Rights and Obligations with Prenuptial Agreement

Author : Jeffrey Broobin
Prenuptial agreements are like insurance policies. You do the paperwork, and then hope you'll never need it. However, since half of marriages end in divorce within the first seven years, you may want to consider a prenuptial agreement before you walk down the aisle and say, "I do."Since you could later be engaged in a nasty, costly, and emotionally draining divorce some day, you should consider a prenuptial agreement as a precaution. Below we have given you some information on what is in a prenuptial agreement and whether it could be useful for you.A prenuptial or ante nuptial agreement is a document signed by two people who intend to be married. It describes their rights and obligations should they get divorced. A prenuptial agreement informs the court how they want their assets and property divided up.Divorces become messy when parties cannot agree on the distribution of property, such things as the house, the house, stocks, and bonds and whether one party should pay the other alimony, now known as "maintenance" in most states. Assume that the husband has $1,000,000 in his own name prior to the marriage. A properly drafted prenuptial agreement can award that same $1,000,000 to him after a divorce, notwithstanding what he does with the money, such as purchasing a home in joint tenancy or shifting the money into other accounts. Without a prenuptial agreement, the wife might be entitled to one-half of the $1,000,000 or more, depending on the financial circumstances of the parties at the time of the divorce. The prenuptial agreement is a powerful and valuable tool that can favor the husband, protect the wife, or serve both of them fairly. It is a question of circumstances and intentions.Candidates for prenuptial agreements used to be just older individuals with huge estates that they wanted to protect from gold diggers for their children from previous marriages. Since more millionaires are born every day, the candidate pool is growing by leaps and bounds. Now everybody has something to protect: an unpublished author, the budding inventor, anybody with a lucrative profession or a good idea. So, before you dismiss the idea of a prenuptial agreement, assess your situation in life and your long-term future in deciding whether a prenuptial agreement is right for you.Consider at length the nature and extent of your present and possible future assets. A prenuptial agreement can be a very simple document running only a few pages that segregates each party's assets owned before the marriage, or it can be a very complicated document that runs dozens of pages because it deals with income and assets acquired during the marriage, the payment of debts, attorneys' fees, alimony/maintenance, and other financial matters. The next hurdle is raising the issue with your intended spouse, a very unromantic event. It helps to get it over with early. Perhaps you could blame it on someone else, such as your parents who may want to involve you in a family business, or possible business partners.If you have no one to hold responsible, just be honest. Tell your future spouse that you intend to be open, fair, and honest, and the fact that you will be revealing all your assets is a sign of trust. Assure your intended that he or she will be protected during the negotiation procedure and in the prenuptial agreement, and stress that the document is something you feel is necessary and wise before you get married. The most important thing is to discuss it earlier instead of later, so that the degree of pressure before the wedding is mitigated.Couples do not usually break engagements because of disputes over prenuptial agreements. In almost every instance, the agreement is signed and the parties are married. It is also completely appropriate to state that you will not get married without a prenuptial agreement; case law has indicated that this will not invalidate an agreement if made before the wedding.The best way to avoid charges of duress or coercion is to tell your future spouse early on that you want the prenuptial agreement. Sometimes, such documents are signed shortly before the wedding, but have been the subject of negotiation for months. A well-drafted agreement will recite the fact that, even though it was signed shortly before or on the wedding date, negotiations began much earlier. It is for clauses like this that you consult experts.Eventually, a prenuptial agreement will be fashioned so that you and your future spouse both accept it. The terms may not be what you initially envisioned and may not be what your intended would want. But that is the nature of compromise.Note that Legal Helper Corp. - http://www.legalhelpmate.com/prenuptial-agreement.aspx

- provides an easy-to-use, quick, and economical online method for creating Prenuptial Agreement (Premarital).About The AuthorJeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.Website: http://www.legalhelpmate.comEmail: : jeffreyb@legalhelpmate.com
Keyword : premarital,prenuptial agreement,marriage,legal,relationships,laws,attorneys,lawyers

Asset Searching for Recovery Actions - The Decision Maker's Tool Part 2

Author : Thomas Lawson
In Part One of this article we took a look at some minimum recommendations for asset searches as a recovery medium. This discussion is based on the assumption that an asset search has already been determined to be sanctionable by, for example, a loan in default, a judgment that has been rendered, a court order obtained for the release of credit information in cases that are not clearly defined under the FCRA or "extended consent" given in a creditor/debtor or employee - employer relationship.As Part One suggested, to properly identify a non-corporate subject, fraud examiners in non-law enforcement environments should take the following steps:* Obtain credit reports form the three major credit bureaus, per FCRA requirements* Obtain social security traces form the three major credit bureaus.* Obtain address update/credit report header information from the three major credit bureaus.* Match the information obtained through the independent sources to the information presented by the subject of the asset search.Part One also provided suggestions for determining assets, including real property ownership, vehicular searches, vessel ownership, aircraft ownership, and banking information. Following is additional financial and business information that should be gathered, as well as liability-related data that impacts the subject's net worth in a recovery action.Financial InformationCredit reports should be obtained from all major credit bureaus in order to completely determine the subject's credit worthiness or credit status. The Federal Home Loan Mortgage Association ("Fannie-Mae") determined several years ago that a minimum of three national credit bureau repositories should be accessed to develop credit information prior to the qualification for a mortgage loan. While this is the standard, many companies do not provide this information in the pursuit of the asset search, and limit their request to only one major credit bureau. Some difficulty also exists with respect to the investigative community's lack of access to major credit bureaus, and many credit reports procured for investigative purposes are, in fact, procured through third- and fourth-party blind sources.Credit bureau-based research agencies are usually your best source for credit and financial information, as well as banking data, since their primary focus is in the credit community and understanding the limitations of the credit system, as well as knowledge of "better" access to the credit bureaus. This assures their continued success in operating their business.Credit reports are important not only from the standpoint of providing identification information, additional addresses unknown to the client, and/or additional name variations in the form of aliases and/or akas, but they also provide an almost up-to-the-minute window of credit activity pertaining to the subject. This gives an impression of the subject's credit worthiness with respect to paying off the obligations the subject is currently faced with, not to mention, in many cases, his or her current whereabouts.If an overwhelmingly favorable credit report is generated on the individual, chances are strong that the subject may be hiding assets, and a more aggressive collection and/or litigious pursuit is justified. If the individual's credit is in a "pre-bankruptcy" mode, chances are strong that the lack of discovery of available assets, which would affect the decision whether to charge-off or litigate the matter, is more easily palatable by the analyst.Credit histories also contain adverse public records that may not have been developed throughout the course of the search, since the primary search parameters are on an exact name basis, and usually a specific jurisdiction basis only. The benefit of credit reporting agencies is that they procure information from large repositories, which contain information from jurisdictions that may not necessarily be germane to the original asset search request.Corporate AffiliationsA determination of an individual's Officer/Director and/or Registered Agent status within a corporation is important to determine whether or not that individual may own stock in that enterprise, which can also be determined somewhat by a search of applicable public records within certain state jurisdictions. Some states do not provide public access to information with respect to stock ownership in corporations, yet many states do provide information with respect to the Officer/Director and/or Registered Agent status of an individual.These searches are conducted at the Secretary of State level, and if the information is developed, certain other information with respect to the corporate enterprise may be provided. This includes the status of the corporation (i.e., good standing, suspended, or forfeited), the filing date and filing numbers of the corporate enterprise, and the subject's affiliation with the enterprise.Many states require a secondary search level to be undertaken, which is the procurement of a "Statement of Officers/Directors" (ET SEQ.). There are database repositories, which provide President and/or Registered Agent information.However, most searches that develop Officers and Directors must be conducted by hand at the applicable state jurisdiction.Security & Exchange Commission files provide information on individuals who own more than 10% of a publicly held or publicly traded corporate entity. This search is conducted by database through a few private companies, and the searches are, by and large, undependable. The searches conducted directly through the SEC, which are extremely time-consuming, are the only valid searches to rely upon within this instance, and for all intents and purposes, inside information with respect to this file indicates that it is roughly 80% accurate and complete.PartnershipsSearches for partnerships, be they limited partnerships, general partnerships, or specific partnerships, are conducted at the state and local jurisdictional levels, depending upon the state. In California, for example, searches at the California Secretary of State's Office identify "LP-1" Statements, which are filed by the general partner of the limited partnership, and identify not only a name reservation, but also the name of the general partner of the business. This one-page form is not a full-blown search with respect to the partnerships that could pertain to an individual. The search conducted at the county or parish jurisdictional level would identify all general partnerships, which would be required to be recorded and limited partnerships which own real estate.Uniform Commercial Code FilingsWhile a Uniform Commercial Code Financing Statement could be primarily viewed as a lien instrument, in the context of an asset search it should be addressed as more of an asset determinator. From the perspective of a UCCs relationship to an asset, when an individual is identified as a debtor, usually the debtor's status pertains to the securing of personal property for a business that may not have been disclosed throughout the course of additional research.The age of the Uniform Commercial Code Financial Statement (they expire after five years in 48 states) would determine the extent of possible equity in equipment and fixtures, which may pertain to an individual and/or his business. In the case of a manufacturing facility, with depreciation schedules as they are, clearly a 4 ½-yearold UCC-1 on a piece of equipment that was purchased new at the time the UCC was filed would still retain equity, and thus constitute the discovery of a "hidden" asset which may be liquidated.There is also a little known side of the UCC spectrum that is often ignored by examiners. This is searching for "Secured Party" status on a UCC-1. Clearly, this would be where the subject is, in fact, the Creditor on a UCC-1, with the implications of the discovery of this type of hidden asset quite obvious. Many states do not provide "Secured Party" status indexing, and thus, while it is not available in most states, it can be expected within certain state jurisdictions where the asset search will be based.Sole Proprietorship EntitiesA search should be conducted of the Fictitious Business Name and/or Assumed
Name Index of the applicable county or parish level of jurisdiction to determine if the subject's name appears as a Registrant, or Declarant of a Fictitious Business Name or Assumed Name Registration. The discovery of these items usually constitutes the discovery of additional bank account search possibilities, as well as entities and/or enterprises that may be unknown to the institution or client.Other AssetsIn many instances, an individual could hold offshore assets in the form of trusts, partnerships, and so forth. A thorough search of applicable public records within the jurisdictions germane to the activities of the subject can often reveal information, which might lead to the discovery of these offshore assets. This particular type of asset search is highly sophisticated, and should be left specifically to agencies that have demonstrated high levels of competence in international asset research. The trustworthiness of the agency should be scrutinized before entering into a contract.LIABILITIESLitigationA search should be conducted of the applicable jurisdiction to determine the extent of possible litigation involving the subject from both current and prior perspectives. A standard expectation for the research should be primarily an index review of the cases, which are outstanding, and if required, an analysis to determine the extent of "pending" lawsuits, which, as of the date of the report, remain unresolved. The search should be conducted on a ten-year basis, with the pending actions focused within a five-year window.Federal, State, and Local Tax LiensA search of the applicable jurisdictions should be made in the Recorder's Office to determine the extent of federal, state and/or local tax liens that might impact the net equity position of the subject. The existence of, for example, a $150,000 federal tax lien could wipe out all equity positions enjoyed by the assets discovered throughout the course of the research. Thus, the discovery of this liability is critically important in the assessment of the subject's net worth and ability to pay.BankruptciesA search should be conducted through applicable jurisdictions germane to the residences and/or activities of the subject of the U.S. District Bankruptcy Court records for a ten-year period. The purpose of this research is to determine if the subject has established a pattern of filing bankruptcy, and/or possibly (in the event a bankruptcy is discovered) to scrutinize the assets and/or creditor's list to determine if there was fraudulent misrepresentation of assets and/or liabilities at the outset of the credit relationship with the institution.JudgmentsSearches for Abstracts of Judgments, or Judgments, are usually conducted in the applicable jurisdiction's Recorder's Grantee/Grantor Indices. The searches should reflect primary judgments that were filed in the applicable jurisdiction by the court, and can be included in the research for pending and/or previous lawsuits at the court jurisdiction level. The Abstract of Judgment concept is that a particular judgment is "extracted" from the court records, and "abstracted" to the county jurisdiction, in order to encumber items of personal and/or real property which are identified, and are targeted for attachment and liquidation to pay off the claim. Plaintiff actions can be considered potential assets, and should not be overlooked.Miscellaneous LiabilitiesAdditional searches should be conducted on a wide-area basis, both at the state level (Secretary of State) and the county or parish jurisdictional level, to determine if additional liabilities exist from the standpoint of judgments, tax liens, or county-based UCC Financing Statements. These identify specific types of assets such as crops, timber, and inventory. They are not usually found at the state level UCC search, and most agencies do not provide them unless requested to do so. This search is more specifically covered in the following Intelligence section.IntelligenceIn any good asset search, the fraud examiner should develop intelligence throughout the course of the research that would refer to information as specified above concerning additional names on real estate ownership, transferee names, and so forth. Additional modules of research that should be conducted include criminal histories on the individuals targeted within the asset search, as well as a search for evidence of known connections with other business enterprises and/or individuals with whom regular associations are engaged.There are multiple methods of access to this type of information, not the least of which would constitute a surveillance (highly unusual in an asset search) which would identify the comings and goings of the subjects at hand, and would assist in the identification of the "intelligence" type of data. Additional information is developed with respect to the assets, in order to assist in the determination of the market value so that a net equity figure can be derived for one asset, or a group of assets, from all levels.To delve into the methods of this type of discovery would be to get into the mind of the fraud examiner working the case, and shall not be addressed in this article, but should be included in an overview process in the Intelligence Section of any asset search report.Some other instances where information would be helpful include areas where other tangible net worth is discovered, such as intelligence provided by developed sources close to the subject regarding stamp collections, gold coin collections, cash under a mattress, and so forth. This information is highly inconsistent within the context of a normal asset search, and, while hoped for, should not be expected as a matter of doing business with a particular fraud examiner.Miscellaneous InformationIt is important to understand that today we are faced with many research possibilities from the standpoint of hands-on jurisdiction research versus database research. It is important to specify whether or not database research is, in fact, acceptable, or if hand research is required. Extensive experience in FDIC and FSLIC work for over ten years dictates that the standard of research for these agencies, as well as Resolution Trust Corporation until recent months has been that only hands-on work is acceptable in an asset search.It must be understood that while database search capabilities appear seductive, many lack the depth and breadth to provide a sufficient search upon which decisions should be made, and a case should be analyzed. There are technical problems with database research that shall not be delved into here, but it should be generally understood that reliance only upon database searches does not give the complete picture, and may end up providing inadequate information upon which an improper decision will be made.Close attention needs to be paid to understanding the differences of a hand search versus a database search. The common rule of thumb should be the clear understanding that when a search is purchased from a database company, what the purchaser is really buying is the amount of money that has been invested in the computer's search logic, not necessarily the information provided by the jurisdiction which the company purchased. A hand search, on the other hand, is conducted by an individual at the applicable jurisdiction by searching records provided by the jurisdiction, which are as up-to-date as possible.Database research provides information that is usually not updated within thirty to sixty days. It is also important to understand that database information is usually based upon the "first-cut" data/magnetic tapes provided by the jurisdiction to the database firm, and may not include updated, completed or extricated information that is critical to the determination of whether or not a record exists on file, and/or is in fact reportable under applicable statutes within the applicable jurisdictions. The most recent legislation that specifically identifies the limitations and requirements of database service companies include California Assembly Bill 1629, Chapter 1194, Public Law91-508 (FCRA), the CCPA and various other local, state and federal statutes.ConclusionWhile these guidelines give insight into modules of research which should be integral to any decent asset pursuits, it is important to understand the capabilities an integrity of the firm you're using to conduct some or all of the research with you, or for you. Clearly, while the use of databases is on the rise, it remains good practice to consistently test the information you receive against independently known or researched information for its depth and accuracy.This investigative attitude will not only help you to weed out the questionable information, but will help you to more clearly establish your expectations with whomever will be assisting you in determining if discoverable and attachable assets exist, which can be attributed to the subject of your inquiries.Thomas C. Lawson, CFE, CII is President and Founder of APSCREEN International, the world's leading full service Consumer Reporting Agency since 1980. Lawson is called "one of the real pros" as he has helped to reshape laws including those for employment screening, permissible credit reporting, asset discovery and fraud examination. Tom is a Life Member of: ACFE, ASIS, SHRM, PIHRA, PNRRA, PRRN, CII, WAD, WIN, FCAOC and OCEMA.
Keyword : asset search, asset recovery

Better Late Than Never - Register Your Published Photographs

Author : Carolyn Wright
There's no doubt that it's easier to register your photographs before you publish them. But if you didn't get it done then, it's better late than never to register your published images. The good news is that it's more convenient and cheaper than ever to register your photographs after they have been published.Pursuant to a recent change in copyright law, you now can register a group of published images on one form. The only requirements are that the photos must have been published in the same year, made by the same photographer and have the same copyright claimant. This should fit the profile of most photographers and their work.Another beneficial change in the law is that group registration of published images currently requires only one "deposit" or copy of the image. Previously, you had to submit two of the actual published copies. Now you can register your published images on one form, with only one deposit, one application and one filing fee, as long as they meet the above requirements.Specific instructions on how to prepare your registration forms for published photographs are available from the Picture Archive Council of America at http://www.pacaoffice.org/copyright.html in "The Importance of Copyright Registration"You no longer have an excuse. Go to the dentist, change the oil in your car, and register your images, both unpublished and published. It's better late than never.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : copyright, register, published, unpublished, law, deposit, registration

Have You Heard About The Prepaid Legal Systems?

Author : Vinodh Pushparaj
Prepaid legal systems have been around for more than four decades and millions have joined these programs and benefited from it. Yet the majority of folks out there don't have a clue of what these are. The fact is around seventy percent of households were in a situation where they needed some legal advice or service. These folks were not able to exercise their rights because they were not able to afford even the initial lawyer consultation. Let's get a closer look at these promising prepaid legal systems that has the capacity to solve this problem.Prepaid legal system is similar to your health insurance plans, you prepay a preset membership fee and you get access to a preset plan benefits. This is typically offered for groups of employees or unions. The employer deducts the cost from the payroll like how they do for the health insurance. There are many plans open for public membership. You should understand that access to legal system is your birth right. The legal system is a complex beast which has gotten to that complexity due to the abuse it took over years. Every hole that was exploited needed to be plugged and the complexity increased multifold. It is this complexity that makes it hard to know what rights you can exercise, what forms to use to resolve problems. This is where these prepaid systems excel.There are tons of different plans offered by these prepaid legal plans. These plans could cover as little or as much based on where you live and who lives around you. Puzzled, you should be. The plans are based on the lawyers of each locality. The number of specialized services offered is directly proportional to the capability of the lawyers who have signed up in your locality. Hence it is absolutely mandatory that you evaluate the experts you get access to, if you join the plan. These are typically monthly payment with a yearly commitment or sometimes with a money back timeframe. What these plans offer is peace of mind for some but for some this is an unnecessary expense. If you are in a job prone to frivolous cases and prone to consumer complaints this is going to be very useful. Or if you are in heady waters in a troubled relationship then chances are you may need cheap access to initial lawyer consultation now and then.There is always the other side of the coin, sometimes it happens that these services offer absolutely no to minimal support for specific cases. It is highly important that you exercise your probability knowledge in here to evaluate if you need to signup for these plans. I have seen a lot of complaints in the Internet where people feel they have wasted their money by subscribing to these services. Well think about the car insurance plans you have. How many times have you gotten back what you have paid, it is the probability that keeps a very huge industry alive and well. Atleast I am in the camp for now who is happy that I have not asked for money back from the car insurance companies :-). I know of a friend who lived happily with nothing to worry and then one day he bought into a scam through Ebay now he is finding all means to get a refund of the thousand dollars he paid the scammer. He is now a person thinking about how to get justice and his money back. These services provide you the much needed initial consultation and give some good discounts for access to lawyers.I think this article would have given a good start to understanding the prepaid legal systems. And I hope you would start evaluating whether these systems suit your lifestyle and decide if it is a necessary "legal insurance".You can consult the following websites for further reading on the prepaid legal systemsAuthor has been freelancing for many companies and can be reached through the no fee Freelance website - http://www.freelancefree.com
Keyword : prepaid legal, aplora, freelance, prepaid legal systems, group plans

Examining the Legal Billing Rates

Author : Gil Mart Abareta
Every time you want to avail legal assistance, your finances are also one of your biggest considerations. I'm speaking here in terms of legal billing rates. These rates really vary based on the experience, prominence and prerogative of the lawyers. Lawyer fees differ. Now, the big question is – Are these fees reasonable for clients like you? Is it just enough for the lawyers?An article entitled "Guide to Legal Services Billing Rates" says that most lawyers will tell you that the practice of law is a noble profession dedicated to the pursuit of truth and justice. But anyone looking to hire a lawyer must realize that practicing law is first of all a business. As a result, lawyers in private practice are going to charge what the market will bear in order to make a profit from their services. Understanding this and having a basic knowledge as to how lawyers' charge for their services may help you to negotiate the best deal when you need to hire one.I must say that all of the payment arrangements stated in the said article are not more than enough. I think, they are just enough to compensate for the time and effort a lawyer will spend in your case. These arrangements include hourly rates, flat fees, retainers and contingent fees. The lawyer has the opportunity to choose the payment plan that you'll have. However, the client can still open up his views if he disagrees with the lawyers' offer. It's still up to them to decide about the final payment arrangements.In addition, there are certain factors impacting lawyers' fees such as advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location, and preferred client discount. All of these affect the choice that a lawyer makes regarding the payment arrangement that the client has to comply with.Indeed, it's important to understand how these fees are being treated under the different payment arrangements. The decision if what type of payment best suits your paying capabilities still depends on a good communication between you and your lawyer. It may be hard to compensate for this high-paying job but then it will be your reputation that's at stake here.Generally, it's always better to fairly settle everything first – especially in terms of legal billing rates – before commencing any legal proceedings. Through this, you'll certainly have a smooth-sailing relationship with your attorney towards the success of your case.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : legal, billing, rates

Why Is My Case Taking So Long?

Author : Wayne Walker
CapTran is a litigation financial services company that makes working capital loan to law firms as well as pre-settlement advances to plaintiff. Financially stressed plaintiffs come to us for financial help in order to be able to sustain themselves while waiting for their case to resolve. We are not a law firm and we offer no legal advice. However, we do have a great deal of experience investing in personal injury cases. The observations and comments in this article are a result of those experiences.One of the most common questions we are asked is "Why is my case taking so long?" Many clients get angry as the time between the injury and the claim settlement gets longer and longer. Plaintiffs often vent their anger at their attorneys for the delay when, in most cases, it is not their fault. We constantly hear clients complain that their attorney is "not doing anything" or "my attorney won't tell me anything".CapTran has invested in thousands of personal injury cases and has dealt with literally thousands of personal injury attorneys and their staffs. Our experience tells us that there are many reasons for the delay and in order to determine whether or not your case is going unusually slow it is important to understand how the claim process works.First and foremost is the fact that insurance companies are in no hurry to settle. The longer they can hang on to the money, the more investment income they can earn. While many states have bad faith insurance laws that require insurance companies to handle claims in good faith, many continue to move as slowly as they think the law will allow. Certain insurance companies are especially slow to deal with and some have even been successfully sued under the bad faith insurance laws.
Most cases settle without a lawsuit.Notice we say "claim process" and not lawsuit. That is because year in and year out, most personal injury claims are settled without a lawsuit. For example, insurance industry survey data reveals that 95%-96% of all motor vehicle bodily injury claims are settled without a lawsuit ever being filed. Attorneys only file lawsuits as a last resort if the claim cannot be settled through negotiation with the tortfeasor's (defendant's) insurance carrier.Should I hire an attorney or handle the claim myself?
If what you just read about settlement data has you thinking that, if it is so easy to settle a case, maybe you should handle the claim yourself, think again. Study after study shows that claims paid to claimants without legal representation are lower than those with legal counsel.The claims processYour attorney will notify the defendant's insurance company that counsel is representing you. The insurance company will assign an adjuster to work on your claim. This is the person with whom your attorney will negotiate to secure the best settlement possible.There are two parts to the claims process - liability and damages.LIABILITYThe first part of the claims process is establishing liability. If there is any question of liability the claims process will come to a screeching halt.Plaintiffs always seem to feel that the question of liability is cut and dried since a police officer may have arrived at the scene and issued a traffic ticket to the defendant. However, it may not be that simple:• The defendant may have subsequently challenged the ticket and won.• The defendant may have a valid excuse such as an emergency situation that made the accident unavoidable. In many states, such 'emergency" actions are valid defenses.• The defendant may be a governmental entity with sovereign immunity meaning they can't be sued.• You may be considered partly (not mostly) responsible and in some states such "contributory" negligence may prevent you from suing.Your own history and conduct will have an impact on the insurance adjuster's view of liability. Some of the things that will make an adjuster question liability are:1. If you went to the emergency room and the medical report reveals drugs or alcohol present in your bloodstream.
2. If you have a prior criminal record.3. Previous injuries. If you have had a previous injury the adjuster may question if the injury is really a result of the previous accident or condition rather than the current accident.4. Subsequent injuries. If you have a subsequent injury resulting in another insurance claim, the adjuster will begin to wonder if you are a scam artist. At the very least, you will have two insurance companies claiming that your injuries were the result of the other driver's negligence.While we find that in most cases insurance carriers do not challenge liability without good reason, we cannot emphasize too strongly that only a qualified personal injury attorney can adequately represent you on liability questions.DAMAGESGenerally, the most time consuming issue is the question of damages. Since your physical injuries are most likely the largest component of your claim value, your attorney must know the answers to the following questions:1. What were your injuries?2. What treatment did you receive?3. What were your medical expenses?4. Have you stopped being treated and have you reached what is called maximum medical improvement (MMI)? MMI means that additional treatment will not make you any better.I t is important for you to understand that while you are still being treated your attorney can do very little if anything to move your case along. Why? Until your condition has been fully treated and you have reached MMI, your attorney has no way of determining how much to ask for!To help speed your things along, make sure that you do the following:• Be diligent in your medical treatment.• Make sure that your attorney receives proper documentation from your medical providers.• Ask your attorney if there is anything further that you need to provide.• When you stop treating ask your attorney when a demand letter will be sent to the insurance company.DEMAND LETTERWhen your attorney is sure that you have reached MMI and that all facts pertinent to your claim are known, a "demand letter" will be sent to the insurance adjuster. The demand letter will contain a recitation of the facts of the accident, theory of liability and demand for payment for the damages you have suffered.We have seen all kinds of demand letters. Some attorneys treat demand letters like simple business documents and others seem to see them as an art form offering the chance to wax poetically about the grievous nature of your injuries.
Insurance adjusters see thousands of demand letters and are expert at plowing through the verbiage to get at the real issues. It is important to ask your attorney for a copy of the demand letter so that you can be sure that your claim is complete.Be diligent and patientOnce you are satisfied that you have finished medical treatment (and are at MMI) and your attorney has submitted an accurate demand letter, you must be patient and diligent.If there are no liability issues and your claim does not have the appearance of fraud or buildup, your claim will be processed by the insurance company's adjuster. Time really starts now. All of the time up to this point means nothing.
Be diligent in checking with your attorney to see if the insurance company has responded as well as to make sure that there are no issues that have arisen of which you should be ware.If you have reached this point, be patient. Your attorney wants the same thing you do; to have the case settled to your satisfaction and get paid.By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – www.captran.com.This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney.
© 2003 CapTranWayne C Walker is President of Capital Transaction Group Inc. a leader in litigation financial services – http://www.captran.com.
Keyword : lawsuit loan,lawsuit,lawsuit funding,personal injury

Electricution Accident Lawyers in Los Angeles

Author : Dave Hoffman
After an electricution accident, contact your insurance company and your lawyer as soon as possible. There are situations when no one is responsible of an accident, but that's definitely the case with any electricution accident. All lawyers in Los Angeles will be delighted to take your case to the court. Why? Because (1) someone HAS to be guilty in this kind of accident and (2) it's probably not your fault.The only possible reason for an electricution accidentNo one deliberately risk one's life playing with electricity, so generally speaking the only possible way to get a "natural" electricution is to be struck by lightning. In all other cases it is someone's fault. Most electricution accidents are caused by ungrounded electric-powered appliances or other machines, so it is usually clear that someone who is responsible for maintaining them made a mistake and thus gave some work for electricution accident lawyers. Los Angeles ones are no exception here and they really look forward to getting their part of the cake.Coping with the results of an electricution. Accident lawyers from Los Angeles might really help!Of course the first and the most serious effects of electricution are the health hazards or even death. But in this article we deal mostly with things that happen afterwards. The moment you get to hospital the battle begins - the institution that is potentially responsible of the accident starts marshalling its arguments. They look for any possibility that the electricution accident was only your fault and sometimes even your deliberate action. The latter is potentially disastrous, because your insurance company will do everything to cancel your insurance and any argumentation that shows the possibility of your deliberate action will be quickly adopted by your insurance company. So better don't hesitate and hire some electricution accident lawyers. Los Angeles is full of them, so you shouldn't have any problem with finding the proper lawyers. I know they may be expensive, but you simply need someone who will defend you, especially if you're still in hospital.Possible problemsIf your health hasn't suffered much, the rest will be fairly easy. It is much simpler to prove that the accident was caused by somebody's mistake than that it was only your fault.Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.
Keyword : injury law

Patent Pending: What Does It Mean?

Author : Lisa Parmley
Many companies begin manufacturing and selling their new product (a.k.a. their invention) to the marketplace before their patent is officially granted. They use the term "patent pending" to indicate that the product is proprietary and a patent is (just like the term states), pending.The only way you (or any company) can ever legally use the term "patent pending" is when a patent application has been filed to the United States Patent and Trademark Office (USPTO). Any person or company who falsely uses this term can be fined. So take care to only use it when it is true.During this patent pending time period, the USPTO will keep the application under wraps. No one outside the Patent Office's walls will have access to it.The Patent Office does, however, publish most applications 18 months after the application filing date. Any member of the public may request a copy of the application once it's been published. But, take note, if your application is granted, your invention will have been protected ever since the date you filed your application.As you can see, the patent system is set up so that you can actually begin manufacturing and marketing your invention immediately after you file your application.Many companies spend massive amounts of money developing their new products. So it makes sense for them to apply for their patent as soon as possible and begin marketing their product immediately. In this manner, they can 'milk' their patent monopoly for the longest amount of time possible. A utility patent usually only lasts 17 years from the date the patent application was filed, so there's really no use letting that time go to waste.You may or may not need to use the term "patent pending". If you are waiting until your patent is actually granted to market your invention, then you may as well forego the term "patent pending". Instead, once your patent is granted, you may use your official patent number along with your product and any promotional information related to it.Please review www.PatentYourInventions.com to learn more about patenting and marketing your invention.Lisa A. Parmley - Registered Patent Agent
Intellectual Properties Enterprises, Inc
http://www.PatentYourInventions.com
Keyword : patent law, provisional patent, inventor, invention

Notary Public Service Locations

Author : Kent Pinkerton
A notary public is a public servant chosen at the state level as an impartial witness to the signing of documents. Dependent on the state in question, other services may be available including the administering of oaths, fingerprinting or wedding services.To locate a notary within your state, a simple Internet search will reveal numerous notary public service locations available to the public.For example, a search for a notary public in the vicinity of New York reveals several locations where these services are provided. Oftentimes UPS stores or other postal or packing business will provide a notary, and individuals may also contact the National Notary Association for more information.The city of Buffalo, New York offers a website for those individuals seeking a notary. The website, www.buffalonotary.com, is composed of a group of independent notaries offering their services in the New York area. For those in need of a witness to documents, administrator of oaths or taker of affidavits or depositions, Buffalo Notary can be of assistance, and may be available for consultation outside of regular business hours.Those seeking notary assistance in the Florida area can contact the Florida Division of Corporations – Notary Commissions and Apostille/Certification sections. Here one can learn the steps needed for becoming a notary public, complete an application, search the public notary database for information about commissioned notaries and review daily activity journals.It is important to remember that a notary cannot provide legal services, preparation or counsel of any kind. Those in need of legal services of this nature should contact an attorney in their local area.Although licensed notaries are typically available in many locations within a given state, it not usually necessary for an individual seeking services to travel due to the prevalence of mobile notaries. These are licensed notaries willing to travel to the location of a client, often outside of regular business hours.Mobile notaries can travel to a client's office or home to provide services, and most are recognized under the U.S. Mobil Notary Association. Individuals or groups under this organization carry the Certified Mobile Notary Public (CMNP) designation.Notary public service locations are available across the country in all fifty states. If you are having difficulty locating a licensed notary, or are unsure about the validity of your notarized documents or notary public, contact the National Notary Association.Notary Public Info provides detailed information about how to become a notary public, plus notary public classes, supplies, services locations, and more. Notary Public Info is the sister site of Paralegals Web.
Keyword : notary public, how to become a notary public, notary public supplies

How To Deal With A Whiplash Injury

Author : Mohammad Latif
It happens all the time: long, tiresome travel, a moment of distraction or a sudden meeting with a road-hog - and suddenly you end up in a crash. Whiplash injury is very often, maybe 80% of the time, the result of car accidents.It's an injury caused when the neck suddenly jerks backwards and forward or vice versa during a collision. A small percentage of whiplash injuries can cause traumas lasting many several years with many chronic problems. Each year British insurers deal with approximately 250,000 claims for this kind of injury! That's a quarter of a million claims.Recognise The Symptoms!There are no two identical accidents and the symptoms of a whiplash injury may vary depending on e.g. vehicles' speed, kind of collision (whether it's front, rear or side), etc. Saying all that, there are some symptoms, which may often vary on a day-to-day basis. Victims can suffer from headaches, dizziness and nausea together with vomiting. Shoulders and arms become stiff or numb or one can feel neck and back pains or 'pins and needles' type of feeling. Blurred vision and ringing in the ears may also occur.The Whiplash Injury ClaimAs you will see, whiplash injury may result in long months of health problems and discomfort. Wearing a collar support, living on pain and anti-inflammatory medications - is not an easy time for anyone. Not mentioning how it can affect your daily job making it difficult or even impossible to perform the simplest task. Don't you think that you deserve some solid compensation for all your health problems and frustration?You deserve to make a whiplash injury claim in the fastest, easiest and least stressful way possible. It's hard to deal with insurance companies when you're injured and simply tired with the present situation.So How Would You Handle It?The answer is very simple: make use of a good accident compensation solicitor. They not only become your legal advisor - their job is to take care of all the process of claiming your accident compensation.First, they grant you professional medical examination of your injury. Then handle all the procedures - pays the bills and fees, represent you in court, etc. You don't have to worry about anything - it's the solicitor's duty to make your claim successful and to win the compensation for you in the most comfortable manner.Companies hassling injured people and offering their services in brazen and insolent ways belong in the past. Nowadays, the methods of an injury claim is customised to make the process of claiming compensation stress-free. In cases of painful and lingering health problems, like whiplash traumas, making it as easy as possible, is just priceless.Priceless? But Really, What Is The Price Of It?Probably the most important aspect for you is, the services of an accident solicitor doesn't cost you anything at all. If you successfully claim your injury compensation, you get 100% of it - no tricks.All the bills and payments are paid by the party who lose the case. On the other hand, if you lose, you don't pay for anything either - the solicitor makes all the payments.Why should you pay for something that wasn't your fault? It's logical, isn't it? So there is no risk involved in cooperating with an accident solicitor.Whiplash injury itself is painful enough. Why would you add the pain of handling all the compensation claim by yourself, if you can make use of a quality solicitor?It's easy, stress-free and free – don't forget about the last one. Solicitors are not a leech wishing to suck your wallet dry - you don't pay a single penny for their help as it gets recovered from the other party insurers. But instead, as a 'friend' in need, makes your life easier when the troubles comes upon you.It's easy to make a whiplash injury claim with a quality accident solicitor on your side. Discover, the 12 'Revolutions' in a positive whiplash injury culture at http://www.compensationsecrets.co.uk/whiplash-injury.html
Keyword : whiplash injury, whiplash injury claim, accident solicitor, accident compensation solicitor, injury

Have You Ever Been Pulled Over?

Author : ChaChanna Simpson
I know it has happened to you at least once. It happened to me twice. Once when I backed up in the middle of the street and the second time when I had an expired registration sticker on my car. Yes, yours truly has been pulled over. And I'm positive that I am not the only one that has been.Maybe you have been pulled over because of speeding, running a yellow light or stop sign. But are you aware of your rights when you get pulled over?When the sirens wail
You're flying on the highway, wind blowing on your face and don't realize that you may have went above the speed limit. While you are basking in the sun, to your surprise, a state trooper car emerges from its hiding place. You:a.) gun it. You're sure you can out run him. They do it all the time on that television show Cops.
b.) slow down to a stop and then speed off when the officer is walking toward your car.
c.) pull over calmly as soon as you safely can, using your turn signals to pull all the way over to the right side of the road.I really hope you chose the answer C. By stopping as soon as you can and calmly, you will probably be on the better side of an otherwise irritate cop.Pulled over
Now you're on the side of the road and waiting for the officer to come to your window. "When being stopped, remain calm, keep your hands on the steering wheel in plain view. Only move when told to do so," advises Connecticut State Police Sgt. J. Paul Vance. Many officers have been hurt or killed during a routine traffic stop so don't do anything to make them nervous by going into your glove compartment, even though you may know the drill already and are reaching for your insurance card and registration. The officer may think that you are reaching for a weapon.If you're ever pulled over by an unmarked vehicle and the "officer" is not in uniform, "you may request a uniformed officer to respond to the scene. Keep your windows up and your doors locked until you are satisfied that the officer is in fact a police officer," says Sgt. Vance. You can also call 911 in this case as well.Speaking with the officer
Don't give the officer any back talk. In fact, it is recommended that you don't speak at all. Let the officer speak first instead of asking the officer what you did or what's their problem. Don't insist they tell you what you did first before you hand over your liscense and vehicle registration either.
When asked questions like: "Do you know why I stopped you?" It is better to give a definitive answer. If they tell you what they think you did, don't argue. Instead, shut up! You have that right and you don't run the risk of saying something that will be used against you if you fight the ticket or get arrested.Here's something you may not have known: traffic cops are taught to decide before they leave their car whether they are going to give you a ticket or give you a warning. They are just acting like they care about your plight when they have already decided to ticket your butt. What they are really doing, while they seem interested in what excuse you are giving, is trying to see if they can get you to admit guilt. Sgt. Vance says the only reason an officer would change their mind is if you were speeding for a medical emergency or a woman was in labor.Just say no! (well, only if you are positive)
If you are stopped and the officer asks to search your car, you have the right to say no. The officer has to have a reasonable suspicion you've done something wrong or are a danger to the public. So don't give them a reason by bending down, or looking like you are hiding something when they are approaching your car.They can only search your car without your permission:
• if they suspect you are hiding something.
• you or any occupants in the car have been arrested.
• if you have something illegal in plain view, such as open wine or beer bottles or drugs, or weapons of any kind.If you are sure that you have nothing in the car then by all means allow the search. But if you share your car with someone then you may want to decline because who knows what they may be doing with the car without your knowledge.ChaChanna Simpson is the editor and publisher of Twentity.com, a free advice ezine for twentysomethings.
Keyword : pulled over, civil rights, traffic stops

Biotechnology: Commercial - Licensing Agreement - Royalty Payments

Author : Rosanna Cooper
The case, Cambridge Antibody Technology v Abbott Biotechnology Ltd and another, concerned what royalty payments were due to the claimant, Cambridge Antibody Technology, under the agreements between the parties.Cambridge Antibody Technology was a company undertaking research and development work and licensing of its technology, in relation to the production of antibodies. The first defendant was the holding company of the second defendant which was one of a group of pharmaceutical companies. The parties entered into a collaborative agreement in 1993, whereby the claimant granted the defendants the right to use its technology in the production of a genetically-engineered human antibody for use in the treatment of rheumatoid arthritis.Two years later in 1995, the parties substituted the first agreement for a second one on substantially the same terms. As a result of the collaboration, the defendants produced a product known as HUMIRA.In accordance with the agreements, the defendants agreed to make royalty payments to the claimant at a rate of just over 5% of the net sales of HUMIRA, subject to an offset or royalty-sharing provision. This provision allowed the defendants to deduct from the royalties due to the claimant half the royalties due under licences from third parties for certain categories of technology. This was subject to the payment by the defendants of a minimum royalty provision of 2%. The interpretation given to the royalty provisions in the agreements came in dispute.The defendants claimed that they were entitled to offset, against what was due to the claimant, 50% of the royalty payments paid to third parties in relation to other patented technology used in the development of HUMIRA. They argued that having taken licences from a number of third parties that owned patents; the offset had reduced the amount payable to the claimant to the minimum payment of 2%. Accordingly, they had calculated the royalty payments due to the claimant as 2%. The claimant accepted that the agreements contained an offset provision but argued that it applied only to royalties which the defendants needed to pay to third parties in respect of the use of the licensed technology by the claimant. They contended that all of the licences relied on by the defendants related to patents covering parts of the HUMIRA production process rather than that involving the claimant's technology. Therefore the offset provision was not triggered. The claimant submitted that the defendants should have been paying a royalty for the bulk of their sales of HUMIRA at the rate of just over 5% and not at the rate of 2%.The claimant's claim was allowed. The judge held that on the true construction of the agreements, the construction put forward by the claimant was correct - that was the only construction which was consistent with all the other provisions of the agreements and made commercial sense in the factual matrix within which the agreements had been made.Accordingly, the royalties' payable by the defendants should have been calculated on the basis of the full royalty of approximately 5%.If you require further information contact usEmail: enquiries@rtcoopers.com© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.RT Coopers Solicitors in London, UK, Pharmaceutical, pharmaceuticals, pharmaceuticals lawyers, pharmaceuticals solicitors, attorneys, lawyers, drugs, biopharmaceuticals, solicitors, roylaty payments,legal advice, LAW, FIRM, law firm, legal advice, pharmaceutical law, contracts, Intellectual Property, drug advertising, drugs, law firm, Collaborative Agreements, Commercial Contracts, Commercial Litigation, Counterfeiting, Due Diligence, Freedom to Operate Searches, Intellectual Property, IP Securitisation, Information Technology, Joint Ventures, Licensing, Passing Off, Patents, Patent Litigation, Patent Searches, Patent Strategies, Proof of Concept, Regulatory Requirements, Technology Transfer, Trade Marks, Trade Mark Searches, Validation, biotech law firm, biotech lawyers, biotech solicitors, find biotech law firm, find biotech solicitors. If you require further information contact us at enquiries@rtcoopers.com http://www.rtcoopers.com/practice_pharmaceuticals.php
Keyword : RT Coopers Solicitors – pharmaceutical lawyers and solicitors providing legal advice on biotech

Fidel Castro Was a Law Student

Author : Lance Winslow
Fidel Castro is an excellent case study into the mind of an attorney or Lawyer. Castro promised his fellow revolutionists that once they had conquered the country that they would set up a free democracy. Yet within a month Castro had changed all that, taking over businesses to fund his new government and sending people to prison who did not follow his exact orders.He set up sham trials and courts, with dictator type rules of law, which suit his fancy. In doing so he betrayed the people he was said to have freed. Anyone speaking of betrayal was jailed, beaten or killed. Today Fidel Castro is the last dictator in the Western Hemisphere. This is an interesting study of what happens when you turn your country over to the lawyers; they take over, using their version of law, which is whatever suits them. Lawyers are nothing by Machiavellian thinking folks claiming superior ethic, when in reality they are unfit to lead possessing an evil mind and complete disregard to freedom. Are you completely sure that you do not believe that Caesar did not have a good idea there, when he said; "First, we kill all the lawyers!"Fidel Castro is a dictator and we obviously are a very weak country, having traveled half way around the world to take out a dictator when we have one in our own back yard, whose sons will soon take over and continue Fidel's mission and of course they also have studied law, Castro's Law. Why are we allowing this in our own hemisphere? Think on this; think about the weaknesses in our National Diplomacy in American and this hypocrisy in the present period; exactly why are we not policing our own back yard anyway?Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : law students, lawyers, law school, attorneys, dictators, laws, cuba, evil, fidel castro

Technology and the Whistleblower

Author : Darcy O'Neil
As the meeting comes to a close, your boss smirks with an self assured arrogance. He then says that you should seriously consider his offer, because he has it on good authority, that there may be a very localized downsizing in your department. Wouldn't it be nice to smirk back and just say "no thanks".This scenario plays out more often then most people realize. With all of the recent business and government scandals there were a lot of people who knew that books were being cooked, laws being broken and the health of the public being put at risk, just to keep profits high and investors content. Many people felt that there was nothing they could do against powerful executives and corrupt bureaucrats. The credibility of a low level employee compared to that of a 'successful' corporate executive is a huge hurdle to overcome. Also, corporate lawyers are there to defend the company, even from internal hazards. So, once a person decides to speak up, they must be prepared to have their credibility brutally attacked and the onslaught of legal preceding from an all-star team of corporate lawyers.Just the thought of legal proceedings can stop a person from making the ethical choice. It's easy for people to be vilified by their employer, at which point the credibility of the person speaking out is destroyed. How is possible for a single person to fight a company or government with infinite resources? Many years ago, it was practically impossible. However, the "digital revolution" may have changed the balance of power. For a "whistleblower" to be effective they need proof of wrong doing and a method to communicate those issues to the public. The availability of compact electronic devices such as digital audio recorders and digital cameras allow an individual to document many of the issues and bring the power back to the whistleblower.The first piece of technology that should be in every whistleblowers repertoire is a digital audio recorder. These devices are so small that they can be put in a shirt pocket without being noticed. Once you decide to "blow the whistle" you should start recording all of your conversations. Keep a log of the items discussed, so that you can refer to the appropriate recording when needed, otherwise you can spend hours going back over the content. The best part is that these devices are not expensive. A digital voice recorder costs about $100, or many times MP3 players have a microphone built into the device, so they can be used to record conversations.Another device that is very handy is a voice modem with telephone recording software. This will allow you to, hook up your phone, and record any conversations that occur over the phone. If you get fired before you have all the evidence, sometimes telephone conversations, with the people in power, can help to document important facts, because people very rarely think they are being recorded and say things that they probably should not have.Make sure you check your local laws regarding conversation recording. In most places it is legal to record with one-party consent. One-party consent means that if you are involved in the conversation, you do not need to notify the other parties that you are recording the conversation. In Canada, one-party consent is the law. In the United States it is a little more complicated, as some states have their own regulations. You can refer to this recording law chart to determine what laws affect you. If in doubt, speak with a lawyer.The third device every whistleblower should have is a digital camera. Many times the violations are in manufacturing or packaging, which could be a public health concern. These can be very hard to document and prove, since the paper records may be manipulated. A picture says a thousand words though, and will help authorities uncover doctored documents. When taking pictures be very cautious as most companies prohibit camera's on their premises. Many cell phones are now equipped with digital camera's, so they are easier to conceal. Take as many pictures as you can and try to prove the date you took them. Some camera have a date stamp feature, even though this is easy to manipulate. The best option is to take a picture of the daily newspaper beside the offending subject. This is very hard for lawyers to argue against and disprove that the violations did occurred on that particular date.The last piece of equipment needed is a computer. When the authorities begin investigating your complaint, you will need to produce your evidence such as documents pointing to the issues. Most corporations are moving towards a paperless environment, which means that these documents will only be accessible by a computer. The other important part your computer plays, is to backup all of those images and audio recordings. Make sure your computer has a CD writer or DVD writer. Take these backups and put them somewhere secure, like a bank deposit box.One area of concern is the removal of corporate documents from the office. This can violate many legal agreements you may have signed. If you are worried about this, there is a very simple solution. Backup all of the evidence files at work and stash them somewhere in the office. In the ceiling or in duct work is a great place. Basically, anywhere nobody ever looks. When it is time to produce these documents, simply tell the authorities that you have stashed them in a safe place at the office. The evidence is kept safe and you haven't violated any agreements, a win-win situation.In the future, companies may begin banning digital devices from the workplace for the exact reasons being discussed here. However, if were are persistent, it may go the other way and corporate behaviour may change, which is the ultimate goal of being a whistleblower. The days of "plausible deniability" and "disgruntled employees" are disappearing quickly.Darcy O'Neil is a chemical technologist who became a pharmaceutical whistleblower. His experiences, including the evidence, legal threats and decisions can be found at Snake Oil: A Whislteblowers Story. Darcy is currently working as a bartender, activist and freelance writer.
Keyword : whistleblower, conversation recording, digital, technology

What It Takes To Be A Lawyer?

Author : Amit Laufer
When you see all these handsome Lawyers in TV series like LA Law, sitting in their fancy offices, driving these flashy cars, have you ever realized what they have been through in terms of time, years of education, money, certifications, etc...Let me Describe to you the Lawyers course of training. Formal educational requirements for lawyers include a 4-year college degree, 3 years in law school, and the passing of a written bar examination.Competition for admission to most law schools is intense. prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the profession.Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.Acceptance by most law schools depends on the applicant's ability to demonstrate an aptitude for the study of law, usually through good undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant's undergraduate school, any prior work experience, and, sometimes, a personal interview.During the first year or year and a half of law school, students usually study core courses, such as constitutional law, contracts, property law, torts, civil procedure, and legal writing. In the remaining time, they may elect specialized courses in fields such as tax, labor, or corporate law. Law students often acquire practical experience by participating in school-sponsored legal clinic activities; in the school's moot court competitions, in which students conduct appellate arguments; in practice trials under the supervision of experienced lawyers and judges; and through research and writing on legal issues for the school's law journal.Law school graduates receive the degree of juris doctor (J.D.) as the first professional degree. Advanced law degrees may be desirable for those planning to specialize, research, or teach. Some law students pursue joint degree programs, which usually require an additional semester or year of study. Joint degree programs are offered in a number of areas, including law and business administration or public administration.After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practice. Currently, 40 States and jurisdictions mandate continuing legal education (CLE). Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments.The practice of law involves a great deal of responsibility. Individuals planning careers in law should like to work with people and be able to win the respect and confidence of their clients, associates, and the public. Perseverance, creativity, and reasoning ability also are essential to lawyers, who often analyze complex cases and handle new and unique legal problems.Lawyers held about 695,000 jobs in 2002. About 3 out of 4 lawyers practiced privately, either in law firms or in solo practices. Most of the remaining lawyers held positions in government and with corporations and nonprofit organizations.(Source: www.bls.gov)For Additional information:www.Lawyers-Best-Infoweb.comMBA - International Trade & Finance - Heriot-Watt University. Bsc. Computers and Information Systems - Long Island University - C.W Post Campus. Hobby: Photography. Married with two Children.Owner & Editor of: http://www.Lawyers-Best-Infoweb.com
Keyword : Lawyer, Lawyers, Attoreny, Attorenys, Accident Lawyer, Dui Lawyer, Wrongfull death lawyer, Lawyer ed

FBI and FCC Seek Control of Software Industry

Author : Richard Chapo
With government agencies, one often has to try to guess what they are hiding. A close look at a FCC policy document released at 9 p.m. on a Friday may shock you.Controlling SoftwareThe Federal Communications Commission has issued a policy paper that sets free speech back a few thousand years. Yep, the FCC is taking the position that computer software companies must first get approval from the FBI before they will be allowed to put software products on the market. Think about that for a minute and cringe.The ostensible reason for Big Brother's power grab is, once again, the pursuit of terrorist and bad, bad people. You see, Brother wants to make every software company put a backdoor in their systems that lets Big Brother access your computer on the sly to keep an eye on you. No doubt, many evil people use Adobe and Microsoft products!Big Brother Out of Control?Obviously, everyone is interested in catching terrorists and bad guys. The idea of giving the FBI carte blanche power over the software industry, however, goes way beyond such concerns. Let us consider a practical example.What if construction companies had to seek approval from the FBI before building homes? The ostensible reason would be to make sure the FBI could place cameras and wire taps in every home to monitor and stop terrorist activities. Surely, nobody could disagree with such a noteworthy goal. On the other hand, how would you feel about having cameras in each room of your home?For a counter argument, government apologists claim that the FBI would watch the computer activity of only a small number of people because the FBI doesn't have the manpower to do anything else. This argument is so much nonsense. "Watching" computer activity doesn't require manpower. It is a technical function carried out by a software program. The FBI already has such programs, including the controversial green lantern program. If it didn't, why would it want this power?FBI monitoring programs run automatically. They continually accumulate data, which can be accessed when needed. This data collection can be used in thousands of different ways by hundreds of different agencies. For instance, what if the IRS audits you? What is to stop it from accessing your computer data and looking at all of the sessions you performed online banking? Nothing. The IRS and FBI work hand-in-hand on numerous prosecutions.The United States is supposed to be the land of the free. Just don't assume as much when using your computer.Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - a San Diego business law firm in San Diego, California.
Keyword : big brother, software, fbi, fcc, wire tapping, cameras, software industry, fcc policy document

FLSA Lawyers - Fair Labor Standards Act Attorneys & Lawsuits

Author : Todd Going
The Fair Labor Standards Act (FLSA) was created by the United States government in 1938. This act was set to protect the rights of workers and encourage 'fair play' between the management and labor. This act established a national minimum wage, created overtime pay and installed regulations for minors in the workplace.Because of the diverse nature of the American workforce, there is special consideration given to various groups such as children working on farms. Selected terms were given for people in executive and administrative positions as well as thousands of other special cases who are able to claim exemptions to FLSA regulations.In August 2004 the most important change to FLSA came about. Lawmakers decided to amend the document and clearly establish which jobs are exempt from overtime and which jobs are not. As a result, millions of Americans who were once eligible for overtime pay had now been 'reclassified' into administrative, professional and executive categories which disqualified them for their overtime pay.Hard working Americans deserve respect for their contributions to society and should be entitled to fair and just compensation for their labors. If you or a loved one has been a victim of oversight, negligence or deceit in the workplace it is important that you contact an experienced FLSA lawyer immediately. FLSA litigation can be confusing and time consuming, and only a professional FLSA attorney will be able to get you the compensation you deserve.For more information on FLSA lawyers, FLSA litigation or filing FLSA lawsuits, please visit http://www.resource4flsalaw.com

This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
Keyword : FLSA Lawyers – Fair Labor Standards Act Attorneys & Lawsuits

Auto Accident Tips

Author : J Zuniga
Auto accidents can be very stressful if you don't know what to do. The following are some tips in case you are involved in an auto accident. First of all, make sure everyone is ok. If anyone isn't ok, then immediately call 911. By OK, I mean, needing medical attention. For example a broken bone, concussion, or serious cut.If you aren't hurt, then you want to make sure you do the right thing and protect yourself. There are alot of people out there that will frivolously sue, so you want to make sure and handle yourself properly. Don't anger or upset the person you are involved in a wreck with. You don't want to give them any more motivation to sue you.The next thing you want to do is identify the driver. Make sure that they don't try to switch drivers. In some cases involving drinking, people have been known to switch drivers. Get the drivers licence number and address.If you notice the other person has been drinking heavily, a trick i've used before is i called myself on my cell phone and recorded them on my voice mail. This may or may not be used in court, but when it comes time to make a claim, you can use
the fact that you have a recorded conversation of them drunk as leverage against them. This may help you.Another tip, is look for witnesses if it was their fault. Neutral 3rd party witnesses can be very helpful if you find them.Look for any excuses that they give when speaking with you, such as I'm tired, I am sick, or I am drunk. Also notice if they say they are OK. At least you'll have this documented if they go back and say that they are are suffering from a neck injury.As far as police reports go, depending on which state you are in the law may require a police report to be filed. In alot of
cases, if injury occurs, or if the property damage exceeds a certain amount, a police report must be filed. I recommend
calling 911 and informing them of the accident. If you call it may help show that you weren't trying to hide anything.The next step is dealing with an insurance company. This can be a serious headache depending on how willing your insurance
company is. First of all, you have a certain time frame that you have to make your claim in. Your policy should outline
this grace period. Once you contact them, they will ask you some questions and may even try to get a recorded conversation
from you. If they want a recorded conversation, then I would suggest hiring an attorney. If you look hard, you'll be able
to find one at a reasonable cost. Another bit of advice when dealing with insurance companies, is, 'Don't be a pushover.'
Let them know you won't back down easily if you don't get what you deserve.Getting in auto accidents is never a good situation, but taking the right steps can ensure that it doesn't get much worse.J Zuniga is senior editor of New Jersey lawyers an informative site dedicated to helping consumers with a bit of legal information and links to attorneys in the area. For specific input on auto accidents visit our New Jersey accident lawyer page or our New Jersey personal injury lawyer page.
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Texas Real Property Law for Commercial Landlords

Author : Tri Nguyen
I have found that landlords generally face the same set of issues and have the same set of questions pertaining to their rights, duties and obligations as landlords under Texas law. The answers to these questions depend on whether residential tenants or commercial tenants are involved. Although commercial and residential property ownership and operation have some similarities, the differences are numerous and diverse enough to justify separate treatment for each area. This article is intended to discuss issues related to commercial property with commercial tenants only. This article is my attempt to create a quick and very general reference guide on the rights, duties and obligations of commercial landlords and operators under the Texas Property Code. It is by no means complete, but hopefully is informative enough to assist the reader in asking informed questions of legal counsel and thus be more efficient and economical while consulting legal counsel.You should not take this article as legal advice, and I strongly urge you to seek competent legal advice for your specific situation. The Texas legislature updates and passes new laws relating to landlord/tenant issues on a regular basis. In addition, Texas courts regularly interpret these laws. Thus, the laws discussed in this article are in effect as of December 2005. I have not assumed any duty or obligation to update this article beyond this date.I. Duty to MitigateIf a tenant abandons the leased premises in breach of the lease, the landlord has the duty to mitigate (lessen) the damages that the landlord would experience as a result of the abandonment. Thus, the landlord should not let the premises lie vacant in hopes of being able to recover lost rents from the tenant. This duty to mitigate damages may not be waived by the tenant, so any provision in the lease that tries to waive this duty or exempt the landlord from liability is void.II. Security DepositA security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease.III. Retention of Security DepositBefore returning the security deposit, the landlord may deduct from the deposit damages or charges for which the tenant is obligated under the lease or resulting from a breach of the lease. However, normal wear and tear (does not include deterioration that results from negligence, carelessness, accident or abuse) may not be withheld from the security deposit.If the landlord retains any portion of the security deposit, the landlord must refund the balance of the security deposit and give the tenant a written description and itemized list of all deductions. However, this description and itemized list is not required if the tenant owes rent and no controversy exists concerning the amount of rent owed. The refund and written description and itemized list of all deductions is not required until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. However, failure to provide a forwarding address does not cause the tenant to forfeit its right to receive a refund or a description of deductions.IV. Refund of Security DepositA landlord must refund the security deposit not later than the 60th day after the date the tenant surrenders the premises and provides notice of the tenant's forwarding address.V. Change of Landlord/Owner and the Security DepositThe new owner or landlord of the leased premises is liable for the return of the security deposit starting from the date title to the leased premises is acquired, except where the new owner acquired the premises by foreclosure through a real estate mortgage. However, the former landlord or owner remains liable for the security deposit received while the person was the owner or landlord until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.VI. Liability of Landlord for Security DepositA landlord who in bad faith retains a security deposit is liable for an amount equal to the sum of $100, three times the portion of the security deposit wrongfully withheld, and the tenant's reasonable attorneys fees incurred in a suit to recover the deposit. It is presumed that a landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is acting in bad faith.VII. Preventing Access to Leased PremisesA landlord may not intentionally prevent a tenant from entering the leased premises except with permission of the court unless such prevention results from (i) bona fide repairs, construction or an emergency, (ii) removing the contents of the leased premises abandoned by a tenant or (iii) changing the door locks of a tenant who is delinquent in paying at least a part of the rent. The lease may alter this provision.VIII. Changing Lock Due to Delinquent PaymentsIf a landlord changes the door lock due to delinquent rent payments, the landlord must place a written notice on the tenant's front door stating the name and address or telephone number of the individual or company from which the new key may be obtained. The new key is only required to be provided during the tenant's regular business hours and only if the tenant pays the delinquent rent. The lease may alter this provision.IX. Landlord's Removal of Property After Abandonment by the TenantA landlord may remove and store any property of a tenant that remains after the premises has been abandoned. The landlord may also dispose of the stored property if the tenant does not claim the property within 60 days after the date the property is stored. The landlord must deliver by certified mail to the tenant at the tenant's last known address a notice stating that the landlord may dispose of the tenant's property if the tenant does not claim the property within 60 days after the date the property is stored. A lease may alter this provision.X. Abandonment by the TenantA tenant is presumed to have abandoned the premises if goods, equipment or other property, in a substantial enough amount to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant's business. The lease may alter this provision.XI. Interruption of UtilitiesIf the tenant pays for utility services directly to the utilities companies, the landlord may not interrupt or cause the interruption of such services unless the interruption results from bona fide repairs, construction or an emergency. A lease may alter this provision.XII. Removal of Doors, Windows, Locks, Hinges, Etc.A landlord may not remove a door, window, attic hatchway, lock, hinge, hinge pin, doorknob or other mechanism connected to a door, window or attic hatchway cover from the leased premises. Additionally, a landlord may not remove furniture, fixtures or appliances furnished by the landlord from the leased premises. However, the landlord may remove these items for a bona fide repair or replacement, which must be promptly performed. A lease may alter this provision.XIII. Landlord May Terminate Lease Due to Public Indecency Conviction of TenantA landlord may terminate a lease signed or renewed after June 15, 1981 if the tenant or occupant uses the property for an activity for which the tenant, occupant or any of their agent or employee is convicted of public indecency (prostitution, promotion of prostitution, display or distribution of obscene materials, sexual acts with persons under the age of 18, etc.) and such person has exhausted or abandoned all avenues of direct appeal from the conviction. Notice of termination must be by written notice within six months after the right to terminate arises. The landlord obtains the right to possess the property on the 10th day after the date of notice is given.XIV. Notice Requirement Prior to EvictionThe landlord must give a tenant who defaults or holds over beyond the end of the term at least three day's written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties contracted for a shorter or longer period of time in a written lease or agreement.The notice to vacate must be given in person or by mail at the premises in question. If notice is delivered in person, it may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail or by certified mail, return receipt requested, to the premises in question. The notice period starts from the day on which the notice is delivered.Copyright 2005, Tri NguyenTri Nguyen practices primarily business, corporate and real estate law in Houston, Texas. He may be contacted by telephone at 713.513.4808 or e-mail at tri@trilawoffice.com.Not certified by the Texas board of legal specialization.
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A Lawsuit Cash Advance: A Financial Lifeline

Author : David Springer
Pursuing a lawsuit can put a strain on your finances. But a lawsuit cash advance can provide a feasible financial lifeline to support your case and living expenses.If your personal funds are running out, and your case still hasn't made it to court, consider a lawsuit advance. It bridges the gap from your accident date to the settlement date. A lawsuit advance can provide you with money for the duration of your case.A lawsuit cash advance is not a loan. The funding company buys a piece of the future settlement proceeds of your lawsuit, contingent upon the future outcome of the case. Essentially, you receive cash today in exchange for a specific amount of any settlement or judgment received from the litigation. Most often, lawsuit funding is used to cover medical and immediate living expenses.A lawsuit advance is available for all types of cases, including personal injury, medical malpractice, employment discrimination and wrongful death cases.Understanding a Lawsuit Cash AdvanceTechnically, a lawsuit advance is a practice in which individuals who are plaintiffs in lawsuits receive money from a lawsuit loan company who takes a lien on the proceeds of the suit in return for cash now. Funding is provided on a non-recourse basis. This means any money you receive is yours to keep even if the results of the case have a negative outcome.Companies generally will provide a lawsuit advance to individuals who have a strong case. For them, the cash advance is an investment. If you win, they receive a portion of the monetary award granted to you by the court. If you lose, they get nothing.In essence, a lawsuit cash advance poses no risk on your part. You never have to repay the funding company if your case is unsuccessful in court. But if your case wins, you'll probably end up with significantly more money than you would have if you settled early. That's even after you present the funding company with its portion of the settlement.The Need for a Lawsuit Cash AdvanceLitigation is an expensive process. For most people with personal injury claims, a lawyer is hired on a contingent fee basis, meaning there is no attorney fee unless the case is successful. Then, any attorney fee that's required is a percentage of the money recovered. The law firm advances money for the cost of litigation until the case is resolved. (For ethical reasons, lawyers cannot lend money to their clients.)However, for individuals paying legal fees "out of pocket", the need for a lawsuit loan can be critical. Here's why: People who have been severely injured in accidents due to the negligence of others can be financially devastated during the process. Many are put out of work for weeks or months, leaving them with no income to provide for their dependents while they recover. Unfortunately, these victims often lack the proper income or credit history to qualify for a traditional loan. Even if they could, conventional loans require monthly payments which can be a further burden to their situation.A lawsuit cash advance is a viable option for cash poor plaintiffs. It can help them meet their living expenses, pay for medical care and cover other personal costs. This can keep plaintiffs from having to sell their valuables or borrow money from family and friends to keep their lives on track.A lawsuit advance enables individuals to pursue justice without having to put their life on hold by sacrificing other necessary financial responsibilities. Instead of worrying about finances, they can focus on recovering from their injuries while they await a trial verdict or settlement.Working with a Funding FirmThere are a growing number of companies offering a lawsuit cash advance. Pursuing funding from these sources is fairly straightforward. You simply contact the provider for a free consultation. The company will follow up with your attorney, evaluate your case material and let you know often within 48 hours if you are eligible for lawsuit funding. Typically, no application fee, credit check or employment verification is required.If approved for a lawsuit cash advance, your attorneys will retain complete control over your case. The funding provider will not get involved with your case strategy and or receive payment until after the case is settled.When choosing a funding firm, asking questions about the practices, fees and conditions involved.The American Litigation Finance Association (ALFA) offers some useful tips to help you locate suitable lawsuit cash advance company:- Deal with a company that is investing for its own portfolio. Otherwise, you could wind up paying a great deal more than necessary.- Don't supply information that is not otherwise discoverable. Privileged information should only be shared with your attorney not a third party.- Don't make multiple applications with different funding companies. You have no way of knowing if that company is going to try to sell your deal to one of the others to which you have applied (which will not sit very well with the real funding source). Besides, multiple applications create a hassle for your attorney since he or she will have to complete many requests for information. Your best approach is to make an informed choice and work with that company.- Check with your attorney. Never sign a complex contract such as a lawsuit cash advance agreement without consulting with your attorney first.David Springer is a consultant for Sovereign Funding Group. Sovereign Funding Group is an experienced, reputable company that offers convenient, no-risk services to help you with the selling of your deferred payments and business financing including a lawsuit cash advance.
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Acquired Brain Injury

Author : Elizabeth Morgan
There are two main ways brain injury can occur, insidious onset (tumors, neurological diseases, and substance and alcohol abuse) or outside onset (infection, lack of oxygen, trauma, and strokes). Acquired Brain Injury (ABI) is brain damage suffered after birth.The main causes of ABI include disease (AIDS, Alzheimer, cancer, Parkinson or sclerosis), alcohol or drugs, prolonged lack of oxygen, physical trauma (such as those suffered in car accidents or fighting sports) and strokes (the breaking of a blood vessel causing brain tissue destruction).Acquired brain injury affects patients in numerous ways. Many patients experience mental and physical fatigue, visual dysfunction and slowed mental processes such as problem solving or planning. Personality and behavior modifications can also appear, with some people even becoming a threat to society.It is published that 1.5 to 2 million Americans suffer a brain injury each year, mainly due to falls, acts of violence, sports injuries, and, most frequently, motor vehicles accidents. The even more disturbing news is that 2.5 to 6.5 million Americans are living with ABI. The good news is that thanks to evolutions in medical care, more people are surviving brain injury every year.Acquired brain injury is a serious matter. ABI can result in an incredible life change for the suffering party, family disruption, loss of income or earning potential, and expenses resulting from the victim's lifelong need for support. There are several institutions that offer care for ABI patients, and doctors can diagnose and treat many ABIs, so it is vital that people suffering a head injury get medical attention to prevent or cure symptoms.Brain Injury Lawyers provides detailed information about brain injury lawyers, anoxic brain injury, brain injury associations, and more. Brain Injury Lawyers is affiliated with Personal Injury Lawyers Chicago.
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