Prenups: You Want Me to Sign What?

By Jonathan M. Starr

A prenuptial agreement - or 'prenup' - is one of those legal products that everyone is familiar with despite never having seen one. This is thanks to Hollywood and the gossip media, which has for decades now given us tantalizing portraits of the rich and famous, including the occasional sordid story of a jilted spouse left with nothing due to a hastily signed prenup or a marriage proposal that falls into tragedy because one partner refused to sign a prenup. We all know what a prenup is, but very few of us expect to actually ever need one, because we think a prenuptial agreement is only for rich folks.

This may be changing. Recently, the American Academy of Matrimonial Lawyers (AAML) conducted a poll of its members and discovered that three-fourths of their members have seen an increase in prenups in their clients - about half of these initiated by women. The times certainly are slowly changing.

There are actually many good reasons for anyone, even people of modest means, to enter into a prenup when getting married: Some folks wish to protect assets so they can be left to children from a previous marriage, others might need to separate business interests from personal finances. The key thing to remember about prenups, and something which may explain their rising popularity among 'normal' folks, is that they work both ways. Remember the following:

- A prenup is a contract. As a result, they can be negotiated to be as much in your favor as the initiating party. Just because you are presented with a legal document does not mean you must sign it as-is. You need to review it and make sure your own interests are protected.

- Always hire a lawyer to review a prenup, no matter how much you trust your soon-to-be spouse. A contract can be written poorly or contain unintended consequences.

- Don't forget the prenup doesn't affect you, it affects the future you. Whether weeks, years, or decades later, the contract will affect you in the future, so consider your future. What resources will you have in the event that your marriage ends? How will your contributions to the finances of your marriage be recognized? Make sure you consider your retirement when reviewing the prenup.

A prenup simply removes uncertainty, allowing a relationship to proceed uninhibited. And if that relationship founders for any reason, both parties will likely be glad they signed!

We're always happy to help you understand the implications of a prenup to your marriage. Our goal here at Mediation Associates of NY and NJ (http://www.newyorkdivorcemediation.net) is to educate and guide couples towards legal matters on marriage. We view the initial consultation as an educational tool designed to objectively assess each spouse's needs and concerns about a prenup.

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One Way to Earn Foreclosure Protection - File for Bankruptcy

By Gennady Litvin

The prospect of losing your home to the bank or your mortgage lender is a terrifying one for many homeowners, especially those who don't know how to stop foreclosure. When homeowners are facing foreclosure and they have a lot of other debt, filing for bankruptcy protection may be the only way to go because of a statutory protection known as the automatic stay. As a result, it works out to be foreclosure protection.

The automatic stay acts as an injunction against any attempts by creditors - including mortgage lenders - to collect debts or enforce a lien. In most cases, the foreclosure proceedings are included within the scope of that automatic stay. It's important to understand that an automatic stay is a temporary stop to foreclosure action. An automatic stay does not apply if:

· The homeowner initially files under Chapter 7 bankruptcy

· The court rules that your income is too high to qualify under the means test, and

· The homeowner then re-files under Chapter 13 bankruptcy rules

As you may have guessed, filing for bankruptcy as a means of foreclosure protection is a complicated process. It's not one that a homeowner should try to manage on their own - especially if stopping foreclosure entirely is the ultimate goal of the bankruptcy.

Bankruptcy is Temporary Foreclosure Protection - Get a Permanent Solution

While many homeowners may feel they have no alternative than to file for bankruptcy, it is - at best - a temporary stay to foreclosure. In many cases, however, an experienced foreclosure defense attorney can take advantage of that time to get a permanent foreclosure protection solution. Some of the options that are open to a homeowner to stop foreclosure include:

· Getting a modified mortgage through one of the federal government programs that reduce your mortgage payments by making changes to the original loan. Some of the changes include interest rate reductions, principal reductions, and more. This assistance is best managed by a foreclosure lawyer who will negotiate with the lender to ensure the homeowner is safe when all is said and done.

· Getting a mortgage refinance through the Home Affordable Refinance Program, or HARP, which ensures that the mortgage and even a second are paid off and better terms are designed. Some new terms may include extended time to repay, lower interest rates, and more. It's important that a homeowner work with an experienced foreclosure lawyer to ensure that these programs are properly applied.

· Selling your home as a short-sale - a process that's negotiated by your foreclosure lawyer to ensure that you are not later held responsible for summary deficiency judgments. Many homeowners who agreed without representation to a short-sale were later held accountable for tens, even hundreds of thousands of lost revenue by the banks.

While many so-called 'experts' will tell you that a good place to try to stop foreclosure is by going directly to your mortgage lender, homeowners across the nation have reported this was their first and biggest mistake.

The banks and mortgage lenders are simply too big to give any level of personal attention to a single homeowner and they typically continue with the foreclosure process even while one branch of the bank claims to be working on a modification for the homeowner. After the problem is pointed out, the homeowner may already be out on the street with their home repossessed. It's simply too important a matter to leave to strangers. Homeowners represented by foreclosure defense experts can ensure that they'll get fair treatment as well as the best possible outcome to their foreclosure problem and avoid later issues that could return to haunt their financial future.

Whatever your situation may be, getting the right advice and legal counsel can help you with foreclosure protection through bankruptcy or other options. For a no cost, no obligation consultation and review of your case you can call the Litvin Law Firm. They are a law firm that is focused on foreclosure defense and you can reach them at 888-964-3367.

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What You Need To Know About Medical Malpractice Cases

By Angus Lawton

Medical malpractice or medical negligence occurs when a health care provider provides substandard care to a patient, causing injury or death. This term can be used for situations in which the medical provider failed to act in the best interest of the patient, or situations in which the medical provider did not take proper action or make an accurate diagnosis while caring for the patient. The term broadly covers care provided by any licensed health care provider, and each state has its own rules about how such lawsuits are handled in the courts.

There are some states that are notoriously precarious territory for medical malpractice cases. Here, they are expensive to handle and difficult to win. If you live in these states and want to bring this type of claim against a health care professional, covering all your bases on the front-end will help significantly in the success of your case; however, you should be aware that there are limits placed by the state on the amount of money you can recoup and the rights you have to sue.

To begin a medical malpractice suit, you will have to attain an affidavit from an expert witness who is willing to confirm, on record, that the doctor indeed committed medical malpractice. Attaining such a document is almost always time consuming and expensive, as experts will generally charge for reviewing your records and giving their sworn statement that your situation falls under the umbrella of "medical malpractice."

You should also be aware that once you file a claim, the defendant is very likely to defend the case aggressively. Medical malpractice lawsuits that have been won by the prosecution cause a serious hit to a health care provider's reputation and insurance costs; you can be assured that they will not lose easily and will spend a lot of time, effort and money on their defense. This means that you will need strong legal representation on your side--particularly representation that has experience in handling this type of claims within the state.

Finally, to have a clear shot at being successful, your lawsuit will need to involve a clear breach in the standard of care. In most cases, successful lawsuits in some states have been won because there was unmistakable and undeniable wrongdoing on the doctor's part, resulting in substantial loss such as death or large medical bills. If the medical bills that resulted from the malpractice are not over $100,000, or death did not occur, your chances of prevailing are significantly reduced.

If you have questions or you need help with a medical malpractice case in South Carolina, we encourage you to contact our firm at 843-881-9901 for a free consultation to discuss your legal needs. You can also browse through our website, http://www.lawtonlawfirm.net and familiarize yourself with our attorneys, legal resources and practice areas.

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How You Can Post an Immigration Bail Bond

By George O Olushola

The process of posting an immigration bail bond is slightly different from other common bail bonds. As soon as an immigrant is arrested by the Immigration and Naturalization Service (INS), he may be eligible for bail depending on the type of offence. That type of bail is called immigration bail bond and the amount is set by the INS. It is a guarantee that if the arrested immigrant is released on bail, he will appear before the court or INS on the date of the immigration proceedings.

The decision to determine the eligibility of an immigrant to be granted bail lies with the INS. The agency will decide whether the immigrant will appear on hearing dates and whether he is a danger to the general public or not. If he is eligible for a bond, the amount will be communicated to you and you can post the amount of a low bond in cash. In a situation like this, the immigrant will be released from the INS custody since the money is paid directly to the INS.

It is important to confirm from INS the conditions that must be met before the cash will be returned to the person who posted it. Most times, the money will be returned fully when the immigrant has complied with his legal obligations.

You can go for the services of a bail bondsman if you cannot post the cash amount. Bondsmen work for private companies that post bail for charges that are not refundable. These charges are paid by someone other than the arrested person and, most of the times, it can be a relative. Some companies charge annual fees until the money is returned from the INS and collateral may even be asked in addition to the charges.

Before dealing with a bail bond agency, you should ensure that it possesses special-casualty license and regular-bondsman license. It is compulsory for him to be registered with the federal government and he should hold certain types of insurance. You can confirm his qualification from your state's Division of Insurance.

It is important to note that you will forfeit your bond, collateral or fee if the defendant does not appear in court. The fact that he was released on that condition means that you have agreed to it. As a result of this, you should not post a bail bond for a stranger because it can have a negative consequence.

In order to get a top Los Angeles bail bondsman, it is very important to visit Abbabailbonds.

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Types Of Product Liability Can Cause A Variety Of Injuries

By Priscilla G Nelson

Product liability is an area of law that deals with the liability of companies that design, manufacture and market products to the public. Product liability law dictates that someone who makes a product should be held legally liable for any injuries that may arise from the use of that product. There are generally three types of product liability cases: a defect in manufacturing, a defect in design, and a marketing defect also known as a failure to warn. Manufacturers are responsible for ensuring that their products are free of defects in all three phases of production. If it is judged that they have failed in this responsibility, then they can be held liable under the law for any injuries or deaths that may result.

Product liability laws are very broad. If you feel that you have been injured in some way by a consumer product, it is a good idea to talk to a product liability lawyer about your potential case. A product liability attorney has experience in this area of the law and will be able to advise you about the ins and outs of your case. Many different types of injuries can arise due to product defects and a product manufacturer's negligence. The average person will not be able to accurately assess the situation on their own, and if they decide to pursue a suit of some sort against the manufacturer, they should seek the advice of someone who can guide them through the process.

One facet of product liability cases is the concept of strict liability. Under the system of strict liability a manufacturer can be held responsible if the product they make is deemed defective or inherently unsafe - even in cases where no one was negligent. Strict liability claims are focused on the product itself and its inherent level of defectiveness. The question of negligence does not usually enter into the discussion if the product has been deemed inherently unsafe for use.

Defective products can cause serious injury or even death. If you have been injured by a defective product, a lawyer can help you get the compensation and justice that you deserve.

Find a lawyer that can help you navigate the different issues related to liability claims. The many rules regarding the different types of product liability can make it confusing for a layperson to understand exactly what they will need to do to file a claim. A liability attorney can help in this regard and make sure you are compensated fairly.

The Snapka Law Firm is committed to representing individuals and families of loved ones who have been seriously injured, killed or suffered loss as a result of the acts of others. The Attorneys at the Snapka Law Firm know that the only way to represent their clients is to do so with the utmost integrity and professionalism. Visit snapkalaw.com to learn more about the firm.

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Why Construction Disputes Are Better Resolved Through Mediation

By Bonnie Hochman Rothell

Working as contractors, project owners, sureties and even lenders unfortunately puts some construction professionals at risk for legal disputes. Disputes over the specifics of the job, the cost of the job, change orders as the construction is ongoing or the quality of the completed project or even delays in construction, can all cause grief and headaches for a property owner and for an experienced construction expert.

In a typical dispute over construction, the case can move forward into litigation or into the arbitration process. A third option, however, may be more ideal for all involved parties, and that method is mediation. Many parties have had success negotiating their disputes with a mediator outside of the courtroom. Mediation also has many benefits for all parties associated with a construction project.

To start with, mediation is less expensive than other methods. Usually, a mediator handling a construction case will charge by the hour, which benefits parties since construction cases generally take a few days or less to complete. This is also beneficial for business owners and executives who don't want to miss too many days from work. Since the preparation for mediation can be completed more quickly, the burden of preparing for weeks or months in advance is removed for both parties involved.

Mediation is a much more expedient way to manage disputes, since the entire process can be completed in as short as a few days. Just waiting for a trial date on a construction case can take months or years; mediation can be scheduled simply in a few days. When construction projects are involved where resolution is possible, quick agreements can allow the project to get back on track right away.

In the mediation setting, parties can work together to generate a solution that's mutually agreeable. In a courtroom setting, the scenario can make parties feel like it's a winner take all system, but mediation allows the sides to generate creative agreements. Mediation can also be helpful when other issues have already been settled in past mediation sessions, providing an easy ground to discuss contested problems without having to go back into court.

Construction mediations tend to be handled by a mediator with specific experience in that industry. Mediators are trained in best practices and can use their industry expertise to work through arguments. Unless a specific mediator is named in an existing contract, the parties can review the experience and background of their chosen mediator before the process begins, lending some comfort about the professional who will lead them through. There are numerous benefits to mediation, and both parties tend to find that a solution is easily reached.

Ms. Bonnie Hochman Rothell chairs Krooth & Altman's litigation group and risk management in Washington D.C. Law and real estate are her expertise. Ms. Rothell has been sought to mediate disputes for her passion in finding alternative dispute resolutions to complex problems. If you're in a construction dispute, call (202) 293-8200 for advice or visit http://www.krooth.com

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History of Bail Bonds

By Larry Nowak

The practice of putting up money or property in exchange for temporary release from jail, (conditional upon a court appearance), has been around since 13th century England. In fact, the practice of issuing bail bonds in the United States is mostly based upon the practice that once took place in England. Most of the changes that have taken place regarding bail laws in the United States have addressed the fairness of the bail amount set by the judge, in relation to the seriousness of the crime committed.

The practice of providing bail bonds arose from the need to make sure that offenders, rich or inadequate, had level playing field to secure a temporary release from prison. Before the practice existed, just accuseds rich enough to publish cash or home were fortunate adequate to go cost-free. Those who were poor run the risk of sitting in prison for an indefinite quantity of time, since they had no possessions to offer in exchange for their liberty. A few entrepreneurs, however, recognized a company opportunity. They realized that if they might put forth adequate capital, they could accept a percentage of the offender's money as bail insurance, then post the rest as a safety to obtain the accused from prison. By charging a fee for their service, the business owners had the ability to earn a profit, and by offering this brand-new service, the first bail bondsmen had the ability to provide equal chance for all offenders to gain temporary liberty from prison.

In 1679, the Habeas Corpus Act was passed in England. It gave judges the right to set bail amounts. However, the bail amounts proposed were typically impractical and too expensive for many defendants. Ten years later, the English Bill of Rights was passed. It stated that "excessive bail ought not to be required, nor excessive fines imposed." The Eighth Amendment to the United States Constitution, adopted as part of the Bill of Rights in 1791, is nearly identical to this provision.

When America was still in its infancy, the Judiciary Act of 1789 was passed. This act stated that noncapital crimes (those not punishable by the death penalty) were bailable. It also stated that if a capital crime was committed, then the possibility of bail was up to the judge's discretion. Two years later, the Bill of Rights was passed. Included in the Bill of Rights was the Sixth Amendment, stating that defendants are to be informed of the nature of their crimes. This means that if someone is accused of a bailable offense, they have the right to demand bail. Also included was the Eighth Amendment, which prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment.

In 1966, the Bail Reform Act was passed. Before this time, defendants who were bad risked spending months in jail-- only to have their costs later dropped-- due to the fact that they can not afford bail. Head of state Lyndon B. Johnson, who signed the costs into law, offered the some example of a guy who spent two months in prison prior to being acquitted, throughout which time he lost his task, his automobile, and his household. After he was finally released from jail, he was not able to find a job for an additional four months. The Bail Reform Act assisted level the playing industry for all offenders, making sure that everyone had equal access to sensible bail amounts.

There was one major problem, however, with the Bail Reform Act--a loophole that allowed all defendants, dangerous to the community or not, to receive bail as long as they weren't seen as a flight risk. This loophole made it possible for dangerous criminals to receive bail and be released. The New Bail Law of 1984 replaced the Bail Reform Act of 1966. The New Bail Law states that criminals can be held without bail if they are perceived as a risk to the community. The New Bail Law also states that defendants eligible for bail are to have a bail hearing.

Bail bonds make it possible for defendants to temporarily go free from jail, conditional upon their showing up for court appearances. Thanks to various revisions to laws regarding bail in the United States, all defendants--whether rich or poor--who commit noncapital crimes, can rest a little easier knowing their bail limits won't be excessive, and thus, they won't be forced to sit in jail for months on end, without the possibility of temporary release.

Larry Nowak is the President of Bad Boys Bail Bonds in Salt Lake City, UT. He and his agents work tirelessly to ensure that nobody spends more time in jail than absolutely necessary. For more information, please visit http://badboysbailbondsutah.com/

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The Benefits Of Mediation Over Traditional Courtroom Proceedings

By Bonnie Hochman Rothell

Compared to the tense nature of litigation, mediation offers a valuable tool for alternative methods of dispute resolution. Mediation involves the two disputing parties getting together and discussing the issues at hand with a trained mediator guiding them through the process. There are numerous benefits to working through mediation, and many disputing parties are able to end with satisfactory outcomes.

Avoid The Lengthy Litigation

Mediation is much more flexible than a traditional lawsuit proceeding. Since many courts are backlogged, forcing more immediate criminal issues into the schedule ahead of civil matters; it can take weeks or even months for an initial hearing in a civil case. Mediation, however, can be scheduled with much more ease, since the meeting will require setting up an agreeable time with the other party and a mediator.

Make Your Own Solution

Mediation also allows the involved parties to help contribute to their own solutions in more creative ways. Rather than the win/lose atmosphere in a courtroom, a mediation room can be an open discussion between two parties. The source of the conflict can be explored in greater detail, and parties can work together rather than duke it out in front of a judge. An experienced mediator will be trained in how to maneuver around issues with high emotional stakes, and will work carefully in choosing words and tone when addressing parties in the mediation room.

Participants are actively involved when helping to generate their own outcome. The fact that mediation is centered around a calm discussion, as opposed to a bitter battle in court, allows relationships to remain civil for the duration of the process and likely the aftermath. More often than not, parties generate more creative agreements than the kind of decisions handed down in a courtroom. For the most part, as long as parties can agree to it, the final agreement may be a variation of anything they have initially wanted or thought about.

Create Better Chances of Moving Forward

Mediation looks into the future, rather than dwelling on the actions of the past. The procedure feels less threatening and pressurized than the more formal process of the court. Mediation also allows the opportunity to think about ways to prevent problems in the future, rather than sticking band-aids on past issues of dispute between the parties. The confidential nature of mediation adds a layer of privacy for parties that don't want their issues aired publicly.

Mediation is a helpful tool for addressing disputes that provides confidentiality, flexibility, and the opportunity to reach creative and useful outcomes.

Avoid Large Legal Bills

Mediation is a much more cost-effective means of resolving disputes. Court battles can cost individuals and businesses hundreds of thousands of dollars a year and result in loss of employee productivity as well as other large expenses. However, Mediation can achieve the same or better results with significantly less expense and time. Mediation can occur before yieldy discovery battles and courtroom hearings and without the need for expert witnesses. However, even after discovery in a case has been completed, mediation is still more cost effective than a lengthy drawn out trial and other pretrial procedural motions practice.

Ms. Bonnie Hochman Rothell chairs Krooth & Altman's litigation group in Washington D.C. In addition to an active litigation practice, Ms. Rothell has been sought to mediate disputes for her passion in finding alternative dispute resolutions to complex problems. If you're in a legal dispute, call (202) 293-8200 for legal advice or visit http://www.krooth.com

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Mortgage Foreclosure Crisis - Unique Challenges for Homeowners

By Gennady Litvin

The challenges for those facing foreclosure can be overcome with a foreclosure lawyer

The mortgage foreclosure crisis began to plague and torment the U.S. economy and the communities and neighborhoods across America around 2008. Attempts to resolve this crisis have sparked government programs, mortgage lender initiatives... and sadly enough, many lawsuits.

As foreclosure lawyers began to help homeowners facing foreclosure, they noticed a number of irregularities and illegal practices committed by the mortgage lenders and banks. These caused an endless stream of illegal foreclosures and a significant impact on the nation's residential markets. Not since the Great Depression of the early 20th century have so many homes been seized and so many homeowners put out onto the streets and left sleeping in their cars.

Some of these homeowners saw their payments skyrocket just as they lost their jobs and a few were actually guilty of buying more homes than they could afford. In many cases, the homeowners noticed glaring errors and servicer mistakes that pointed to questionable accounting practices, penalties imposed without notice, excessive fees for property inspections and maintenance, even overinflated and unnecessary attorney's fees being tacked onto their mortgages.

How Lenders Contributed to the Mortgage Foreclosure Crisis

Many homeowners were cheated by the mortgage lenders in a number of ways. Here is how the lenders contributed to our nation's mortgage foreclosure crisis:

• Several homeowners who signed up for mortgage modification programs sponsored by their mortgage loan servicers were surprised to come home and find foreclosure notices stuck on their front doors and signs in their yards. It turns out a 'computer glitch' was blamed but many homeowners actually lost their homes due to incorrect paperwork processing between differing departments within the bank.


• Many homeowners did the right thing upon realizing they wouldn't be able to make a payment - they contacted their mortgage lender and asked them for options to modify or extend their loans. The lenders agreed to be in touch and then when the homeowner was off the phone, began processing the foreclosure instead.


• Other homeowners worked out an agreement with their bank and continued to send in their payments only to have those payments processed incorrectly by the banks and to have to fight foreclosure proceedings due to servicing errors of their mortgage.


• The banks sliced and diced up loans and sold them packaged as 'securities' with gold-plated ratings to investors such as large pension funds and foreign banks. As housing values began to drop and the lending market dried up, loan servicers began to take a second look at those securities. The goal was to determine why the money wasn't flowing in the way it did before and they then discovered a whole range of accounting errors.

All in all, the lenders have demonstrated a significant lack of legal proficiency or attention to the law and it appears that none of the lawsuits filed against them have done much to curb their enthusiasm. The only way a homeowner can get a fair shake in this mortgage foreclosure crisis is by staging a proper foreclosure defense and fighting their foreclosure with an attorney who is experienced with applying foreclosure law. The only way this nation is going to put an end to the mortgage foreclosure crisis is by working through the mess slowly and surely and putting an end to wrongful foreclosure.

Whatever your situation may be, getting the right advice and legal counsel can help you fight your own mortgage foreclosure crisis. For a no cost, no obligation consultation and review of your case you can call the Litvin Law Firm.  They are a law firm that is focused on foreclosure defense and you can reach them at 888-964-3367.

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How Mediation Can Help Resolve Longstanding Workers' Compensation Cases

By Scott Corlew

Mediation as a form of alternative dispute resolution can be a great way to resolve workers' compensation cases that have been open for at least two years and have failed to reach a resolution. This is especially true if the case involves the potential of extended litigation--something that neither side will want. Litigation will end up costing both parties more money and time than mediation, and in mediation, both parties will maintain control over the outcome of the resolution. For these reasons alone, mediation is more preferable than battling it out on the courts in resolving matters relating to unsettled workers' compensation claims.

Choosing to go through mediation allows the parties involved to narrow the scope of the issues and realize the positions of each side. This understanding allows a greater chance of resolution and the mediator--who is a neutral, third party--will be able to help the disputing parties arrive to this point if they are willing to openly discuss the issues at hand.

There are a number of important issues involved in this type of dispute that can be adequately addressed through mediation. For example, mediation can be highly successful in resolving:

• Settlement issues related to workers' compensation claims
• Questions and disputes related to medical issues
• Discussion of light-duty employment while the case is being settled
• Suspension of benefits
• Payment of bills in a compensable medical condition
• Issues related to rehabilitation
• Disputes related to attorney fees and/or liens
• Determination of an employee's correct average weekly wage

Mediation will take place in a face-to-face meeting between the parties involved in the dispute and their representatives, and is usually not done over the phone. This focus on communication without the encumbrances and psychological distancing that can occur over the telephone often helps "humanize" the situation, making it easier to reach a resolution between the disputants.

In cases involving disputes over large amounts of money, structured settlement experts are usually brought in to assist in helping the parties determine a fair structured settlement to resolve the claim. Since workers' compensation claims are not guaranteed if the worker dies, it is important that the parties correctly understand the terms of the settlement before agreeing to it. It is also important that before the mediation process begins, the mediator is made aware of all extenuating circumstances related to the claim, including a summary of past settlement negotiations and possible issues with liens or Medicare Set Aside trust complications.

Scott Corlew is a trained mediator and arbitrator and has arbitrated and mediated dozens of cases. He has successfully handled complex mediation and arbitration for clients as an attorney as well. He is licensed to practice law in all State and Federal courts in Mississippi. If you are involved in workers' compensation dispute, contact Scott at 228-202-5176 or visit his website at http://www.corlewlaw.com

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Avoiding the Appearance of Impropriety

By Albert Methew

When you are on the board of directors and are running a corporation, you may find that certain opportunities present themselves. Some of these opportunities could be situations where you might be able to get something of value for yourself or you might be able to get a family member or a friend a good job. In those situations, you might be tempted to use your position on the board as a springboard for these special interests. However, your stockholders can claim that you are using the authority you have as a board member improperly.

Claims like this are typically resolved through arbitration and similar forms of alternative dispute resolution. However, they are some of the most difficult to predict. The best way to ensure that potential claims do not result in your being fined or losing your position is to avoid the appearance of impropriety. This does not mean that you cannot take advantage of opportunities or help your family members and friends. You just have to bear certain things in mind.

Full Disclosure
One of the first things that you must do is make sure that you disclose the potential conflict to the other board of directors. The cases that generally wind up with the shareholders winning are those in which one of the members of the board fails to disclose the potential conflict to the other board members. Most of the time, this will result in the shareholders being unable to even bring the claim because of the protection of the business judgment rule. This provides significant protection for the decisions of the board, even if one member will benefit significantly from the decision in the 501C3.

Separate Qualifications
One of the other ways that you can protect yourself is by ensuring that separate qualifications are demonstrated sufficiently. This means that when you present the matter to the board of directors, you can also indicate that your friends and family members whom you are trying to help have the necessary skills to be able to provide the work. This makes it even less likely that your shareholders will be able to find a way to bring a claim against the corporation. The more objective the qualifications are, the better.

Do Not Attempt to Hide the Connections
While you don't have to advertise the fact that you are hiring your best friend, don't try to hide the fact either. Most importantly, make sure that you don't lie. Lying only convinces your shareholders that there is something wrong. You may be doing it to avoid a scene, but with the electronic age and the ability to research just about anyone through Facebook and Ancestry.com, it's not too hard for people to draw connections. When making the announcement, you should make sure that you include the separate objective qualifications. Don't let the focus be on the fact that you have hired your brother but rather that you have hired someone who meets or exceeds the qualifications for the position.

Bear in Mind State Laws
The one thing to remember is the anti nepotism laws that have started cropping up in certain states. Most of the time in states like Indiana, the anti nepotism laws are directed at government offices. However, these laws are being applied to businesses that take on government contracts. They do not mean that you cannot hire or benefit direct family members, but they do set out separate qualifications and standards that family members must meet before being able to start work in that job. Remember that state legislature controls over the case law. So, even if your state's general case law indicate that general full disclosure principles are sufficient, the legislature may otherwise overrule that.

The author a prominent provider of legal advisory services including services such as 501C3 to corporations and business houses.

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Help Revive Your Failing Small Business

By Albert Methew

The truth is that most small business failure is preventable, even in an uncertain financial climate. However, 50 to 70 percent of small businesses fail within the first 18 months, according to Business Insider. Being able to take a fresh approach to your business strategy can help you save your business from failing.

What Small Businesses Need Today

If your business is failing, you already know that you are not doing something right. Before you can save your business you have to face this reality and figure out what needs to be improved. You have to be well involved in networking with your community. This is not limited to your personal connections, although those are valuable as well. You need to have a good customer relationship strategy. Without one, you will have a difficult time retaining customers and attracting new ones. It is also more important than even to have a niche market focus. This will help you define your brand and market your business effectively. It is also essential to have a well executed online branding and marketing strategy. If you have overlooked the necessity of using online channels in your marketing strategy, you are limiting your business' potential. Neglecting strategies like mobile marketing, social media networks, and other online tactics is currently the most certain way a business can fail.

Finances

The truth is that the more financial assets you have, the more options you will have to save your business. If you did not have enough money saved before you started your business, you put yourself in a position where money will limit your ability to thrive on the market. Small businesses need to be backed up by substantial investments before they establish themselves and return a profit. Business owners who do no practice fiscal discipline will no doubt struggle. Review your business finances with an advisor. See if there are ways to restructure your finances in a way that will help your business survive. You may need to consider Chapter 11 bankruptcy as an option to rehabilitate your business. This is a more desirable option for small business owners who are determined to save their business. It allows you to restructure your debts, with the help of an advisor.

Closely examine your business' finances. Try to trim expenses wherever possible. This could even mean getting rid of a mortgage you cannot afford, or cutting back on employees. No one wants to execute these types of actions, but it might be essential to saving your business. If you want to keep your small business from failing, you will have to accept that it will take a lot of hard work.

Another truth you may have to face is that you are not fit to run a business. Most people underestimate how difficult it is to do so successfully. It is a pursuit that not every person is fit for. Being a small business owner or any type of entrepreneur is a lifestyle, not just a job. Even if you had the best intentions, you may have started a business at the wrong time. External factors out of your control also contribute to why a business fails. It is important to be realistic and face the realities of a failing business, and try to rectify the problems as soon as possible to avoiding becoming another failed small business statistic.

The author a prominent provider of legal advisory services including services such as Chapter 11 bankruptcy, 501C3 to corporations and business houses.

Article Source: http://EzineArticles.com/?expert=Albert_Methew

What Is the Suffolk County Tax Grievance?

By Nathan Yroger

If you are a property or home owner anywhere in the United States you are probably familiar with paying property taxes. Property taxes are a percentage of the worth of your home and/or property that is tacked on to your tax bill each and every year for as long as you own it. The problem with this is that property values fluctuate regularly, but property value assessors don't come around to record that fluctuation on a regular basis. This means that you may be paying property taxes that are too high.

What Can You Do About It?
In Nassau and Suffolk Counties there is relief from this assessment delay. If you belief that you are paying property taxes that are too high you can file for a tax grievance in order to get the amount you owe reduced. Not only is there an assessment delay, but there have also been cases where the assessors have not assessed correctly just to get the job done quickly or even worse, for the sole purpose of making you pay higher taxes. If your property has already been assessed but you believe that it was done incorrectly resulting in higher taxes, you can file an appeal to have a hearing officer review the assessment or have it redone entirely. Sometimes this is a lengthy process and you can file a tax grievance in the interim. In Nassau County you can file a tax grievance every year as long as you file by March 1. In Suffolk County you can file one every other year and the deadline is May 17. To make the process go as smoothly as possible you may need to get a lawyer to help with proper filing, document drafting and property value assessment.

How Do I Know if I am Paying too Much?
Your property values are affected by a few factors. It fluctuates with the real estate market. Your property is worth the amount of money that you would be able to sell it for in the current market. When the real estate market is low, or houses in your area are selling for cheap, there is a good chance that your property value has gone down. This situation is not very beneficial if you are currently selling your home or property, but if you are paying property taxes this could be in your favor. If there is construction in your area or if a road has been widened so much it has infringed upon your property this would also cause your property value to be reduced. Look around your neighborhood. If there are houses that have been abandoned or there are a high number of houses in disarray your property value has more than likely decreased. If you notice any of these changes, but your property taxes have not decreased you need to have the property value re-evaluated and you can file for a tax grievance.

If you need an attorney to assist you with a Nassau or Suffolk County tax grievance, contact Jaspan Schlesinger LLP. They have a team of specialized attorneys that will guide you through the tax grievance process and make sure that you are not overpaying on property taxes. Visit them on the web at Jaspanllp.com or call their office at 516-746-8000.

Article Source: http://EzineArticles.com/?expert=Nathan_Yroger

Application of Default Judgment on a Civil Case

By Dulluh J Maurice

Ordinarily, default judgment is a legal word that is used as a requisite decision. It is issued in favor of either the plaintiff or defendant based failure to meet certain obligations. Typically the verdict is entered in favor of a claimant when the accused has failed to owner a summons or failed to responds to an application.

The tradition has been that, once the time set for filing a response expires, either party can petition the court to make an evade verdict. There are many ways that such a decision may be entered by the courts. This explains that such a relief is important to parties in a social suit.

It is important because when such a ruling has been made by the courts; the parties attend a hearing before a final decision on the matter. The party who is favored by this sentence will have their entire request settled as in the complaint. Either case is dismissed, or damages are recovered.

Moreover, it is applicable in law to close out a case if one of the parties to a suit fails to respond. Normally, a defendant is obligated to answer to a petition within a specified period. Failure to obey has some consequences. The claimant has to present evidence that the accused has failed to answer within the stipulated time. Once such proof is given, the court enters a ruling in errand of plaintiff. This decision is on the discretion of the court.

In addition, such a verdict may be entered in a situation where a defendant fails to defendant fails to defend the claims of the plaintiff. Failure to defend could be through silence, or acceptance. If the defendant fails to make an appearance through writing in respond to the claims, then the court rules in errand of the complainant.

Normally this ruling is very detrimental to the person at fault. In fact, once the verdict is given, then it is hard to be reversed. In fact, once it is issued, you will be liable for payments of compensation as per the demands in the petition.

However, in rare occasions, this verdict can be set aside by the court. It only happens after the accused has justified reasons as to why he or she failed to respond. This does not succeed in most instances.

Therefore, it is advisable to obey courts directions in a civil case. This is because a default judgment is irrefutable and binding on the parties. Once it is given, none of the parties can later deny or dismiss the claims made in the case.

Article Source: http://EzineArticles.com/?expert=Dulluh_J_Maurice

Getting Into the Legal Profession

By Dan Barrowclough

The legal profession is prestigious and many people aspire to be lawyers, solicitors and barristers. However, it can also be quite a confusing profession to get your head around. The purpose of this article is to clear up some common questions about the legal profession such as: What is the difference between a solicitor and a barrister and what are their job roles, what education is required to become a lawyer and many others.

The first thing to establish is what exactly a lawyer does. Popular culture often gives those in the legal profession a bad name. In reality, they're not as bad as they're made out to be (i.e. they're not all ambulance chasers with no morals).

There are two main branches of the legal professions - barristers and solicitors. The role of a solicitor is to advise and assist on legal matters. They are often the first point of call at the beginning of a legal procedure. Solicitors generally have a specialist area of the law that they work in. Most of a solicitors work is office based, usually in a firm where they work with other solicitors.

Barristers are the other side of the profession. A barrister advises on specific legal issues and represents clients in court. Barristers generally receive their information and instructions through a solicitor. Although, public access barristers are eligible to be approached by and deal directly with the general public. When not in court, barristers work in offices known as chambers with other barristers. Much like their solicitor counterparts, barristers often specialise in certain areas of the law.

There are many different areas and strands of the law, choosing an area to specialise in is done by choosing an area which interests you as well as an area in which you have proven results in.

The road to getting a job in the legal sector is a long, challenging and expensive one. And even if you succeed academically there is no guarantee of a job at the end of it.

The road to becoming a lawyer starts at GCSE level. Unlike many other professions, in order to become a lawyer your GCSE's need to be of a good standard as employers often use them to thin out applications early on in the recruitment process. Following GCSE's, A-Levels are the next logical step (although it is possible to do a CILEx qualification). At A-Level, it is important to do as many academic qualifications as possible. Gaining good grades in these subjects will prove your ability to learn. Ironically, it is not necessary to study Law at A-Level, although it obviously can't hurt, especially if you obtain an excellent grade.

Most lawyers are degree educated; however, not all lawyers have a degree in a law-based subject. Law firms often value the knowledge gained in other degree subjects just as highly. Although, it is worth noting that if your degree is in a non-related subject you will have to undertake a GDL (Graduate diploma in Law) these can be completed in a year but can be quite demanding.

The next stage is the fork in the road; the point at which you must choose to go down the solicitor or barrister route.

To become a solicitor, the next stage is the vocational LPC - Legal Practice Course. This is a vocational 1 year course that is designed to bridge the gap between academic study and training in a professional law firm. It equips you with a range of practical skills as well as allowing for a certain amount of specialisation.

Following this is a training contract. A training contract is a contract with a professional law firm designed to allow you to utilise the knowledge you have gained in education and put it into practice in a professional environment. The firm will assess the matter of retention at the end of a 2 year period.

After this, you are qualified as a solicitor.

The route to become a barrister is slightly different. Upon completing your degree or GDL, you must undertake a BPTC. BPTC stands for The Bar Professional Training Course. This is a one year vocational training course, designed to put students' knowledge to the test with scenarios such as mock court cases and debating.

Following the successful completion of this, the next stage of training to be a barrister is pupillage. This is essentially yearlong work training where trainees are guided and supervised by a barrister with at least 5 years' experience. This is the final step of training.

While training, it is well worth investigating local law firms and specific law firms that interest you, this will allow you to monitor job prospects as well as stay informed on particular firms or areas of law.

For information on specific law firms, it's worth visiting law careers. 'Law careers' contains a host of specialised knowledge as well as general information on law, law firms and working in the legal field. 

Article Source: http://EzineArticles.com/?expert=Dan_Barrowclough

How To Obtain The Finest Legal Representatives

By Karl Omen

In life, things happen unexpectedly and the hard thing about it is that you can't predict when events will take place. For years, you might not have gotten any speeding ticket. But tomorrow or the day after you might get one because who didn't notice the red light and you are in a hurry to be at your office. Same goes with disputes or misunderstandings with your family, relatives and neighbors. Today, you might be friends or in good terms with them. However, the following day, you might be at war with them that you can no longer settle your differences amicably. Whatever kind of situation you are in, it really pays off to plan ahead and prepare for any instances you will be needing a good legal representative.

At present, the market is full of legal companies offering their service or assistance. Some experts claim that the rise in the number of law agencies is caused by the increasing quantity of graduates who are interested in pursuing a career in law. As it has been observed, more and more students go to law school right after they graduate. As a result, clients have a hard time picking one as not everyone is equal. Not surprisingly, there are those that do not actually commit to the promise they have made. Some law firms fail to fulfill their responsibilities. On the other hand, there are also those that really provide quality service and they are the ones you need to look for.

To help guide you pick the best lawyer you can partner with and rely on, professionals give out a couple of advice:

Look for a legal representative ahead of time. Most people only do the search if they are already in a situation where they need someone to represent them in court. This is actually one of the biggest pitfalls as this could result to the hiring of an unreliable lawyer. Note that when folks are running out of time, they tend to settle with the first one they see. This is not good as you are not guaranteed that they are the best legal practitioners to entrust the job to. Before you decide to employ someone, you first have to check if they are credible and capable of doing the job. Therefore, as early as you can, go look for a good lawyer and scrutinize his skills and capabilities to make sure that he can do the job well.

Take into account the type of problem you are facing. Each attorney practices a specific branch of law. Hence, it would certainly pay off to consult a legal representative who specializes in the area you need help. Certainly, it wouldn't make sense to consult a family lawyer, when your problem is related to criminal law.

Go for solicitors who have good communication skills. In the field of law, there are lots of legal terms as well as procedures that regular individuals can't understand, unless they have a law background. Therefore, when you are searching for a legal representative, opt for one who can explain these concepts to you in a simpler and understandable manner. Arrange first a meet up or consultation to find out if they can do this task or not.

These are just simple tips but adhering to them will really pay off in the end. Read more here.

For your litigation needs, visit Layburn Hodgins.

Article Source: http://EzineArticles.com/?expert=Karl_Omen

Guide To Litigation Support Services

By David D Mayfield

Do you own a law firm and looking for a tool that can help you stay ahead in the competition, then the search finally comes to an end. Litigation service is the perfect option for you. These services can boost your day-to-day productivity. Litigation services provide support to the lawyers and add to their productivity and increase the client results.

Legal work involves proper organization of key information that pertains to client cases. The volume of documents that concern notices, depositions, summaries, wills, intellectual properties, legal proceedings. The litigation support services save the corporate houses and legal houses by providing professional and precise litigation support.

Function of Litigation support services

1. Litigation support specialist is responsible to keep the legal professionals up-to-date on the status of court cases by using electronic database.
2. The support services must determine the need of the legal professionals and accordingly use support software to locate the information.
3. They locate, scan and upload the court documents to the electronic database. It is their responsibility to print or burn a CD or DVD.
4. The litigation service provider troubleshoots the litigation application process to ensure smooth functioning.

Responsibility of Litigation support services

The responsibility of litigation support services varies with the legal departments in question, specialization, and size of the organization. But some of its major responsibilities are:

1. Research for the case: Research for a case consists of interviewing clients and other people associated with the legal case, look through the public records, obtain documents that are important for the case, exam the evidence of criminal cases, keep a track of the laws that relate with the specialty and perform inspections.
2. Prepare reports: They prepare reports that include revving and summarizing the documents and the progress on the case to an attorney. They also take care of filing the documents as per the regulations of the government agencies. The paralegal services provider carefully records the entries on the judgment account and also financial analysis.
3. Writing documents: Litigation support service experts help in writing the documents like contract between the clients and businesses, stockholder agreement and release form. They also write letter for other parties, clients and draft motions in case of request for change of venue.
4. Easy managing of case files: It consists of maintaining and creating database of documents that concern activities of businesses and keep a log of documents and projects. They are also supposed to remember the deadline and dates of the cases. Also they need to index the documents and materials required for the court trial.

Top advantages of using litigation support services:

1. Save time: Litigation system helps you save a great deal of time as there are no papers to be managed. This reduces the stress of managing piles of papers. Instead of digging in the files, lawyers can easily check the details on Smartphone, tablets or laptops. All vital documents can be accessed at a touch of finger round the world.
2. Save money: Litigation services help the lawyer increase their productivity as they have time in their hands. The lawyers can retrieve the information on secured web portals at any time and thus save time.
3. Easy data handling: Litigation services help lawyers to keep the documents safe. They help you keep a copy of scanned documents for future time reference. The lawyers are saved from the hassles of maintaining piles of documents.
4. Fasten case proceedings: Litigation services helps promises fast justice to the clients as lawyers are left with time to concentrate on the case and its details and not engage in time consuming work of documentations. This also reduces the scope of errors adding to the productivity.

It is important to look for an experienced and professional litigation support services. Look for them online and before hiring them look out for information on:

1. Total number of industry experience. It is best to seek litigation support services provider that has at least three to five years of experience. But don't be rigid. Some fresh companies have experts hired and well equipped with the technological knowledge.
2. The qualification and experience of the staff matters as in the end they are the ones, who will handling your work.
3. Reviews and testimonials from other legal experts or legal firms. This will help you know their level of services.
4. Privacy policies must be stringent.
5. Cost of the services should not supersede the benefits of outsourcing the paralegal work.

The answers to these questions will help you assess the litigation services provider and make an informed decision.

Find More Information About litigation consulting,visit our website: http://www.capitalnovus.com

Article Source: http://EzineArticles.com/?expert=David_D_Mayfield

When Customer Rights Are Violated and Legal Services Are Required

By Jeff Molenda

In a consumer driven society, customer rights are often abused even in the most common situations ranging from buying a house to applying for a claim on insurance for an accident. It is very difficult to have a clear idea of all the laws and regulations that protect a certain individuals in various circumstances and legal services are the only way to build a strong case before stepping into a court of law.

When a Lawyer Is Needed?

If everyone knew exactly all the laws and regulations that protect their rights there will be ten times more cases reaching a court of law. Many individuals fail even to contact a lawyer due to the lack of confidence that they have a solid case. This is mainly attributed to the lack of knowledge. Very few people have the required education to know when they need to get legal services but the biggest mistake is not seeking aid in the first place.

There isn't a right time to contact a lawyer. Going through a divorce, child custody, insurance claim, and bankruptcy and so on should start with a visit at a legal office. The lawyer will know what needs to be done next and if it is worth to take it to court.

How Important Is the Budget?

The budget can be important in some circumstances. Some cases are easier to win while others require lawyers with proven track records for that specific type of affair. Consulting a lawyer should provide a clear idea if the case would be easy to win. This means that a highly experienced lawyer would not be required and incidentally, costs of legal services do not spike. It is highly important to have a clear picture of how strong the case would stand in a court of law and what type of legal help it would require. Lawyers are similar to doctors as they tend to specialize for a specific type of legal problems so there is no one-size-fits-all solution.

Insurance claims, workmen's compensation, taxation and several other fields are easy to handle and therefore legal aid for such cases are much more affordable.

Keeping a Close Eye on Fees

Even if a lawyer is supposed to protect the interests of its client, abuses can take place. There are smaller or shady firms that hide their fees and commissions or try to take more money out of the pocket of the customer than they should. Before contracting any king of legal services, having a closer look at all the fees is a healthy practice. Even if the client does win, it is not impossible to have such a big legal bill that the customer ends up losing money in the process.

The best way around it is to try to find services that work by the "no win no fee" policy. They tend to claim a fixed percentage out of the total amount won after the trial which also motivates the lawyer to get as much as possible for his client.

In the end, regardless of the case or the nature of the legal problem, the healthiest practice is to sit down and have a talk with a lawyer before contracting anyone. Finding reliable and affordable legal services can be stressful but it can pay off in the end making it worth the effort.

If you need a lawyer in Myanmar visit Interactive Myanmar Lawyer.

Article Source: http://EzineArticles.com/?expert=Jeff_Molenda