How to go about making a PPI claim

February 11th, 2010

We just found a great resource that helps people make ppi claims. People take out ppi insurance in case they have an accident or get sick. People normally take out ppi with mortgages and loans and other financial products. The issue at stake here is that a lof of these plans were incorrectly sold.

Should you be one of those people who took out payment protection you may wish to check if you could reclaim the premiums. This particular firm handles ppi reclaims and does so successfully. We would like you to reclaim as much as possible. Take a look at their eligibility criteria to see if you qualify to make a claim. They charge no upfront fees so there is nothing to lose if your claim is unsuccessful.

Having done some research on this issue, we found that people are claiming back thousands of pounds in compensation. A claims lawyer should have the experience to handle your claim effectively. A claims company will draft a solid complaint on your behalf. This enables you to leave everything in their hands.

If you instruct them to handle your claim let us know how you get on. Their online application form will guide you on whether they can help you with a complaint. A great deal of people are getting compensation payouts right now and you could be one of them.

Tags: ppi claim, ppi claims
Posted in Banking and Investment Law | No Comments »

Legal assistant ends up in a pile of trouble for lawyer impersonation

January 8th, 2010

A legal assistant who is 34 years old was posing as a real lawyer and taking money from people who thought they were paying legal fees to their lawyer. This case comes from Zambia where James Mushanga of 2066/7 Chawawa Compound has been fully indicted on the charges of offence of an unqualified person trying to practice as real legal advocate. Additionally James Mushanga is facing two counts of getting the money from people by misleading and false pretences.

The details of the case come from the facts that Mushanga on certain dates between the August and September of 2007 knowing he is not advocate took a writ of summons by using his signature and undertaking civil proceedings in the high courts of Lusaka.

While posing as a lawyer Mushanga successfully acquired approx. K9.8 million from the cases he handled and claimed the money was going towards the legal services.

Tags: lawyer impersonation, lawyer impersonator, zambia case
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Credit Card Fraud: Who’s Legally Responsible?

December 27th, 2009

Every year, credit card fraud costs the banking, retail, and service industries billions of dollars. In the United States, it is estimated that on average, 7 cents per $100 in transactions is fraudulent. In other countries, that amount is reportedly even higher.

Who Pays For It?
In the United States, federal law dictates that a credit card holder cannot be held responsible for more than $50, regardless of how much is charged. If unauthorized charges occur after you report your card lost or stolen, you are not responsible for any amount.

Although credit card companies can technically hold you liable for the first $50 in disputed charges, they rarely do. Nowadays most banks use “$0 fraud liability” as a marketing strategy. The American Express Platinum card and Centurion black card were some of the first to offer this as a benefit, but now all American Express cards do the same, as well as most other major banks.

Therefore, the financial institutions that issue and underwrite credit cards are almost entirely responsible for the cost of fraud.

Is Identification Required For Purchase?
Although many merchants ask for photo identification when processing a credit card purchase, they are not required to do so. In fact, Visa, MasterCard, American Express, and Discover actually have policies which discourage asking for ID. Instead, they state all that’s needed is the cardholder’s signature. Many favor this practice; claiming it makes transactions easier and faster. Meanwhile, others wish that photo IDs were required, in order to discourage unauthorized credit card usage.

Tags: american express platinum card, credit card fraud
Posted in Banking and Investment Law, Credit Cards | Comments Off

Credit Cards Move Away From Forced Arbitration

December 27th, 2009

Most consumers are unaware of the fact that they’ve given up the right to sue their credit card company. Instead, nearly every credit card agreement imposes forced arbitration in the event a dispute arises.

The financial institutions claim doing so cut costs, but consumer advocacy groups argue that it is unfair to customers. “Customers come to our message board all the time talking about how they are going to sue, but they’re left shell-shocked when they discover the truth” says Jennifer Holter, editor at Credit Card Forum (a message board for credit card reviews).

In what is being hailed as a major win for consumers, a number of banks have dropped their mandatory arbitration clauses during the past few months; Bank of America, Chase, and Capitol One. Although they largely claim the moves are voluntary, in reality it is probably from the pressure of a pending class action lawsuit filed by Philadelphia-based Berger & Montague. The suit alleges that credit card companies unlawfully colluded on arbitration terms. There are still four defendants listed in the lawsuit who have not yet settled; The National Arbitration Forum, Discover Financial Services, Citibank, and HSBC.

It’s important to note the credit card issuers whom have dropped their arbitration clauses may re-impose them in future. Reportedly, Capital One and Bank of America have only agreed to do so for three-and-a-half-years. None of the defendants who have settled admit liability or wrongdoing.

Tags: arbitration, banking law, credit card forum, Credit Cards
Posted in Banking and Investment Law, Credit Cards | Comments Off

Divorce Law and Annulment

December 23rd, 2009

An annulment is different than a divorce in that it legally makes a marriage null and void. An annulled marriage is considered to have never existed. There are two types of annulment, legal annulment and religious annulment.

Legal Annulment

In order to have an annulment, it must be shown that the marriage was never valid to begin with. Some common reasons a marriage can be invalidated are:

• One spouse was under the legal age to get married at the time of the marriage
• One spouse suffers from mental illness, or was under the effects of alcohol or drugs at the time of the marriage
• One spouse was already married to someone else at the time of the marriage
• One spouse withheld important facts, such as a desire not to have children, inability to have children or having a serious illness
• The marriage was never consummated
• The marriage was between two people that are too closely related to be legally married, such as a parent and a child or aunt and a nephew

Religious Annulment

Religious annulments have nothing to do with legal annulments. They are granted by your religious institution, not your state. In some cases people obtain a divorce, and are later granted a religious annulment. Religious annulment requirements vary with each religion.

Differences Between Divorce and Annulment

The process of an annulment is very similar to a divorce. Similar papers must be filed and similar hearings are held. An annulment can usually be finalized much more quickly than a divorce. While annulments usually apply to short marriages, the duration of the marriage is not a factor in determining if an annulment is an option. For example, if two people were married for 30 years, but one of them was married to someone else first, it would qualify for annulment.

Because an annulment essentially means the marriage never existed, unlike with a divorce, there can be no claims for alimony or spousal support. Any children that were conceived during a marriage that was later annulled are considered legitimate children and child support, health care and visitation must still be determined for them. Some states are reluctant to grant an annulment for marriages that had children.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Legal Information: Long Island Divorce Lawyer Elan Wurtzel. Serving clients throughout New York.

Tags: alimony, Divorce Law, legal annulment, long island divorce attorney
Posted in Divorce, Divorce Law, Uncategorized | No Comments »

Medical Malpractice Information

December 23rd, 2009

Hospitals have a responsibility to ensure that any staff they employ are properly vetted. Checks on qualifications ensure that any person dealing with you are trained to specific standards, including ethical requirements. Pharmaceuticals companies have a legal right to divulge any possible side-effects or other warnings on any particular medication to physicians.

If you feel you have possibly been a victim of medical malpractice it is usually in your best interests to hire a lawyer who specializes in medical malpractice. Most people and agencies involved in medicine have highly trained lawyers at their disposal who know all the ins and outs of this specialized field.

Many people who try to sue for medical malpractice find themselves faced with scenarios such as the following:

• The patient caused their own harm
• The patient signed an informed consent form and so assumed the risk
• The patient failed to disclose information that may have led to a different diagnoses or treatment.
• The patient failed to mitigate or made their own condition worse
• The patient’s condition was not made worse

The truth is that entering into a medical malpractice suit can be costly and stressful. If you feel you have a valid case it is important to have good backing from lawyers who fully understand the legalities and processes involved. This could well make the difference between you winning a case you know you should or losing.

This article is not intended as legal advice.

Legal Source: Medical Malpractice Lawyers The Barber Law Firm. Serving in Dallas, Texas.

Tags: medical malpractice lawyer, victim of medical malpractice
Posted in Injury, Medical Malpractice, Uncategorized | No Comments »

Determining Liability in Slip and Fall Accidents

December 23rd, 2009

How to Determine Liability

Not all slip and fall accidents are the fault of the property owner. Sometimes, a victim is merely clumsy or careless, and the injuries are his own responsibility. Determining liability in a slip and fall accident is not always east to do, which is why it is good to hire a personal injury attorney to help you with your case. Some factors to be considered include:

· If the owner of the property created the hazardous area that caused the fall

· If the owner know the danger and did nothing to repair it

· If the hazardous area was a result of negligence on the part of the owner (in other words, the owner was not paying enough attention to his property to know a danger existed)

When the cause of the slip and fall accident can be traced back to the property owner, the victim may be entitled to a number of benefits. The responsible party may have to pay medical bills, rehabilitation costs and even make up lost wages. If you have been injured in a slip and fall accident, seek medical attention first. Then, contact a personal injury attorney who can assess liability for the accident and get you necessary compensation for your injuries if it is warranted.

This article should not be misconstrued as legal advice.

Additional Website: The Florida Law Offices of Gary R. Jodat. Serving in Bradenton and Sarasota, FL.

Tags: florida personal injury attorney, premise liability, slip and fall accident
Posted in Legal Liability | No Comments »

Clinics starting to help people to be represented in the court

December 14th, 2009

Zina Butler is one of those people who did not know where to go when some of the county housing officers together with the sheriff and landlord came to her small and subsidized apartment approx. 2 years ago without providing and kind of advance notice.

Butler who is 46 said that she wanted to file lawsuit in which as she explained her Fourth Amendment right was violated. This Fourth Amendment right was supposed to prevent anyone from conducting illegal and not authorized searches and seizures.

However she was unable to find an appropriate attorney and was pretty scared of going through the legal system on her own. She then found a clinic located at the federal courthouse in the district of L.A which was providing assistance to the people who wanted to self represent themselves in the court. This was a blessing from the God, Butler indicated. If there was no clinics like these, people would just run over you, Butler added.

Tags: clinics to represent people in court, self represent in court, zina butler, zina butler case
Posted in Latest Legal News, Legal News | No Comments »

Tiger Woods entagled in a wave of legal troubles

December 13th, 2009

Tiger Woods the famous golf player could possibly face big prostitution charges if he was involved with paying for sex in the city of New York. This was mentioned by one attorney source.

It was mentioned to the New York post that the golf billionaire has given more then 60,000 dollars to escort services between the years of 2006 and 2007. Michelle Braun sent the information to the New York post.

Tom Kenniff who is attorney based out of New York has stated that the golfer could get himself into serious legal trouble if what madame Braun has stated was true. This could result in Woods spending up to a year in jail if he was to be convicted.

Tags: prostitution, tiger woods, tiger woods legal trouble, tiger woods news
Posted in Latest Legal News | No Comments »

Mesothelioma Death Spurs $50,000 Asbestos Cleanup

December 11th, 2009

Countless lawsuits have been filed against companies who failed or neglected to implement safety measures for the safety of their workers. Many have been compensated since the first lawsuit against asbestos in 1929. A precedent has been set, so now anyone who unwittingly acquires asbestos diseases can get compensation for their hardship.

Recently a civic center building in Potsdam, New York spent $50,000 to clear it of asbestos. This was done after a long time courtroom employee Sharon LaDuke died of Mesothelioma earlier this year.

Getting Compensated for Cancer

If you win the case over your employer for Mesothelioma related cases you will be compensated. Some of the compensations you may receive include:

• Cost of past and future medical expenses
• The cost of necessary rehabilitation
• Lost past and future wages
• Lost earning capacity
• Lost quality of life
• Emotional distress
• Punitive damages
• Past and future pain and suffering

Doing Their Part

The officials in Potsdam may have done their part in clearing their courts of asbestos. However, the death of an employee may have been prevented if this was done earlier. The LaDukes are now suing the town for failing to implement a safe working environment.

They may have a long way to go but a good lawyer will surely help them a lot. They need to prove that the former Ms. LaDuke acquired Mesothelioma by unknowingly inhaling asbestos in the civic center where she works.

Justice Delayed is Justice Denied

You don’t want to wait before is too late before you act. Though we now live in an advanced era there is still no sure cure for cancer. You only have a few years to live if you are diagnosed with Mesothelioma. The next thing that you may want to do is to get justice and prevent this from happening to others.

Companies invest to secure their assets - they will usually have good lawyers to back them up. Make sure you have a lawyer good enough to defend you or the giant corporation’s top notch lawyers might just smack junk papers and documents on your lawyer’s face.

Tags: asbestos cleanup, asbestos diseases, mesothelioma, ny
Posted in Mesothelioma | No Comments »

Safety Measures Failed - Mesothelioma Resulted

December 10th, 2009

Safety measures insure the security and safety of workers. For some companies, neglecting a safety measure or policy will either increase productivity or lower the cost of labor and operations. This can be true but it comes with a consequence.

Some companies invest a fortune to provide a high standard working environment to their employees, but not all. Having a safe, fun and beautiful working space can increase the productivity and boost your employee’s morale. A company will usually in turn get better and faster results.

A Dream Job

We all have a dream job - it could be astronaut, police officer, firefighter, lawyer writer or probably an actor. But what makes that your dream job? Some may answer “because I get to earn lots of money”. If you see Google’s office in Mountain California you would want to work in that place - it looks like you could make a lot of money working there, right?

That Google office has all sorts of employee amenities to make their office a very pleasant place to work. Try searching “GOOGLE: The Best Place to Work in the World” in YouTube so that you will have an idea of what I mean.

No Choice

Not everyone has the luxury to choose where they will end up working. Some have to take their chances in a place near their residence or a dirty job that pays well above an office job. They may not have a luxurious office but they get to have a higher wage.

Their companies may diligently provide them with enough security to maintain a safe working environment. A worker in a factory, for example, needs good ventilation to avoid acquiring diseases from inhaling fumes, chemicals or even fibers that can cause a serious health condition - like Mesothelioma.

A Precious Mineral

Asbestos is almost every time the cause of Mesothelioma. Workers can be safe from asbestos if they have good ventilation or a breathing apparatus. A construction worker for example can unwittingly inhale asbestos if a mask is not readily available or if nothing was issued to them.

In this scenario the contractor or company can be liable. They failed to implement the safety measures mandated by the government. If their workers are continuously exposed to asbestos for years they will develop asbestos related diseases like Mesothelioma.

Once you are diagnosed to have Mesothelioma you may be compensated by your previous employer. All you need to do is to prove that you acquired it while you where doing your daily routine job.

Tags: asbestos, asbestos diseases, mesothelioma
Posted in Mesothelioma | No Comments »

Attorneys providing free wills to the police, fire fighters and EMTs

December 9th, 2009

Lawyers based in Wisconsin are starting to provide free estate planning for the people who serve in police, fire fighting and other emergency response teams. This is all part of their national “Wills for Heroes” program to which the State Bar Association just joined.

The program offers legal help in the writing legal living wills as well as offering services in the area of power-of-attorney privileges for the persons health and financial related matters.

The actual foundation called “Wills for Heroes Foundation” has initiated or started the official national based program after the terrorist attacks that occured on September 11 ‘th in 2001. The program sounds like a great initiative that will help those in the need that are fighting every day in the front lines.

Tags: free wills, legal wills, power of attorney, Wills for Heroes
Posted in Wills, legal wills | No Comments »

Kenyan based courts fighting to shutdown Somali pirates

December 9th, 2009

New revelations are starting to unravel in the Kenyan courtrooms as the nine young men are being trialed. The lawyers representing both the defence and prosecution were sending legalistic blows to each other while the translator was busy changing each sentence from English to Somali and vice versa.

When the pirates are finally captured by the international warships that are in the vicinity of the Gulf of Aden and sea off the coast of Somalia then they are brought to the city of Mombasa and there they are tried in the Kenyan courts.

According to the latest court hearings, it has been revealed and proven that it is very difficult to prosecute the gangs enagaged in the acts of piracy. The main problem with securing any form of legal conviction lies in the lack of evidence in catching the pirates in their act.

Wanini Kireri who is the main officer in charge called upon the pirates as “blessing in disguise”, because according to the various sources Kenya has a deal where the judiciary and prison based system is getting upgrade. According to these sources about US $7 million in additional funding is being provided to fully support the prosecutions of pirates in Kenya courts.

Tags: kenya courts, kenya fights pirates, kenya pirates and courts, pirates, somali pirates
Posted in Criminal, Criminal News | No Comments »

Mesothelioma: A Cancer Decades in the Making

December 9th, 2009

We might have all heard of the saying “the world is a dangerous place to live”. True testaments to this saying are thousands of health related problems caused by asbestos or asbestos products. The government is aware of this. Due to the usefulness of asbestos and its bi-products they can only regulate the use of asbestos.

Asbestos has been around for centuries; it has been revolutionizing our world in making it a better place. But this same mineral is also making our world a dangerous place to live in, if you don’t know what you are up against.

Serious Health Related Problems

Exposure to asbestos has many risks. It can cause asbestosis, tumors, asbestos warts, pleural plaques and mesothelioma. Mesothelioma is a cancer that is caused by exposure to high concentrations of asbestos.

Mesothelioma may take 20 to 50 years before its symptoms are seen. One will experience shortness of breathing, cough, weight loss, abdominal swelling, anemia, blood clotting abnormalities, fever, yellowing of the eyes and skin, chest pain and many more.

Confirming a Diagnosis is Almost Impossible

Diagnosing mesothelioma is very difficult since the symptoms are similar to other conditions, and it may take 20 to 50 years before the symptoms come out. Your doctor may not ask questions that will date back 20 years ago but previous exposure to asbestos will increase your doctor’s suspicion of a possible mesothelioma.

A biopsy is required to confirm a diagnosis of mesothelioma. A doctor will take a sample of your tissue and a Pathologist will examine it under a microscope. The tissue will be taken depending on where the abnormality is located. The tissue can be taken from your chest between your ribs or your abdominal cavity.

Seeking Professional Help

Your employer or a family member’s employer can be liable since mesothelioma can be acquired if you have constant contact with someone who has a direct exposure to asbestos. Once you are diagnosed with mesothelioma you only have a few days to get justice since it may take 50 years for just the symptoms to come out.

There are certain regulations and laws that companies are required to follow. If you were diagnosed and confirmed to have mesothelioma you may qualify for compensation. It will be very difficult since you have to prove that you acquired it in a specific location. However, there are professionals who specialize in these kinds of cases that can help quickly before it is too late.

Tags: asbestos, mesothelioma
Posted in Mesothelioma | No Comments »

U.S. Government: A Strong Economy Requires Effective Security Measures

December 8th, 2009

Sometimes a severe catastrophe has to happen before authorities and leaders realize that something has to change. The U.S. government now realizes safeguarding the nation cannot be taken for granted - it is a pre-requisite for a strong economy.

After 9/11 stiffer and more daring banking laws and regulations have been imposed. Most are designed to monitor transactions and alert the government of financial transactions which may be related to, or intended for, terroristic activities.

One such act, The Money Laundering Act, came in to prominence only after the September 11 terrorist attack. This banking Law requires financial institutions to identify and report transactions of suspicious nature to the financial intelligence unit.

Perspectives Vary by Country

The financial institutions protect the privacy of their customers but they are also required to file a Suspicious Activity Report (SAR). A SAR alerts a US agency called Financial Crimes Enforcement Network (FinCEN) of possible terrorist funding or other unlawfully related financial transaction.

Some other countries impose a different approach; in the US a bank deposit of $10,000 will require a bank to file a Currency Transaction Report (CTR). Some European nations will file a CTR for deposits of EUR 15,000 and above. A bank in the US can file a SAR if they suspect possible money laundering but in Switzerland they can only file a SAR if it was already proven.

A Suspicious Bank Account

A SAR is only required if an account is suspected to fund any unlawful activity. A CTR on the other hand is required for all bank transactions involving $10,000 and above. Even if a regular bank customer withdraws $10,000, a CTR has to be filed for this. However, if a customer deposits several hundred thousand dollars, then withdraws and deposits thousands of dollars regularly, a SAR has to be filed.

This banking law may turn off customers from using bank services - which, in turn, may lead to fewer bank deposits. Banks will then have less money to fund loans.

Nevertheless, these regulations can prevent catastrophic events from happening again. Consumer confidence has dwindled and the stock market suffered from the 9/11 attack. No one with rational and normal thinking would want that to happen again.

Let us not wait for something that big and devastating to happen before taking the steps necessary to protect ourselves. Changes have to be made for the greater good. Security is truly an investment for a strong and stable economy.

Tags: bank regulations, banking law, national security
Posted in Banking and Investment Law | No Comments »

The Importance of Asset Protection During a Recession

December 7th, 2009

In times of recession, where a chain reaction of bankruptcy filings is imminent, it is very wise to have a form of asset protection. Asset protection is the process of protecting a personal or business property from risks such as bankruptcy, law suits, divorce settlements, and claims. It is sometimes referred to as the debtor-creditor law.

Countless law suits ranging from malpractice to negligence can cause a severe financial instability to a person or a company. If an entity or a person looses from a lawsuit could lose their life savings or even their entire fortune.

Even giant corporations and conglomerates are not exempted from the perils of bankruptcy. More often than not they are the first to go down in times of financial crisis and recession. Only those who are wise enough to safeguard their wealth are left standing after a heavy financial blow.

Asset Protection Does Work

For example, let’s say a doctor is involved in a medical malpractice lawsuit. However, if all his assets or majority of it is protected, let’s say via an integrated estate planning trust (IEPT) his counsel can inform his plaintiff’s counsel that the defendant’s assets are protected. Once the plaintiff’s counsel confirms this a settlement in favor of the doctor will follow.

Asset protection can be considered as a form of insurance from a serious law suit or claim. Realtors earn a vast amount of wealth from selling real estate property. They can go from riches to ruins if they are over confident. Putting your wealth in a savings account or investing it in real estate or stocks are good options. Just don’t forget to have a contingency plan such as an asset protection plan.

Land of the Free

Freedom has given us so much that it can be exploited to attack an individual or a company. If these defendants’ assets are left unprotected they can kiss their hard earned fortune goodbye. A lot of things are taken for granted but there are things or events that can happen unexpectedly and all of us know this. Question is when, and are you prepared for it?

America is a free country anyone can file a legal claim or lawsuit against anybody. Realtors, actors, authors, employees, employers, ordinary citizens - are all vulnerable from lawsuits or and if you are a big-time businessman you may want to consider asset protection in your priority list.

Tags: Asset Protection, creditor-debtor law
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Asbestos: The Miracle Mineral and Its effects on Us

December 6th, 2009

The world as we know it would be very different if asbestos was never discovered. It has revolutionized so many industries and products - including brakes and clutches in cars, firemen uniforms, vinyl flooring, wall insulation, and many other materials used in constructing homes and commercial buildings. Anything that needs insulation from heat, electricity, or chemical corrosion is benefited by the discovery of asbestos - but at what cost?

Origins and History of Asbestos

Asbestos is a Greek term which means “lime”. It is a very fibrous mineral that is mined in rocks - lime to be exact, as you might imagine. Some of the most common types of asbestos are Chrysotile (white asbestos), Amosite (brown asbestos), and Crocidolite (blue asbestos).

The first accounts of asbestos date back to the first century AD, including Marco Polo’s journals of miraculous clothes in China which were cleaned by being exposed to fire. Even then there were records that asbestos caused breathing problems for the slaves who wove these garments.

In the early 1970’s a court document proved that the asbestos industry officials have known asbestos can cause harmful effects to humans since early 1930’s but they concealed it from the public.

Cause and Effect of Asbestos Diseases

Asbestos fibers are so small that inhaling it repetitively over a long period of time can cause breathing problems and even cancer. These fibers can be so small that our body can’t release it naturally after we have inhaled or swallowed it, causing any number of asbestos diseases.

Some of the asbestos diseases which can be acquired from exposure or poisoning are asbestosis, Mesothelioma, Asbestos Warts, pleural Plaques, and diffuse pleural thickening. Asbestos poisoning can is very hard to detect as it’s symptoms and damage can take up to 20 to 40 years before it reeks havoc on our bodies.

Some countries have completely banned the use of materials containing asbestos. The U.S., on the other hand, has only regulated it depending on the volume of fibers present in the material. Although asbestos has been proven to be very harmful to humans and the government imposes a serious penalty to companies for infractions, they still continue to produce and use it - and sometimes abuse it. As long as there is a demand for asbestos there will always be a producer.

Anyone who has been diagnosed with an asbestos related disease is eligible for compensation by companies, manufacturer’s contractors or distributors. However, getting that compensation is often a difficult and complicated process. Without a lawyer, you may not get the compensation you deserve.

Tags: asbestos, asbestos diseases, asbestos diseases law
Posted in asbestos diseases | No Comments »

NY Throwing Homeowners a Line - of Communication

December 5th, 2009

Even “the best laid plans of mice and men gang aft agley.” You’re probably already quite aware of the recent foreclosure run in the US, but what may surprise many consumers is the trouble has now spread beyond sub-prime loans. In the third quarter, 1 in 10 home owners were late making their payments nationwide. That is quite a number to swallow.

Fortunately, New York is fighting alongside consumers in the battle to keep their homes. Recent New York legislation, taking effect January 2010 will extend aid to all home owners facing foreclosure instead of just sub-prime borrowers. Now if only they could get that stigma out of home owners’ minds about arbitration and mediation.

New York Leading Battle to Keep Homes Out of Foreclosure

More than one fourth of the consumers who go through New York’s mediation program for homeowners facing foreclosure get to keep their homes. Unfortunately, more than one third don’t even attend the meetings.

For all of New York’s good intentions, nobody is taking them up on the offer. Of course, that isn’t for a lack of want or need. Rather, home owners are afraid. They see the letter from the New York court system and don’t even open it - they know their home will soon enter foreclosure, but they don’t know the court is actually looking to help the consumer keep their home.

Most show up with their keys in hand, ready to give up the house, until a secretary explains what is going on. Almost everyone shows up in tears, sure their home is gone for good. What they don’t realize is they have been given the second chance provided by New York state law.

Lenders are required to provide 90-days notice prior to foreclosure and go through a mediation process with the borrower. For now this law only applies to sub-prime borrowers, but in the beginning of next year all borrowers facing foreclosure can have the same benefits.

Nevertheless, the court system is still fighting the consumer stigma which plagues their efforts. They have revised the invitation letter five times in an attempt to help home owners understand what they are doing, and have considered using a different mailing address to encourage home owners to at least open the letter. For now, all we can do is spread the word and hope home owners realize they have just been handed an opportunity of a lifetime.

Tags: foreclosure, mediation, ny
Posted in Arbitration and Mediation | No Comments »

Appeals Making Headlines: Who Are the Real Animals?

December 4th, 2009

Polar bears lose the fight against big oil, and a ponzi schemer plans to leave retirees and non-profits holding a $3.65 billion heavy bag. On the one hand, we have man vs. nature - on the other, man vs. man. However, in the opinion of more than a few, both appeals come down to the same basic motivator; greed. Although judges are impartial of such things, the law seems all too often blind to it as well.

Polar Bears vs. Big Oil

Two environment groups argue just because a polar bear has not died due to “industrial activity” since 1993, that doesn’t mean the new regulations will continue to prevent any lethal or otherwise harmful threat to the already threatened polar bear. The Center for Biological Diversity and Pacific Environment were recently rejected by the 9th US District Court of Appeals, upholding the lesser court ruling against the two environmental groups.

The Center for Biological Diversity and Pacific Environment appeal that the US Fish and Wildlife Service may have accidentally placed the polar bear in danger when they recently passed new regulations for the oil industry. The appeals court rejected the appeal because “past interaction between the polar bears and the oil industry has been minimal.”

I suppose even when you draw out the big guns, greed still wins. What hope is left for our natural habitats when even large environmental groups - the individual environmentalist’s “big guys in their corner” - are not allowed to speak on their behalf?

Petters and Attorneys Plan to Appeal $3.65 Billion Ponzi Conviction

Even with all of Tom Petters’s assets seized - and almost all liquidated - except “the three suits he wore during the trial”, only 1/15th of the $3.65 billion he schemed out of businessmen and consumers has been recovered. Some of these assets include a Florida beach home, a condo in Colorado, and a Minnesota lake home on sale at a steal of a price - just $6.25 million.

Where did he get all the money to buy so many multi-million dollar homes? Well, the Zimmerman Reed law firm is representing “several dozen” individuals, and two businesses went belly up after they lost a few million as well.

Petters claims he was duped by a co-conspirator - Larry Reynolds, a former Boston felon who was placed in witness protection for cooperating in a 1980’s mob case - to find investors who would fund loans on non-existent merchandise. Investors believed the scheme for some time since early investors were paid with the later investors’ funds.

Tags: appeals, appeals attorneys, Center for Biological Diversity, Pacific Environment, ponzi, Tom Petters
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How to File an Appeal

December 2nd, 2009

If you are thinking that you do not need the services of appeals attorneys then you better think twice. You may have never been in courtroom trials personally but you probably have seen scenes involving courtroom trials in movies and television.

The appellate process is one of the most important element of the judicial system. If you want to fully understand your rights within the judicial system then it is important that you do understand the appellate process and no one can help you better in this endeavor than working with appeals attorneys.

You should know that before an appeal is filed from a criminal or civil case, the trial level court should have its final judgement already. When it is a criminal case, the final judgement comes in the form of the sentence order given by the court. If it is a civil case, the final judgement is considered to come in the form of the disposal of all issues of the parties and the dismissal of the case itself.

If the final judgement has been issued by the court, the next step that you should do is to look for appeals attorneys that can help you and file a Notice of Appeal. The Notice of Appeal is filed with the trial court and the other parties involved in the case. Take note that it is important that the Notice of Appeal should be filed in a timely manner. Appeals attorneys are aware that each state has a specified time frame in which the Notice of Appeal must be filed. If you fail to do the filing in the said time frame then you will be barred forever from raising an appeal on the case. Aside from that, if the Notice of Appeal is not filed in the manner that is prescribed by the law then the appelate court will bot have jurisdiction over the case.

Given the importance and specific process of filing an appeal, you will definitely be undergoing a lot of stress and effort if you push on without the aid of an attorney. Appeals attorneys can make everything easier for you and will give you a higher success rate giving you a better chance to get to appeal to the case.

If the Notice of Appeal is already filed then your case will move on to the appelate court itself. The appelate court will then schedule a time line for the filing of the documents and materials needed in that court. This will include the appelate brief that is filed by the person lodging the appeal in the first instance. After complying, you should now be ready with your case.

Tags: appeals, appeals attorneys, attorneys
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Hiring Adoption Attorneys

December 1st, 2009

If you intend to adopt a child whether he or she may be coming from in or out of the country, it is best that you get the services of adoption attorneys. Without their participation you will only have a hard time processing the papers and finalizing the adoption. Aside from that it would be much easier to employ the services of a lawyer who is familiar with the whole process so that there will be less mistakes incurred.

You may find that adoption agencies and even non profit adoption organizations usually have their own adoption attorneys working with them and they can help you adopt a child in an easier and faster way.

Aside from that you should also consider the fact that adoption laws and legal requirements vary from one country to another. These attorneys are familiar with the laws and requirements nationally and internationally as well. There are things that would definitely need the help of someone that has legal training throughout the adoption process and going through it all by yourself can be very stressful in your part.

The process of adoption can also be very emotional. The presence of adoption attorneys backing you up will help give you a sense of calm and security throughout the whole process.

Given the many benefits that they can give you, it is important that you get to work with the best adoption attorneys to guide you as you enter a new chapter in your life. Here are some pointers that you can use when it comes to choosing the best adoption attorney that you can work with:
• Make sure that you get referrals from other professionals, friends and family members. You can also approach people you knew have adopted before and ask if there is someone that they can recommend to help you out.

• Make a list of the best adoption attorneys or agencies in your area that meets your needs and your budget. Make sure that you ask about adoptive parent requirements and up-front fees.

• Verify their license by calling your state adoption agency licensing specialists. Make sure that the license is still active and that there have been no complaints filed against them.

• You should also do a background check with the Better Business Bureau or your state Attorney General’s office. Do not work with agencies or adoption attorneys that you have not investigated yourself.

In the end, it is recommended that you keep at least two things in mind when you choose your adoption attorney. First is that you are the client and it is important that the attorney of your choice makes your comfort and security a priority. And second, it is always best to trust your instincts. If you feel that something does not feel right then it is best that you look for someone else.

Tags: adoption, adoption attorneys, attorneys
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The importance of Accident Attorneys in Society

November 30th, 2009

A lot of people would wonder why they need accident attorneys. It is no hidden fact that accidents happen everywhere at anytime. Accidents are a harsh reality that some of us have to face and in the event that this happens to you it would help significantly if you have the right tools to deal with the problem at hand.

Road accidents involving cars, motorbikes and trucks are very common these days and when you are involved in such incidents, the services of accident attorneys can help you get out of the mess and they can help you get the compensation that you deserve.

Skilled accident attorneys can play a major role when it comes to preceding your case. They will collect all the evidences needed to support your claim and this will be done in a timely manner as well. This is important since most states have a specific time period in which you must file your claim in court.

The initial evaluation of a case before the filing happens in court is very important and accident attorneys can help you significantly in the whole process. Experienced accident attorneys are able to provide you the best evaluation and with the knowledge that they have, you will surely be advised accordingly.

Accident attorneys will help prepare the case in a professional manner. The main benefit you get when you hire the services of accident attorneys is that you have someone to work on the loose ends of your case and compile the evidences for you. Without this preparation that accident attorneys can do for you, you can lose out a lot of money and may miss out on the compensation that you should be getting.

If you have been injured in the accident then accident attorneys can help you get closure. Accident attorneys have the goal of ending their cases successfully so that you can get the maximum compensation for the injuries that you have obtained.

There are a lot of accident attorneys around. Before you decide to pick one consider the following: make sure that you get the case histories of these accident attorneys and that you get to discuss your case and the chance of success that you have with each of your options. Make sure to clear out if there are any additional fees that you have to pay in case there will be any complications in your case. Take note that accident attorneys charge by the hour or by the case and sometimes they also charge on the percentage of success.

Tags: accident, accident attorneys, attorneys
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Agricutural Law Headlines: Debts, Quarantine Breakers, and Obama Anticompetition Workshops

November 26th, 2009

Making headlines these week in agricultural law - a produce company closes in Philadelphia with nearly half a million in debt; canker-infected trees almost make it out of a quarantined area of Florida; and Obama to focus on anticompetition activities in early 2010 workshops.

M&C of Philadelphia Closes Owing Six Figures

As of November 13, M&C had 6 pending Perishable Agricultural Commodities Act complaints for its nearly half a million owed to growers, shippers and distributors after closing its doors on November 2nd. The complaints are still in their very early stages, but the proprietors show little sign of cooperation - although they did agree to allow suppliers’ lawyers to review the books and figure out what happened.

Canker-Infected Orange Trees Make For the Fence

The Florida Department of Agriculture and Consumer Services arrested two nursery owners after they transported more than 500 canker-infected orange trees outside of a quarantined area. They are charged with knowingly trying to sell infected plants. Mike Sparks, executive vice president and chief executive officer of Lakeland-based Florida Citrus Mutual said “With our certified nurseries and certified stock, we have a very aggressive statutory-mandated compliance procedure. It is a direct violation of existing rules and protocols. When we get a USDA or state fresh fruit rule, how do we justify the protocols with our brothers in California and Texas? You just can’t let such incidents like this one happen.”

Obama Focusing on Anticompetition in Agriculture

The Antitrust Division of the Department of Justice and the U.S. Department of Agriculture have announced a series of workshops scheduled to begin in early 2010 regarding the mechanics of competition in agricultural markets, including buyer power and vertical integration. Some workshops are expected to be in Washington DC, with others in areas closer to where production begins.

Tags: anticompetition, antitrust, canker, debt, Obama, produce, quarantine
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Adoption Facing Major Reform Worldwide

November 25th, 2009

Adoption reform around the world is making headlines in the wake of Senator Jay Rockefeller’s spotlight on National Adoption Day, November 21st. A gay couple hopes to effectively repeal the Florida law banning gay adoption once and for all, DC seeks to extend subsidies for adoptive parents, and Korea is looking to change the way the world looks at their children - from the inside out.

On The Verge of Gay Adoption in Florida

The 32-year-old Florida law banning gay adoption has finally taken a significant hit in its 14 year battle. Martin Gill, a South Florida gay man was granted his request to adopt two half-brothers he has fostered the last 4 years by a trial court judge. The ruling is being appealed, but the trial judge determined the law to be unconstitutional. Previous cases including Cox vs. HRS (1995), Lofton vs. DCF (2004), and Smith vs. DCF (2008) have resulted in either little impact on the law, or were denied due to inconclusive data regarding the welfare of children raised in homosexual households.

DC Considers Subsidy Extension

A bill is in the works to extend subsidies to adopting parents until the adopted children are 21 - instead of 18 years as the current law provides. As it stands foster care parents receive subsidies until the foster children are 21. Some say this discourages adoption, and this opinion has spurred research into the financial implications of extending the subsidy. Chief Financial Officer Natwar M. Gandhi issued a financial impact statement this week detailing a pleasant surprise - the $4 million in savings over the first four years could easily offset the $500,000 investment to reprogram information technology systems.

Korea Cleaning Up Adoption Processes

Law firm Gong-Gam and Representative Choi Young-hee have joined together in an effort to reform the Special Law Relating to the Promotion and Procedure of adoption. At present, only 2.7% of Korean adoptees find their birth parents because their records have been manipulated. Some adoptions take place without the parents’ consent, with adoption agencies the prime suspect of record manipulation - or worse. An entire generation of adoptees have returned to Korea to join in the battle for better practices. The National Assembly is considering changes through a series of hearings. Lawmaker Choi commented that Korea “still has a stigma attached to it as one of the major exporters of children.”

Tags: Adoption Law, adoption subsidy, Florida, gay adoption, international adoptions, Korea, Washington DC
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SSDI Benefits a Fight to the Death in Delaware

November 24th, 2009

Understaffed administrative agencies and increased demand for government welfare programs have left some without benefits too long - and unarguably so.  Delaware resident Gerald Coulbourne fought for 10 years to regain his disability benefits. In a way, you could say he won, but it was four months too late.

Mr. Coulbourne went on disability in 1983 for a long-standing and severe mental disorder along with alcoholism. In 1997 he lost that monthly paycheck due to a new federal law restricting benefits to those whose alcohol use contributed to their condition. Coulbourne was a natural suspect given his record, but his doctors repeatedly insisted that his condition was not related to the alcoholism. A judge finally agreed with Coulbourne and his doctors in 2006, but Coulbourne had already passed.

We Have a Problem Houst- I Mean DC

Over the last year it has taken an average of 491 days to process social security benefits claims nationwide. That’s more than a year - almost two years, in fact. Can you imagine waiting nearly two years to pay rent? To eat? To pay bills? For too many Americans, this is an all too familiar reality - 722,000 Americans, to be exact. That is how many people are currently waiting for hearings with administrative law judges as of the end of September.

Delaware seems to have this case load thing under control - their processing time is more than 100 days shorter than national average. However, they also have the highest decline rate, and some of the most desperate cases.

Lenay Harrison has struggled with obesity, hypertension, asthma, carpal tunnel syndrome, immobility, sleep apnea, and tendinitis since three football-size tumors were removed from her stomach back in 1993. She used to weigh around 100 pounds - but now she lugs that around in the oxygen tank alone, which is tethered to her at all times.

Myrna Gonzalez only just recently won a 6 year battle with social security disability. She now walks with a cane after moving furniture between classrooms due to knotted shoulder muscles, osteoporosis, headaches, and slipped discs. Edna Jopson was diagnosed with fibromyalgia in 2001, and she still awaits the results of her third appeal.

There seems to be a never-ending stream of these stories coming from Delaware - and the Social Security Administration will not release status updates on the 1,300 judges with Unfair Treatment Complaints, even with the Freedom of Information Act backing up the request. The SSA claims it would violate the judges’ privacy.

The price of efficiency seems to be human lives - and the path of this efficiency is littered with mistakes. In many of the claimants cases which were eventually granted SSDI benefits, it was found that a judge made a grievous mistake - such as selective reading, playing favorites with Social Security-hired doctors instead of the doctors which have been treating the clients for years, and even deciding that if the claimant can sit through an hour-long hearing, they must be lying about their pain.

Tags: Administrative Law, Delaware, ssdi
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NY Pedicabs Footing The Bill - Now Licensed and Insured

November 23rd, 2009

Born in 1995, pedicabs provided a way for New York City residents and visitors to get around without all the smog and road rage of your typical motor-powered modes of transport. It was a win-win situation - green transportation for the riders, and for the peddler a handsome $1,000 paycheck. Not to mention a pair of lean legs without ever stepping foot in a gym.

Over the weekend more than 800 New York City pedicabs made the move from their bohemian, rag-tag roots and became a part of the newly regulated “official” industry of pedicabbing. Although for now just in paper, pedicab drivers and pedicab business owners alike hope the new regulations provide for a bit of respect - but are concerned law enforcement may take it too far.

The Journey to Regulation

Pedicab owners were originally the ones to push for regulation, concerned about the lack of safety standards. The unfriendly meeting of a taxi and pedicab at the foot of the Williamsburg Bridge in Brooklyn this past June only put a new spark to the fire, which had grown cold after the mayoral veto back in 2007.

Under the new citywide laws, pedicabs must be licensed, insured, and inspected. Basic safety equipment must be present and functioning on the tricycle, including headlights, seat belts, and hydraulic breaks. Outside of physical safety, lawmakers had the safety of pocketbooks in mind too - pricing must be conspicuously displayed as well.

George Bliss, a 56 years-young first string pedicab entrepreneur mentions one upside to the new regulation - for riders, at least. Since pedicab drivers must be insured now, that means if they happen to kiss and make friends with another taxi and you get hurt, your expenses are covered - not like in the old days, as Bliss says: “The attitude was, ‘Go ahead and sue me, I don’t have any assets.’”

High Hopes and Concerns After Regulation

Most pedicab drivers and owners seem to agree the new regulation will bring some respect to the industry - or at least, so they hope. “They’re going to have to respect us,” says pedicab driver Ricardo Hernandez. “We’re not anonymous anymore.”

On the other side of the coin, some are concerned the new regulations may open the door for lawmakers to restrict their business and cut into profits. It is rumored the city will ban pedicabs from Midtown, which will cut into profits significantly. They also fear the long arm of the law taking their right to enforce a bit too far.

Pedicab driver Bernard Treanor saw some of the fallout after regulations were passed. “It was like the opening sequence of ‘Starsky & Hutch’. They were pulling up, lights were going off, they were jumping out, guys were getting grabbed, bikes were getting thrown on trucks.”

As commissioner of consumer affairs, Jonathan Mintz said: “This industry is taking a journey toward professionalizing itself. It’s going to be a long journey.”

Tags: accident law, Injury, liability insurance, motor vehicles, nyc, pedicabs
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Legal dealings with accidents

November 23rd, 2009

Now days motorcyclists are faced with the immense challenge of sharing major as well as minor roadways with other vehicles. Aside from this, these roadways can also be life threatening considering how particularly busy and extremely ever-changing major city roadways scene has come out to be.

Given the countless traffic troubles, assortment of vehicles zooming to and fro the roadways, most motorcyclists are indeed faced almost constantly with life threatening situations. It also cannot be helped that not all motorists driving in these roadways are experts or experienced for that matter. An unguarded motorcyclist is particularly vulnerable in this fast paced plane and it is most likely that vehicular accidents will take place.

Usually, accidents are on a case to case basis. Thus it might be crucial to get some expert witnesses involve when the case is being formed. In order to figure out the precise cause of the accident, it is recommended to consult experts in crash reconstruction or motorcycle mechanics.

These people can help in the case and actually pinpoint the potential cause. Given that a person claims a negligent action with an accident attorney, victims might not be able to recover as much damages. The doctrine of comparative negligence will most probably lessen or perhaps restrict the financial recovery fees given that any of the party was found to be partially at fault for their own injuries received.

States that are implementing “pure” comparative negligence rule, consider that all injured parties whose negligence is not completely considered as the primary and only cause of the accident are entitled to recover a certain amount that is also deducted by the individual’s proportionate share of fault. On the other hand, states that are implementing “equal to or greater than” rule of comparative negligence denote that the fault of the injured party cannot be considered as a bar to recovery of fees given that the person’s negligence is not equivalent to the negligence attributed to the defendant, therefore there is a reduction in damages in proportion to person’s degree of fault.

Thus in this kind of situations, it is important to find the rightful attorney that can help with the legal proceedings of such. There are countless attorney directories that people can use particularly if they need legal counseling. It is also important to make sure the lawyer is unbiased and cannot be swayed by any means. There are several reputable providers of legal assistance and it will do well to check out this organizations/institutions.

Tags: accident attorneys, car accidents, motorcycle accidents, negligence
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FDA is about to review Safety of Energy Drinks containing Alcohol

November 15th, 2009

Apparently The Federal Drug Administration has asked 30 energy drink manufacturers on Friday for the information about their products and has also given them only 30 days to comply, this comes from a news release at the AG’s office.

llinois Attorney General Lisa Madigan has indicated that she is well concerned about the effects of these energy drinks, and that they pose a risk, because they are extremely dangerous when in the hands of young people. She has also cited the most recent results and studies that have shown how the caffeine is masking out the alcohol.

According to the various sources the Federal Drug Administration has not yet approved caffeine in alcoholic beverages. While there have been previous attempts to stop the production of these drinks, they have been only successful to a degree and have resulting in production being ceased for only a handful of manufacturers.

The other alcoholic energy drink manufacturers have swiftly stepped in to meet demand of the market. Back In the year of 2007, Madigan has tried to urge Alcohol and Tobacco Tax and the Trade Bureau to stop the misleading claims that were being made by alcoholic energy drinks.

Tags: alcohol, alcoholic drinks, alcoholic energy drinks, caffeine, dui
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Personal Injury Crash Accident ends up in a DUI / DWI Arrest

November 12th, 2009

The Morrisville State Police ran investigation of a single vehicle personal injury accident on the corner of the Erieville Rd at Hardscrabble Rd the Town of Nelson.

The police Investigation has showed that an 1998 Toyota Camry vehicle was going northbound on corner of the Erieville Rd when the vehicle driver lost the control and attempted to exit the east shoulder while striking the main guiderail. The vehicle driver then exited the west shoulder and went striking the ditch. The driver and the passenger were offered assistance.

The vehicle operator was Jonathan V. who was of age 19 and was subsequently arrested for DUI / DWI. He was processed at the SP Morrisville, where they took a breathalyzer sample of .16 BAC%. Later he was charged with DUI / DWI, also driving with BAC greater than .08% and also unsafe speeding. Passenger in the vehicle who was with him at the time Eric J. age of 21 has suffered multiple facial lacerations in the mentioned accident. The passenger was being treated at the scene by the ambulance and then later on he was transported to Community Memorial Hospital where he was undergoing some further treatment.

Tags: dui, dui arrest, dwi, dwi arrest, personal injury, personal injury accident
Posted in Injury, Personal Injury, dui, dwi | No Comments »

Current And Former Personal Injury Lawyer both charged with Embezzlement

November 5th, 2009

The long time 21 month investigation brought charges this Thursday against a Tulsa personal injury lawyer and another former lawyer on the allegations that they embezzled over $1.1 million from their clients.

In a stunning news release that comes out from the office of Oklahoma Attorney General Drew Edmondson, William J. Anton and Fred M. Schraeder are accused in a scheme of racketeering, conspiracy and multiple counts of embezzlement, forgery and also workers’ compensation fraud.

Schraeder who is currently 59, is also current Tulsa attorney and Anton who is 59, is ex or former lawyer who gave his law license back in 2007, but continued to practice the law. The two men are accused of embezzling $1,169,514.18 from their own clients personal injury funds and life insurance settlements and other benefits and various claims.

What is most interesting about the story is when a source said “The majority of the funds Anton and Schraeder are accused of stealing were intended to benefit Oklahomans who had been injured, whether on the job or in some type of accident”.

The detailed investigation of these personal injury lawyers conducted by the police department has uncovered that both defendants have paid their own personal expenses by using clients money. They
also point out that a discovery was made in a connection with Anton making a large number of ATM withdrawals, some ATM machines being located at casinos.

Tags: attorney charged, lawyer charged, personal injury attorney, personal injury attorneys, personal injury embezzlement, personal injury lawyer, personal injury lawyers
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Personal Injury Law company files for a lawsuit because of an electronic sign

November 4th, 2009

When you refuse a law firm specializing in personal injury then you have high chances of getting sued. This is exactly what happened in the Chesterfield County.

On the October 21’st, a personal injury law firm known as Tronfeld West & Durrett has officially filed the suit against the Chesterfield County alleging that its “free speech pursuant to the First Amendment of the United States Constitution” was denied because “the computer-controlled variable message is a form of commercial speech.”

The lawsuit has also alleged that the Chesterfield County regulation of the electronic signs “is unreasonable, arbitrary and an excessive exercise of the county’s police powers.”

On September of 23′rd, however Chesterfield County main supervisors have decided to deny a request by the personal injury law firm for an electronic message sign which was to be located at the Midlothian Turnpike and Gateway Center Parkway and was supposed to replace the existing sign. The electronic sign policy prohibits the electronic sign within 2,000 feet of another electronic sign. In the case of Tronfeld West & Durrett and the closest sign is located about 850 feet away.

The sign which was supposed to represent the personal injury law firm Tronfeld West & Durrett could have been approved possibly if the recommendations from a main sign study committee had been approved also sometime earlier this year. However both the Chesterfield Planning Commission and the county board disapproved of the electronic sign.

Don Kappel who is the county’s main director of public affairs, commented that it is the practice of the county main attorney’s office not to actually comment on any of the pending litigations.

Tags: Chesterfield County, electronic sign lawsuit, personal injury law firm, personal injury lawyer, Tronfeld West & Durrett
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New Ad ban will try to target most of the Personal Injury Lawyers

November 3rd, 2009

The Personal Injury Lawyers and law firms, sometimes known as also the ”ambulance chasers” of the legal practice profession, are trying to use a variety of big tricks to try and exploit new loopholes found in the laws banning them from trying to advertise their services to individuals.

The NSW government body, which has also had very distinct and mixed results in preventing them from doing this, will try to increase the pressure on their new campaign that is starting this week by tying to send national advertising ban on all the law firms that try to do this.

As of the year 2005 new restrictions were introduced in NSW, with some law firms trying to use devices such as new disclaimers and also various new pop-up screens that show up on their websites to try and get around these existing regulations.

The main NSW Attorney-General, John Hatzistergos, says the practices are ”predatory. Mr Hatzistergos will have a meeting with the nation’s attorney general in Australia Sydney to follow up on his outline and try to ban these kind of practices across the country.

Tags: personal injury lawyer, personal injury lawyer advertising, personal injury lawyers
Posted in Injury, Personal Injury | Comments Off

Reviewing your Insurance

October 6th, 2009

Some people don’t have the habit of reviewing their life insurance policies.  But bear in mind that an insurance could be a vital part of your financial strategy or estate plan.

You can buy a life insurance policy and make your spouse or children as beneficiaries.  Business owners can also use a buy-sell agreement funded with an attached life insurance so that surviving owners may buy the company’s interest in case of a deceased partner.  In the same token, key-person insurance assures business aid when one of the core employees passes away.

However, there is a downside to this.  Life insurance proceeds form part of your taxable estate and your beneficiaries may be heavily taxed when you pass away.  One alternative around this law would be to allow your children or other beneficiaries to own your policy.  You can give gifts to your kids for the acquisition of the insurance - it’s like pooling their money and buying the policy for you.  Another way you can remove the proceeds of your life insurance from your taxable estate is to get irrevocable life insurance trust.

Life insurance can help you build wealth.  It can also be useful for employee benefits, business continuation, education planning, retirement planning, and estate planning.

Tags: beneficiary, business, estate, estate plan, Estate Planning, law, life insurance, policy, tax, trust, wealth
Posted in Estate Planning, Family Trust | No Comments »

Transfer Wealth through Trusts

October 4th, 2009

Transferring wealth to the next generation is a very noble goal.  However, you may be hesitant to transfer wealth through a trust because you think that it may be expensive.  But if you think about it thoroughly, you will realize that simply handing it over to your children or grandchildren have a lot of risks, especially if the beneficiaries are still minors. 

Let’s face it - kids may sometimes be impulsive and easily influenced.  So how do you give inheritance to someone who’s not mature enough to handle their own money?  One way is through trusts.  You will have full control because you’ll be the one to establish its terms and conditions.  For example, you can make it restrictive and give the money to the beneficiary only when the right time or reasons come.

Of course you need to do a cost-benefit analysis for this purpose.  It doesn’t make sense for you to create a trust if you intend to fund it with only $500.  It’s not to say that $500 is not a lot of money, but just don’t make the mistake of spending three times as much in setting up a trust if you will only put $500 in it.  It’s best to consult an attorney regarding this concern if you want a sound advice.

Tags: advice, attorney, beneficiary, children, control, grandchildren, inheritance, kids, trust, trusts, wealth
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Estate Planning Dialogue

October 2nd, 2009

At times, discussions with family members and parents regarding estate planning may be stressful, emotional, and difficult.  However, the discomfort cannot compare to the pain felt in dying without implementing estate planning strategies.  When you rely on state governments to distribute your assets for you, your heirs may experience time delays and probate costs that may render them financially unstable.

So to ensure a life-changing and effective discussion, you must suggest a dialogue with your siblings or other concerned family members.  Arrange a convenient location and time, choose a comfortable setting, and of course, limit distractions.  It would also help to encourage an honest and open airing of goals and issues to stress that the discussion is very important.  Most definitely, everybody must implement an effective plan to serve the needs and wishes of all.

This is a very challenging task especially for the elderly parents who are initiating the discussion.  But this is needed to provide more control to the estate owner.  All issues must be discussed and understood by every family member.  They should also know the availability of legal documents including wills and trusts and use them as tools to have a successful discussion and ultimate peace of mind for everyone.

Tags: dialogue, discussion, elderly, Estate Planning, goals, owner, plan, probate, strategies, tools, trusts, Wills
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Estate Planning is for Children Too

September 30th, 2009

Do you know that when your children reach 18 years old, you will no longer be allowed to make medical decisions for them?  Actually, your right to see their medical records or speak to their doctor is no longer compulsory enforced.

Any parent has a fear of hearing that their child was involved in a medical emergency - whether it’s a physical catastrophe or a car accident, they would usually be notified or rushed into action.  However, under the law, your own 18-year old and above children need to name you as a health-care proxy first before you can have anything to say about their medical treatment.

Health-care proxies are documents allowing you to assign another person to make medical decisions for you if you’re unable to do it yourself.  Another document, called the living will, is a statement of medical wishes if you become ill.

Therefore, estate planning is not only for seniors.  Adult children should also have durable power of attorney as well as a health-care proxy too.  Since these are complicated documents, it’s best to speak to your family attorney.  If you don’t have one, just seek advice from any qualified estate planning attorney in your state.

Tags: adult, attorney, children, documents, Estate Planning, health-care proxy, law, living will, medical, parent, seniors, will
Posted in Estate Planning, Wills | No Comments »

Trust Amendment

September 28th, 2009

All good estate plans are designed to accommodate and anticipate changes.  The owner reserves the right to amend or revoke the trust in part or in whole.  And the most common amendment done by the owner is changing the trust asset distribution.  It’s so common for people to delete or add beneficiaries or even to adjust the amount or percentage that the beneficiary will receive.  Also, another common change is to change the order or names of successor trustees.

Because it’s so easy to amend any trust, some people are doing it on a regular basis.  There are some trusts with seven or more amendments.  But sometimes, it’s easier to just replace the whole trust instead of amending it several times. 

However, some people don’t like the thought of doing the trust all over again because it’s a bit daunting.  In a new trust, all assets titled in the first trust’s name needs to be transferred to the new one.  And it could be too much work to re-title assets.

So instead of creating a new trust, you can just restate it.  The great thing about this is: you don’t need to re-title the assets of your old trust.  A trust restatement is already funded, and could simple replace the original trust.

Tags: asset, assets, beneficiaries, estate plans, Family Trust, owner, trust, trust amendent, trust restatement
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Retirement of UW Foundation president

September 26th, 2009

University of Wisconsin’s main fundraising arm will undergo a change in leadership as the president of UW Foundation announced at the board of director’s meeting on Friday that he will retire.  President Sandy Wilcox announced early that there will be enough time for the search committee to hire their new president.

Russ Howes, the vice president of Planned Giving and Legal Affairs at the foundation said, “Wilcox played a tremendous role in their effort to reach UW alumni and friends in doing significant amounts of fundraising.   With new administration coming in the university, they would like to have a foundation of leadership that would last.”  The foundation has experienced a lot of significant improvement for the past 21 years.  Employee personnel grew 6-7 times and the fundraising for the university support has increased starting from $27 million up to $130 million.

Wilcox said “I feel fortunate to have this position for two decades.  Many private funds raised during my tenure were used to construct numerous campus buildings like Chazen Art Museum, Grainger Hall, Engineering Hall, and the new medical campus.  Even when the global economic crisis took a toll on UW Foundation and it’s starting to feel investment cutbacks, I’m confident that things would still pick up soon.”

Tags: Chazen Art Museum, Engineering Hall, funds, Grainger Hall, legal affairs, Planned Giving, Russ Howes, Sandy Wilcox, tenure, University of Wisconsin, UW Foundation
Posted in Planned Giving | No Comments »

Katherine Jackson Wins

September 24th, 2009

Associated Press reported that Katherine Jackson, the mother of Michael Jackson, can now challenge her son’s estate administrators without risking her inheritance share.  This is the ruling of Mitchell Beckloff, a Superior Court Judge, last Friday.  In the ruling, it states that Mrs. Jackson can remove the estate executors - John McClain (music executive) and John Branca (lawyer) - or challenge their authority without being disinherited.

Although there’s a family trust provision that calls for anyone challenging the will to lose their share in the trust, the judge ruled the complete opposite.  Previously, the lawyer of Mrs. Jackson raised concerns about a few deals that Mr. McClain and Mr. Branca have negotiated, including the involvement of Michael’s concert promoter, AEG Live.

According to Londell McMillan, Katherine’s lawyer, “We hope that this outstanding administration matter is resolved, without need for further costly obligation - this is for the best interests of Mrs. Jackson and Michael’s children, who are the true beneficiaries.”

The family trust gives 40% to Mrs. Jackson, 40% to Michael’s three children, and the remaining 20% will be given to charities.  Judge Beckloff also approved around $1 million annual allowance for the family - Mrs. Katherine Jackson, Michael’s daughter Paris, and his sons Prince Michael and Blanket.

Tags: administrators, AEG Live, Associated Press, Blanket, estate, Family Trust, inheritance, John Branca, John McClain, judge, Katherine Jackson, lawyer, Londell McMillan, Michael Jackson, Mitchell Beckloff, Paris, Prince Michael, trust
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Wills for Firefighters

September 22nd, 2009

A lot of firefighters contemplated on their own mortality as one of their colleague, Manny Rivera, who sustained fatal injuries in battling last winter blaze, died at 42 years old.

According to John Panacek, Trenton Fire Department battalion chief, “Most firefighters don’t have wills in order.  They may not anticipate dying in their 30s or 40s but in our job, it could happen tomorrow.”  Because of this concern, Panacek tapped Wills for Heroes program, which is a national initiative offering firefighters with free estate planning assistance.  This also includes police officers and other people considered as first responders.

For Mercer County, the Young Lawyers Division of New Jersey Bar Association agreed to host a particular event that would be open to these first responders having an estate below $750,000.  This will be held at Hamilton Capital Health on Sept. 26.

Panacek added, “Estate planning has been something that plenty of firefighters are putting off.  Manny’s untimely death has been a real eye-opener.”  Rivera rescued a man on Feb.9 from a fire at Washington Street.  He collapsed at the scene and remained in a coma (seven week) until finally succumbing to death.

According to the website of Wills for Heroes, there were 400 police and firefighters who died in 9/11 terrorist attacks but a lot of them have no wills or estate documents.

Tags: estate, Fire Department, firefighters, Hamilton, injuries, John Panacek, lawyers, Manny Rivera, Mercer County, New Jersey Bar Association, police, Trenton, Wills, Wills for Heroes
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Education Savings Plan in Estate Planning

September 20th, 2009

Estate laws truly affect your assets.  Most of your assets constitute your estate when you pass away.  And since you know that an estate over $3.5 million will be taxed up to 45%, you may want to keep your estate below that level.  In order to do that, you can give gifts or acquire a 529 education savings plan.

Actually, this kind of education savings plan would allow you to select any relative or friend as your beneficiary.  That person is expected to incur education costs.  Moreover, the plan offers flexibility like for example; you can change the beneficiary any time, change investment elections, and make various contributions to the account.

You can choose from several 529 accounts that may be available in your state.  If you’re a resident of Ohio for instance, you can choose Ohio 529 plan and deduct your contributions from the state income tax.  Currently, IRS rules are allowing investors to make large lump sum contributions to the 529 plan.  In 2009 you can contribute up to $65,000 for individuals or $130,000 for couples.

So 529 education savings plan not only allows you to help your children grandchildren, nephews, nieces, and other loved ones from pursuing education, it would also allow you to qualify for tax deductions.  Seek advice from your estate planning attorney whether this strategy could be applied in your situation.

Tags: assets, attorney, education, estate, Estate Planning, laws, Ohio, plan, savings, strategy, tax deduction
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Roundtable for Planned Giving Professionals

September 18th, 2009

There’s a new organization called YEP (Yuma Endowment Project) where professionals working with planned financial giving are learning and working together locally.  The leaders of this organization said that they will offer training events plus host a planned-giving roundtable.

Membership to YEP nonprofit targets professional financial advisers such as insurance professionals, accountants, and attorneys in addition to executive directors and development officers.

Judy Gresser, the executive director of Yuma Community Foundation said, “In the past, people had to drive to Tucson or Phoenix for this type of training.  We need this kind of collaboration here in Yuma.”  In addition, she said, “It’s all about great agencies and sustaining the impact in our community by educating people.  It’s not just all about giving cash one time, but making a planned long-term impact.  The biggest reason for the endowments is to benefit the community.”

The annual summer forum is likened to a retreat, and the educational events are offered every quarter.  The first one will be on October 7 at Yuma Main Library.  A management consultant for major corporations, Tom Steiner, would be the one to make a presentation.  By the time they hold their kick-off activity, Gresser is hoping that they can already have 50 members.

Tags: attorneys, endowments, forum, foundation, Judy Gresser, members, membership, Planned Giving, retreat, summer, training, YEP, Yuma
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Suing a Family Trust

August 21st, 2009

Mary Bucksbaum Scanlan, an heiress of Bucksbaum shopping-mall clan has sued the family trust as well as its lawyers for breach of fiduciary duty and malpractice.  She blamed them for investment losses from her trust shares worth $300 million. 

The 40-year-old is a daughter of Martin Bucksbaum, who’s the late co-founder of General Growth Properties Inc.  She filed this lawsuit in Chicago U.S. District Court naming attorneys Earl Melamed and Marshall Eisenberg with their law firm named Neal, Gerber, and Eisenberg LLP.  Also included in the suit is General Trust Co., Bucksbaum family trust as defendants.

The attorney representing Melamed, Eisenberg, and their law firm is Atty. Stephen Novack, who claims that losses suffered by Bucksbaum family trust were truly caused by the souring stock market and the economy.  General Growth is based in Chicago - it manages and owns over 200 malls in the U.S. but it filed for bankruptcy (Chapter 11) protection in April carrying a debt load of $27 billion.

The lawsuit of Mrs. Scanlan alleges the attorneys (also the trustees) of breach in their fiduciary duties since they kept most of the assets of the trust in General Growth stock during the time that stock has declined in 2007 from $67 to $1 last year.  Allegedly, the attorneys also failed to inform her about the loans made to executives of General Growth with a total of $100 million.

Tags: attorneys, Bucksbaum, Chicago, Earl Melamed, Family Trust, General Growth Properties, heiress, law, lawsuit, lawyers, malpractice, Marshall Eisenberg, Martin Bucksbaum, Mary Bucksbaum Scanlan, Stephen Novack, stock, sue, trust
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Prescott-Based Family Trust

August 21st, 2009

A family trust based in Prescott made a request to Planning and Zoning Commission because it plans to lease and probably sell their vacant building.  The agent for Polland Family Trust, Eileen Fowler, said, “They’re just trying to make use of the building they have.  Commercial developments are lying on both sides of the aforementioned property.  It covers 16 acres adjoining Highway 69 (west side) between Bradshaw Mountain Road and Village Creek Boulevard.”

She was referring to Century Productions’ former home - 15 acres of family land near Prescott Country Club.  She added, “If we could sell this lot, we would want to push through with that.  Most of this building is located on a hillside.”

Fowler is acting as the family’s agent and she applied to the commission in order to rezone the land (coming from residential to commercial including minor-industrial planned area development).  Another request was separately filed for General Plan amendment coming from low-density residential and going to regional commercial for 2 acres because they’re outside the boundaries of town.  The planning staff recommends approval of these requests from family trust provided that they would keep a 200-foot natural buffer in between Prescott Country Club and the property.

Tags: Eileen Fowler, Family Trust, Planning and Zoning Commission, Polland Family Trust, Prescott, Prescott Country Club, property
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Your Will May be Fake

August 20th, 2009

Many people are getting scammed when they seek assistance in writing their wills. A lot of solicitors can draft wills; however, these solicitors are not properly trained nor qualified to do so. In fact, there are many will-writers who don’t need to be regulated by Law Society before they offer their services.
According to a Liberal Democrat spokesperson for regulatory reform, enterprise, and business, Lorely Burt, “It’s no exaggeration that will-writing has now become a hunting ground for dishonest, incompetent, and fly-by-night operators.” Some offer a low fee but would keep adding extra charges for extra services and some involve outright scamming.

Since will-writers are not regulated, some problems also arise out of incompetence. For instance, an old lady wants to exclude her son from inheritance since he stole from her in the past. She made a will for her estate to be given to her care givers instead. But since she just used a will-writer who advertised in the local paper, her will was challenged by her son. And since it has been witnessed and drafted incorrectly, the will was declared invalid – effectively, she has no will and her son actually inherited everything after all.

Therefore, be very careful in looking for assistance to draft your will. To be safe, seek help from qualified estate planning attorneys. You can find many of them in online directories all over the web.

Tags: attorneys, directories, draft, Estate Planning, Law Society, Liberal Democrat, Lorely Burt, online, scamming, solicitors, web, will, will-writers, Wills
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A Father’s Secret Will

August 20th, 2009

There was a case where the father died five years ago and a daughter discovered that there was a will kept secret from her by the solicitors.  It emerged that the solicitors were holding on the father’s will and the daughter was named as a joint executor together with the stepmother.  The child was never informed about this and it came as a shock to her when she discovered it.  The father clearly left everything equally to her and her stepbrothers but she did not receive any inheritance.

There might be a case for this or there might be none.  The first point is that if the father held joint property with the stepmother, everything could have passed automatically to her anyway, regardless of the contents of the will.  However, this is unlikely in second marriages, and if the will is valid, there’s certainly a slip-up when the father died and the will’s solicitors failed to inform the daughter of her rights.

In a case like this, the daughter can consult a lawyer and file proceedings to recover assets from the estate of the stepmother - the costs of these proceedings should be covered by the solicitors.  They may also bear costs of consequential losses such as capital growth and interest accruing to the assets of the stepmother.

Tags: daughter, estate, father, inheritance, joint executor, lawyer, losses, proceedings, rights, solicitors, stepmother, will
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Farmers Exemption from Estate Taxes

August 19th, 2009

U.S. House of Representatives (H.R. 3524) recently introduced a bill that will exempt family farms from federal estate taxes if the farms will stay with their respective families.  The bill is called Family Farm Preservation Conservation Estate Tax Act.  It was assigned to the Committee of House Ways and Means after being introduced by (D-Colo) Rep. John Salazar and (D-Napa) Rep. Mike Thompson.

According to Laurel Brown, the spokeswoman of Thompson, “The bill would defer estate taxes on conserved and agricultural land indefinitely, so long as it still remains in the family - this ensures that nobody would have to sell the land just to pay for the estate taxes.  Then Murray said that “So many family farms have been struggling until now.  This bill will encourage farms to remain in the family’s possession.  There aren’t too many left.”

The law governing agricultural estate taxes is expiring next year.  It’s expected to be replaced by another law in 2011 that would tax families blending the levels of 2001 and 2002.  This level is hard for a lot of family farms, which are typically asset rich yet cash poor.

The new estate legislation was endorsed by 28 farm organizations including Western United Dairymen, Western Growers, California Association Winegrape Growers, and California Farm Bureau Federation.

Tags: agriculture, bill, estate, estate taxes, farms, federal, John Salazar, Laurel Brown, law, legislation, Mike Thompson, U.S. House of Representatives
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Change of Estate Tax Law

August 19th, 2009

Wealthy residents from Connecticut usually flee to Florida in avoiding the estate tax in the state.  But now, they don’t need to do that because there’s a new law (House Bill 6802) enacted on Sept. 8.  The law states that deaths occurring from January 1, 2010 onwards, as much as $3.5 million worth of estates and gifts will be exempt from tax.  This raised the threshold for taxable gifts and estates from the existing $2 million level.

In Connecticut today, when the estate is exactly $2 million, there will be no estate taxes paid.  However, an estate of $2,000,001 pays Connecticut $101,700 in taxes.  Fortunately, this will change beginning 2010.  The new legislation will not only increase the threshold exemption, it will also reduce the rates by 25%.  For instance, a $5.1 million estate which currently pays Connecticut $402,800 will only pay the state $130,200 if the death occurred after year-end. 

This means that you can now stop avoiding Connecticut in planning and establishing your residence.  State Rep. (R-149^th Dist.) Livvy Floren said, “These changes may be considered good step toward the right direction.”  So if you’re a resident of Connecticut or you have real property there, you might want to revisit and make current your estate plan with an attorney soon.  

Tags: attorney, Connecticut, estate plan, estate tax, Florida, gifts, law, Livvy Floren, state, wealthy
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Benefits of Bowers Trust

August 18th, 2009

Frances Bowers, a Mannington woman, passed away in the year 2000.  Her family members have all passed away as well and they have compiled the largest fortune in the community - they’re famous for the second largest state district fair.

Bowers was on the First Exchange Bank board.  Her father was late George Bowers, owner of Warwick China Co. and Bowers Pottery Co. (two very prosperous businesses).  He died around 1940s and left his three daughters with a huge estate.  Frances was the last surviving offspring.  She’s a private and opinionated woman who traveled a lot.

Upon her death, a part of the family trust has been placed in George Bowers Family Charitable Trust - many students and organizations in the area benefited from this trust ever since.  People may not know that the family did a lot of good things to the community.  It’s like a federal government awarding to organizations that need funds yearly.  Also, it’s similar to an annual gift; but the surprise is who will reap the rewards. 

Although many organizations are applying, only so many can be given out each year.  For instance, this year, East Fairmont Junior High, Fairmont Senior High, Disability Action Center, Mannington Middle School, and Salvation Army were some of the lucky ones awarded with grants.

Tags: Family Trust, First Exchange Bank, Frances Bowers, George Bowers, George Bowers Family Charitable Trust, Mannington, trust
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Rethinking Anonymous Giving

August 18th, 2009

There are a few inconsistencies and pitfalls of giving anonymously.  Just last spring, there was news of a multi-million-dollar gift coming from an anonymous donor.  However, this picked public interest and extensive media coverage.  So even if anonymous donors ask a concealment of their identity from the public, the recipient of support may have legitimate interest to know the identity of the major donor, as shown in recent court opinions.

For now, this court ruling may be concerned only with affiliated foundations and educational institutions.  However, similar suits may come up in the future.  These recent series of gifts given anonymously may also spark a debate within philanthropic communities whether it’s appropriate to accept a gift from somebody whose identity has been concealed from the board of trustees and the institution’s president.

This admonition is sound, since nonprofits are under increasing public pressure and congressional scrutiny about funding sources and operations.  However, consider the reasons of donors for wishing to remain anonymous - not wanting to draw public attention to their wealth, concerned about being targets for other organization’s solicitations, and avoidance of questioning from their family.  Nevertheless, nobody can deny that the motives of anonymous donors are sometimes questionable and everyone would be better served if there’s full disclosure of gifts made to organizations.

Tags: anonymous, communities, donor, educational, foundations, giving, institutions, philanthropic
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