Katherine Jackson Wins

Thursday, 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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A Father’s Secret Will

Thursday, 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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Boomers Retirement Plans

Friday, August 14th, 2009

Times have changed, and the priorities come along with it.  This is true for the seniors and baby boomers as well.  Today, it’s more essential than before to plan your future given the increasing financial abuse received by seniors from caregivers or loved ones and the tough economic times.

Until now, the preceding American generation had been better off economically compared to their parents due to their inheritance, thriving economy, and job opportunities.  However, recent times don’t seem to be well.  It would be a good bet if the boomers will inherit a single title from their parents.  And the boomer’s children may even get less.

All these mean that seniors and boomers need to develop a plan for life, due to possible incapacity and inevitable death.  This planning process does not only involve “estate planning” or “financial planning” but “life planning,” “death planning,” “burial planning,” “nursing home or long-term care planning,” and even “pet planning” as well.

Creating and implementing these plans would need a huge multidisciplinary effort coming from a qualified team of professionals.  Among others, see a lawyer to help you handle your assets and complete your plan in case of incapacity, disability, and death.

Tags: American, baby boomers, death, disability, Estate Planning, incapacity, lawyer, priorities, seniors
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Transfer through Register of Wills

Tuesday, August 11th, 2009

Take this scenario: In 1993, a mother passed away.  She is a widow with only one son.  The son and his wife have been living inside the family home since 1990.  The mother did not leave a will and the son didn’t try to change the title.  Fortunately, the insurance and taxes are up to date and the mortgage is paid off completely since 2001.

Now, the son wants to change the title to his name.  But the problem is, he waited too long to do it.  Nevertheless, he can still work around it.  His first step would be to appoint himself as his mother’s estate administrator.  Then, he can transfer the property to his name.  He has to go to the office of Register of Wills and seek help.  There, he will get the necessary administrator appointment.  He has to bring his birth certificate and the death certificate of his mother to expedite the process.

Most likely, there will be an inheritance tax due commensurate for the property’s value at date of death.  Some say, however, that you can appeal to abate the mentioned penalty.  Seek the help of a lawyer to guide you through the transfer and give you advice on the best course to take.

Tags: administrator, certificate, estate, inheritance tax, insurance, lawyer, mortgage, mother, Register of Wills, taxes, title, widow, will
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Planned Giving Marketing Impacts Legal Ruling

Wednesday, August 5th, 2009

There was an opinion issued by U.S. Court of Appeals involving Robert Dillie in a case that charged him with operating a fraudulent foundation from 1996 to 2001.  The foundation was actually in a ponzi scheme issuing $55 million gift annuities to more than 400 donors - these were sold through investment advisers receiving commissions on each sale.  The opinion was issued this past June and M. Dillie is now serving a prison sentence of 121 months.  However, the legal fallout from the operation lives on.

Due to return of commissions ruled by the lower court, investment advisors sued the receiver who’s assigned to recover the remaining funds and repay defrauded donors.  However, Federal Court of Appeals concurred with the rulings of the lower court and rejected the arguments of the investment advisers’ lawyer.

Truly, the underlying facts of this case were unique.  And the ruling’s significance is how the gift annuities were viewed by the Court in light of marketing techniques used.  When the court looked at various promotional advertisements used, it was clear that the gift annuities were actually investment contracts.  Therefore, charities should be careful in marketing their gift annuities or other life income vehicles.  Make sure to emphasize that these are gifts first and foremost.

Tags: commissions, court, donors, foundation, gift annuities, lawyer, Planned Giving, Robert Dillie, U.S. Court of Appeals
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Allan Scott’s Estate in a Family Battle

Tuesday, August 4th, 2009

As a trucking magnate, Allan Scott accumulated an estimated $600 million estate.  His two favored children will receive a big bulk of this empire.  However, there is a current rift developing within his family due to the fortune he left behind.

A source close to the Scott family said that some relatives have been angry that Mr. Scott short-changed his grandchildren, as only three were explicitly mentioned in the last will.  The source said that “Zena’s got all the power and money so she can do whatever she likes.”  Due to this some relatives are filing a legal challenge.  On the other hand, his widow, Grace Scott, have not yet seen a copy of the will.  She said the family kept her in the dark about the inheritance.  “I’m very illiterate when it comes to this legal stuff,” she commented further.

Mr. Scott died of heart failure and left all his wealth and business in the hands of his two children, Raymond and Zena as well as lawyer and business associate Tony Johnson.  His will acknowledged that Raymond and Zena should receive a greater portion of his estate because they spent their effort, time, and goodwill to contribute a lot to the business.

Tags: Allan Scott, business, empire, Grace Scott, lawyer, legal, Raymond, Tony Johnson, trucking, will, Zena
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Estate Planning Prevents Family Feuds

Monday, August 3rd, 2009

Augusta’s Randolph Wade Jr. takes his obligation to his family very seriously.  Several years ago, he prepared a will and now that he’s 70 years old, he is sure to protect the ones he left behind.  “You’ll never know when you’ll reach the road’s end,” Wade said.  “All of a sudden, it could happen.  Time and time again, I’ve seen how much chaos there will be if the will is not placed in a proper way.  Since some folks waited too long, it’s been a disaster if their loved ones will be left behind.  For me, I want all my children to be very happy.  That’s why I want to leave them in good shape.” he added.

According to a lawyer, Judith Becker, “Many fail to plan for their estate because they don’t want the subject of dying as a thought.  However, the worst thing that a person can do is to procrastinate.  It would be a huge problem for them if they do this.”  

Mr. Wade has a son and two daughters.  In addition, his wife also has one daughter.  They’ve combined all the children in the will.  All of them are named executors in a specific order.  “For blended families, planning ahead is particularly important,” he concluded.

Tags: Augusta, blended families, lawyer, planning, Randolph Wade Jr., will
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Taking Family Trusts to the Next Level

Sunday, August 2nd, 2009

Beneficiaries of family trusts (oftentimes referred to as discretionary trusts), typically have no entitlement to assets held in trust, not until the trustee would exercise his or her discretion and distribute capital or income in their favor.  For example, when a father passed away, his wife may inherit the house or other assets that form part of his estate.  Then, the children (if they’re not minors) would usually take control of the trust and business.  However, trusts commonly have beneficiaries who are creditors too - this part is most often overlooked.

The reason that family trusts (especially those that carry business) tend to have creditors as beneficiaries is because the trustee would be taxed on the debts with a 46.5% flat rate unless he or she distributes all profits, earnings, and realized capital gains in a financial year.  This is one of family trusts’ benefits - the ability to stream the various classes of income and give it to most appropriate beneficiaries so that in the end, a lower tax amount is paid generally compared to business structures where the owners have fixed settlement.

Ideally, a succession plan requires a solicitor, accountant, lawyer, and financial adviser working together.  This will encourage a smooth facilitation so that the estate plan is complied with in a timely manner.

Tags: accountant, beneficiaries, capital, creditors, discretionary trusts, estate plan, family trusts, financial advisor, income, lawyer, solicitor, sucession plan, trust, trustee
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Transferring Real Estate Title

Saturday, August 1st, 2009

When you own property in another state, the only way that you can avoid probate proceedings is to prepare and record a new deed that will transfer the title to include joint owners.  These owners may be your beneficiaries such as your spouse and children.  You can also transfer the title to a revocable trust or to entities like partnerships, limited liability companies, and corporations.

When out-of-state real estate’s title is transferred to a trust, the title will not be held by an individual but by a trustee.  So even when the individual dies, the trust will still continue.  Same thing for transferring to an entity - it’s the entity that holds the real estate title and not the decedent.

While these are simple procedures, there are a few downsides to a joint ownership.  Any lease, mortgage, sale, or other transactions that involve the property require unanimous consent of every owner.  Another disadvantage is this: the interest of any joint tenant is exposed to creditors’ claims.

And if your property is a pied-a-terr in Paris or an island villa in Antigua, you need to consider estate tax systems and probate in foreign countries.  Therefore, your attorney needs to work with a lawyer in a foreign jurisdiction for proper coordination and inclusion of the property in your estate plan.   

Tags: attorney, estate plan, joint owners, lawyer, probate, property, revocable trust, tax systems, transfer title, trust, trustee
Posted in Estate Planning, Family Trust | No Comments »

Blended Families’ Estate Planning

Wednesday, July 22nd, 2009

Richard Barnes witnessed the negative effects of a poor estate planning.  The families are upset, frustrated, and confused - they are forever shattered by it.

Even more confusing are those people in blended families - those families formed from second or third marriages - these are more difficult and precarious situations.  Barnes said that there are no instruction manuals for second marriages, and this time, you need to deal with new in-laws and step-children.

Amidst a larger cast of individuals, renewed estate planning could clarify your wishes.  This renewed estate planning could purchase additional life insurance, update a will dealing with prior relationships and reflect the current dynamics of new ones, etc.  Therefore, you need to learn various things such as dealing with heirlooms, how to select the best lawyer, etc.

Barnes further added, “It’s not just another marriage.  Somehow, it would seem that there are numerous challenges and geometric progression of personalities from first to second marriages.  There is a large amount of emotional issues surrounding people in second marriages.  And if clients would not think of these things (especially what to do with the properties and estate), there would be adversarial impact.  Only planning ahead would make it right.”

Tags: blended families, Estate Planning, lawyer, marriage, Richard Barnes, second marriage
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60% of Canadians Don’t Have Wills

Saturday, June 27th, 2009

The chance of catching a fire in your house is only one-in-230; but people are lining up to get property insurance, just to be sure.  Meanwhile, the odds of death are one-in-one; despite this, over 60% of Canadians do not have a will or even a comprehensive estate plan.  This is according to Society of Trust & Estate Practitioners.

Maybe it’s an issue of facing mortality or not wanting to place a burden to the family.  Most of the time, people don’t see any immediate benefit of planning for the estate, or sometimes, they just don’t know where to start.

Everyone should make a will, regardless of your wealth.  An estate is everything you own - this includes property, investments, and real estate.  At the same time, it also includes all the debts you owe.

The objective of most people is to make sure that their family is financially secure when they die (though in some cases, beneficiaries may also include charities or non-family members).  So an effective “will” does not only make sure that it states clearly who should get what, but rather, distributes the assets tax-effectively and efficiently.  It’s also critical that your assets are managed before you are incapacitated or ill.

The first step would be to pull together a team of experts to guide you.  It’s recommended that you include a financial adviser, tax professional, and a lawyer, who can be your overall coordinator.

Tags: debts, estate, estate plan, experts, financial adviser, investment, lawyer, property, real estate, tax professional, wealth, will
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Estate Planning Process

Saturday, June 27th, 2009

Business succession planning should address the continuity and transfer of tangible assets such as equipment and land.  This also includes intangible assets such as people and culture.  Aggressive succession planning encourages transfer of farm or business to the next generation before the death of its owners.

Estate planning is essential because it prevents liquidation of your assets to cover tax liabilities.  It’s an ongoing process of expressing, designing, refining, and adopting the programs, structures, and documents needed to achieve the continuity objectives of your family business.  In addition, it requires communication, refinement, and continual review of necessary plans and transfer to your vendors, key personnel, partners, and family who’ll be affected by your loss.

The process must accomplish three goals:

• *Establish plans for continuity of family assets or family business
• *Initiates transfer of assets to charities and family members prior to death
• *Upon death, completes transfer of assets with minimum administrative hassle and cost, according to your wishes

Be careful to avoid estate planning complexities that often arise out of unfocused objectives, dysfunctional relationships, and special family circumstances.  To protect the rights of your beneficiaries or descendants, hire an estate planning lawyer who will be the executor of your estate.

Tags: assets, business succession, Estate Planning, estate planning lawyer, executor, family business, lawyer, tax liabilities
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Money is thicker than Blood?

Tuesday, June 23rd, 2009

A business lawyer in Toronto, Bliss White, said, “You need to manage succession so that you won’t run into disputes.  You usually run into disputes when you’re in the second generation and other siblings are involved.  An “issue of fairness” will rise, which will create tension and may spillover into a brawl in the family.  These disputes come up when the parties try to take advantage of each other.

“Greed is often the root of family fights,” said Bryan Haynes, corporate lawyer in Calgary.  “It seems that money is now thicker than blood.  However, the problem festers due to lack of succession planning,” he reveals.

Moreover, a lawyer in Toronto, David Malach, said “One way that the family can have peace is for the parents to maintain the company’s voting control through family trust.  It may be structured properly so that the next generation can benefit from the company’s growth.  In the meantime, the parents still maintain control and keep the children in line.”

“Communication is the key.  The founder must make sure that everyone understands the reasons in deciding the roles that each of them will have in the business,” Malach added.  Furthermore, lawyers say that a shareholder’s agreement is also an important document to make when the founder plans to pass the company to the next set of owners.

Tags: Bliss White, Bryan Haynes, business lawyer, Calgary, corporate lawyer, David Malach, disputes, Family Trust, lawyer, shareholder's agreement, siblings, Toronto
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Preventing Family Feuds from Wills

Monday, June 22nd, 2009

It’s easy to divide your assets in preparing a will.  However, the real challenge is to prepare a document that will ensure peace after you die.  “So many wills are like ticking time bombs,” said Les Kotzer, a wills and estate lawyer.  From experience, he knows that a loosely worded will (or no will at all) typically create long-lasting family feuds.

“Too many wills are simply outdated, not worded properly, or doesn’t take into consideration specific family issues.  Quite often, this is a recipe for family battle when I review wills for clients,” he added.

He warned that people are making a big mistake in planning a will when they don’t talk about its contents to the benefactors.  “Often, the topic is considered taboo, especially when kids don’t want to seem greedy and the parents don’t want to talk about death to their kids.  But parents should be talking with their children now,” he emphasized.

This talk should include the decision on who would likely be the best executor.  For example, are you going to pick your eldest son just because he’s good at math and he’s the first born?  It may not be a good idea.  The executor has great power so it should not go to someone who will likely abuse it.

Tags: assets, estate lawyer, executor, lawyer, Les Kotzer, will, Wills
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Medical Malpractice Happens

Wednesday, June 17th, 2009

Medical hit-and-runs happen when patients are gravely injured or killed by medical error. These are errors that can be prevented but sometimes, nurses and doctors pretend like nothing happened. This occurs almost every day across America. However, most patients cannot tell the difference between “normal stuff” and preventable harm.

And when families learn the truth either from accident or from hiring a lawyer, their confidence and trust in the medical system may vanish in an instant. The medical injury compounded by lying and betrayal carries a long-lasting and searing pain for these families.

The only way that these victims of medical malpractice can fight back is through their right to sue. Certainly, they can claim financial compensation to stave off the possible bankruptcy of a serious injury or death. These cases can leave the family with huge medical bills or unending debt.

Remember that the healing process for these medical injuries is filing a lawsuit. Some say that they don’t really want revenge, just to save other people from experiencing the same thing.

It’s possible that the medical industry today is beginning to neglect patient safety. More than a decade after entering the 21^st century, the industry denies the legitimate role of patients in enforcing and monitoring their own safety. In fact, a complex structure of “privilege” and confidentiality laws are ensuring that safety reviews are never reported in any form accessible to the public.

Tags: Injury, lawsuit, lawyer, medical, medical industry, medical injury, medical malpractice, system
Posted in Injury, Medical Malpractice | No Comments »

Succession Planning is Necessary

Tuesday, June 16th, 2009

If you own a part or all of a closely-held business, you’ll have to put value to that business whether you like it or not. Otherwise, the IRS will.

Many things can happen, like selling or gifting a family business to the children, divorce (where valuation can become a very expensive legal battle), or death (where valuation is require for estate tax purposes). If there is a wrong valuation of your business, it can rob you of your hard-earned dollars. And your family will be affected as well. What’s worse, there’s even a possibility that you’re business might just be sold to taxes.

Make no mistake; it’s very easy to transfer business ownership to your kids. Just follow these simple steps:

1. *Recapitalize your company by converting majority of the old voting common stock into non-voting stock.
2. *Get an appraiser to value your non-voting stock.
3. *Take appropriate discounts – the law allows three separate discounts: minority discount, lack of marketability discount and non-voting stock costs less than voting stock discount.
4. *Elect S Corporation even if you’re now a C corporation.
5. *Transfer to your children only the non-voting stock.

A lawyer and a certified public accountant can help you with this process. You can find these professionals through referrals or lawyer listings online.

Tags: business, Divorce, IRS, lawyer, lawyer listings, online, referrals
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Stallworth gets 30 Days Jail Time

Tuesday, June 16th, 2009

Prosecutors announced that Donte Stallworth, wide receiver of Cleveland Browns, will spend jail time of 30 days for DUI manslaughter under plea agreement terms. In March, he accidentally killed a construction worker, Mario Reyes, because he was driving under influence of alcohol.

Stallworth pleaded guilty and began serving his sentence right away. He also offered deep condolences to the family of the victim. “Though I can’t bring back Mr. Reyes, I will honor his memory through my commitment of time, resources, and voice in educating the whole community regarding the dangers of DUI,” he said in court.

Katherine Fernandez Rundle, state attorney, called it a “just” judgment and mentioned that the Reyes family has fully supported the plea agreement. They noted that Stallworth cooperated well with the police and also didn’t have any criminal convictions or even traffic violation records.

Stallworth’s defense lawyer, Chris Lyons, told the press that his client reached a financial settlement amicable to the Reyes family. He doesn’t want to disclose the amount but said that Stallworth has accepted responsibility with what he has done and has also shown genuine remorse. After his release, the athlete will still face house arrest of two years. He can still continue to play professional football but his license was already revoked for life.

Tags: attorney, Chris Lyons, Cleveland Browns, Defense lawyer, Donte Stallworth, dui, Katherine Fernandez Rundle, lawyer, Mario Reyes, prosecutors
Posted in Latest Legal News, dui | No Comments »

DNA Samples obtained by Tasers

Monday, June 15th, 2009

A New York State judge ruled that it’s permissible for police to obtain a DNA sample from suspects by zapping them with a Taser as long as it is done without excessive extent, malice, or resulting injury.

Sara Sheldon Sperrazza of Niagara County decided to obtain another sample of DNA from Ryan Smith (accused of shooting and gas station robbery) because the first one was sent to the wrong lab by the police. As a result, the DNA sample was opened and spoiled.

When Smith refused to give another DNA sample by swabbing his inside cheek, police zapped him with the electronic stun gun (50,000-volt). Patrick Balkin, his defense lawyer, denounced this. He said, “The judge’s decision means that you can enforce any court order by force, and just Taser anybody anytime.”

On the other hand, Sperrazza cited the Criminal Procedure Law of the state and numerous legal precedents. Also, Officer George McDonnell, the one who used Taser on Smith testified that he only used it for one to two seconds, when the data readout on it says that it can be used for four seconds.

Balkin still insists that the court waived the due process of his client. On the other hand, McDonnell reported that the suspect never complained of injury and none was observed as well.

Tags: DNA, George McDonnell, lawyer, New York, Niagara County, Patrick Balkin, Ryan Smith, Sara Sheldon Sperrazza, Taser
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GPS Used by Divorce Lawyers

Sunday, June 14th, 2009

Private detectives and U.S. divorce lawyers have a useful tool used to catch cheating spouses – it’s the GPS (global position system). The cost of cheaper models of GPS these days is less than $1,000. And one of the big advantages of having one is concealing the device in any hiding place, such as a glove compartment of a car, and then tracking the whereabouts of a spouse.

The good news is that you can do this legally. According to a private investigator, Paul Ciolino, “You can sit outside the house for days and nothing can happen. And it gets expensive when you hire someone out there 14 hours a day for $120 an hour and then nothing happens. However, when the GPS says that the car is going to a certain location at 2pm every Thursday, now, you can take a look.”

Last year, results from a survey of divorce lawyers revealed that 88% of them use electronically-obtained information more often than others. Records of computer use, toll-pass data, and GPS are the most common ones. A divorce lawyer, Enrico Mirabelli, also began to use GPS tracking almost a year ago. He says that GPS is more detailed than electronic toll-pass information.

Tags: Divorce, Enrico Mirabelli, GPS, lawyer, lawyers, Paul Ciolino, private detectives
Posted in Divorce, Divorce Lawyer | No Comments »

Illinois Driving Relief after DUI Conviction

Sunday, June 14th, 2009

If you’re convicted of DUI in Illinois, your driving privileges and driver’s license will be revoked. And if you’re like many individuals, it’s crucial for you to obtain driving relief by fully reinstating your driver’s license or at least through a restricted driving permit.

To obtain these, you have to appear before the Secretary of State in Illinois. But your success in this hearing would depend on your preparation, as well as your lawyer’s.

Take note that the penalties of a DUI conviction in Illinois are as follows:

1. 1^st offense – your driver’s license may be revoked for one year.
2. 2^nd offense – your driver’s license will be revoked for five years or more.
3. 3^rd offense – your license will be revoked for at least 10 years.
4. 4^th offense – you will have a revoked driver’s license for life!

You will not automatically get a reinstatement of you driver’s license after your revocation period. You will have another formal or informal hearing depending on your driving record. Nevertheless, it’s very possible to win even at your first hearing. Always talk to an experienced lawyer to assist you in your license-reinstatement case. These lawyers can be found in any lawyer directory online.

Tags: conviction, driving privileges, dui, Illinois, lawyer, lawyers, license, online, reinstatement
Posted in dui, dui illinois | No Comments »

Consider These Things before Hiring a Criminal Lawyer

Wednesday, June 3rd, 2009

When you’re facing criminal charges, it’s imperative that you consult the best criminal defense attorney immediately. If you have an aggressive and skilled lawyer on your side, it would spell the difference between a dismissed or reduced criminal charge and a prison sentence.

Before you hire a criminal lawyer, consider these things:

• *The sooner you hire an attorney, the better results you’ll get. The longer you wait; it’s possible that witnesses will forget exactly what happened and the more chances for the evidence to be contaminated.
• *It’s important to hire a lawyer that specializes in your specific crime.
• *Moreover, it’s critical that you get someone who’s familiar with local court procedures and customs where you were arrested. Local defense attorneys will have a better chance to lessen your sentence, reduce your charges, or negotiate a good deal.
• *Have an open communication with your lawyer starting from initial consultation so that you’ll have a realistic and clear understanding of your possible punishment. So make sure that you’re comfortable with your chosen lawyer before committing to move forward.
• *Don’t hesitate to discuss your case with a criminal defense lawyer even if you’re guilty. It’s highly likely that your lawyer can investigate your case details further and negotiate a favorable deal with the prosecutor.
• .

Tags: attorney, Criminal, criminal defense attorney, criminal lawyer, lawyer, prosecutor
Posted in Criminal, Defense lawyer | No Comments »

Contingent Fees are Common in Personal Injury Cases

Wednesday, June 3rd, 2009

When the attorneys earn a fee or a percentage of the client’s claim, it’s called “contingent fees.” These are typical fees given in personal injury cases throughout the United States. There are various advantages in giving this incentive to the lawyers to encourage them to claim the best outcome for you.

In fact, a study (Behavioral Analysis of Contingent Fees) at University of Jerusalem done by professors reached a conclusion contrary to common economic wisdom:

• *Counter-intuitively, people judge contingent fees yielding low effective hourly rate for the lawyer as unfair compared to contingent fees yielding high effective hourly rate.
• *Lack of alternatives and information problems are not such big factors to be considered in the fee arrangement chosen by clients.
• *Loss aversion (instead of risk aversion or giving incentives to win the case) may play a major role in the preference of clients for contingent fees.
• *Facing a choice between one mixed gamble and one pure positive one, the plaintiffs would prefer contingent fees even if that yields an expected fee several times higher compared to a non-contingent one.
• *Defendants facing a choice between two negative gambles typically risk preferring and seeking fixed fees.
• .

Tags: attorneys, Behavioral Analysis of Contingent Fees, contingent fees, Injury, lawyer, lawyers, personal injury, University of Jerusalem
Posted in Injury, Personal Injury | No Comments »

Think Twice in Contemplating Divorce

Tuesday, June 2nd, 2009

In the United States, more than 55% of first-time marriages result in divorce and more than 70% of second-time marriages also do. If you are contemplating on divorce right now, at least you know you’re not alone. But it’s very important that you understand exactly what you will go through. You don’t want to be uneducated or unprepared in confirming this life changing decision.

Bear in mind that if your relationship is amicable during your divorce, you will likely lessen the financial and emotional burdens caused by it. So before you finalize your decision, make sure that you have done the following:

• *Counseling – especially if you have children, they deserve a deep look into what’s wrong with your marriage.
• *Face common marriage problems – look inside yourself and ponder if the problem starts with you. Do you prefer to be with your friends or at a bar?
• *Deal with bankruptcy or tax issues – financial stresses are often caused by divorce, as many federal bankruptcy courts reveal. Married couples also pay fewer taxes than single ones.
• *Seek support – find a lawyer to help you make an objective decision. You can also rely on family and friends during this stressful period.

To look for legal and professional help, search for a lawyer online through lawyer directories on the web. Who knows, subsequent talks and discussions might even strengthen your marital bond and make you think twice about the divorce.

Tags: bankruptcy, counseling, Divorce, find a lawyer, lawyer, lawyer online, marriage problems, support, tax issues
Posted in Divorce | No Comments »

Effectiveness of Breath-Alcohol Odor

Tuesday, June 2nd, 2009

In every DUI case, the officer is always prepared to testify against the arrested suspect, especially for breath-alcohol. If the arrest report doesn’t include such odor, then the suspect would probably be booked for driving under drugs’ influence. In other words, alcohol on a suspect’s breath would always be the observation encountered in every DUI case.

It’s also the most damaging because the jury would inevitably conclude that “when there’s smoke, there’s fire.” This means that alcohol present on the breath would lead to alcohol present in the body.

Fortunately, your DUI lawyer can raise two effective defense attacks:

1. -Question the source of smell
2. -Question the intoxication conclusion

One important point to take note: basic alcohol does not have any odor (or only a little). The fact is: the officer only smells the “flavoring odor” of the drink (wine, gin, beer, and scotch). And this odor can be deceptive as to the drink’s strength and amount consumed. For example, beer and wine will leave the strongest alcohol odor yet they’re the least intoxicating ones. In fact, a single beer can smell stronger on the breath than several martinis.

Furthermore, the smell of alcohol can be detected from a person who consumed a “near beer” beverage. These are non-alcoholic beverages made from yeast, hops, malt, and grain. It tastes, smells, and looks like regular beer but it does not contain any alcohol at all.

Tags: alcohol, breath-alcohol, dui, DUI lawyer, lawyer, officer
Posted in dui, dui laws | No Comments »

Securities Enforcement and Criminal Fraud Investigations

Saturday, May 30th, 2009

The grand jury and U.S. Attorney’s Office conduct federal criminal investigations. This may or may not simultaneously occur with an investigation from SEC (Securities and Exchange Commission). In addition, you may want to know the following:

• -You may assert Fifth Amendment privilege against self-incrimination to your statements in any litigation or SEC investigation.
• .

• -SEC investigations are typically civil enforcement actions. They usually seek civil money penalties, ill-gotten gains’ disgorgement, and injunctive relief.
• .

• -Evidence obtained during litigation or SEC investigation may be used for criminal prosecution by U.S. Attorney’s Office.
• .

• -However, a SEC investigation doesn’t automatically lead to criminal or grand jury investigation.
• .

• -In a SEC investigation, you can present reasons why you should not be sued. This is best done with a good lawyer by your side.
• .

• -Some proceedings instituted administratively may also result from a SEC investigation. These are heard before SEC’s administrative law judges.
• .

• -SEC may seek an order to bar clients from working in their industry, e.g. stock promoters, broker-dealers, etc. if they participated in a scheme to manipulate or defraud stock prices.
• .

• -The SEC may also bar members of their board of directors or company officers from serving in their positions when a suit has been filed against them based on a fraudulent scheme or any scheme used to manipulate stock pricing.
• .
• .

Tags: Criminal, grand jury, lawyer, SEC, SEC investigation, U.S. Attorney's Office
Posted in Criminal | No Comments »

Functions of a Family Lawyer

Saturday, May 23rd, 2009

There are periods in marriages when the husband and wife disagree. And when such disagreements repeatedly occur and escalation of divisive tendencies comes out, these may lead to divorce. When this happens, the couple needs the help of a lawyer specializing in family law.

Family lawyers do not only handle divorce settlements, they also deal with jointly-held possessions (a home for example). If the divorced couple has children, the family lawyer will also push for custody. Typically, lawyers would recommend joint custody where each parent can enjoy time with the children.

Other family law cases may also be handled by these lawyers such as:

· Grandparents’ rights – sometimes, bad feelings between a spouse and the in-laws could sprout. In this scenario, grandparents could approach a family lawyer and seek their rights.

· Domestic violence – unfortunately, citing domestic violence as a reason for divorce is very common. The family lawyer may deal with a lot of personal issues in this situation.

· Request for asylum – there are cases where the lawyer should prove that a certain family would face grave danger if deported back to their home country. The lawyer may look for medical, religious, or political reasons why the family needs to get asylum.

· Request for adoption – this can also fall under family law. Lawyers typically get permission from couples to adopt children.

Tags: adoption, asylum, custody, Divorce, domestic violence, family law, family lawyers, grandparents rights, lawyer
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

“I want a Lawyer”

Saturday, May 23rd, 2009

DUI wasn’t a big thing twenty or thirty years in the past. As long as you didn’t cause an accident or no one was hurt, you will just be given some points on your license, small fine, probably a mandatory DUI Class, and one night to sober up in jail.

Today, however, things are different. First time offense can give you significant jail time, hefty fines in most courts, costly and extensive classes to attend, and probably some community service requirements. Some insurance companies even routinely cancel the car insurance if a person has a DWI or DUI conviction.

So what can you do to prevent all this? First of all, don’t try to explain anything to the police officer arresting you. Remember that “anything you say may be used against you…”

As soon as you are arrested, cooperate fully with the police officer and say these words “I want a lawyer.” These should be the first words as well as the last that goes out of your mouth. Then repeat these words often. It would help you avoid more problems and even stop the police officer from questioning you further.

A lawyer can minimize your sentence or even throw your case out of court. Of course, there are no guarantees, but without contacting a lawyer, it may be difficult or impossible to acquire leniency before the judge.

Tags: dui, DUI conviction, DUI offense, dwi, lawyer, police officer
Posted in dui, dui laws, dui lawyers | No Comments »

Where and How should Divorce be Filed?

Tuesday, May 19th, 2009

The legal process of divorce begins by filing a petition or complaint with the court. To file this case, you should take your documents to the proper family court. Most states require that either you or your spouse live in a particular state for a period of time before they allow divorce filing.

State laws vary but typically, you may file for divorce in the county where you or your spouse lives, or where you lived at the time before your separation. The petition or complaint is the main document that you’ll need to file for a divorce. For complaints, the “plaintiff” is the spouse submitting the complaint and “defendant” refers to the other party. While for petitions, the spouse filing divorce is called the “petitioner” while the other spouse is called the “respondent.”

You need to give notice to your spouse that you have filed for divorce. The preferred method is handing the petition or complaint personally to the other party. However, other forms of notice such as publications, for example, may also be acceptable.

It’s possible to file a divorce without a lawyer, however, it’s best to consult with a divorce lawyer to help you in filing the paperwork and explain the appropriate filing process in your state.

Tags: complaint, defendant, Divorce, Divorce Lawyer, lawyer, petition, petitioner, plaintiff, respondent
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

Ninth DUI Arrest for a Man

Sunday, May 17th, 2009

Police arrested Leonard John Korpal for drunk driving. According to Winona County Sheriff’s Department, this 39-year old man from St. Charles Minn. was charged with DUI for the ninth time.

The arrest happened at 2:10 a.m. for first-degree driving while intoxicated charges. When the deputies pulled him over, they noticed that alcohol was leaking from the side door of the driver. In addition, there were other citations apparent in his arrest. Police noticed that his license was revoked or canceled, he has an open bottle of alcohol with him, and he refused the blood-alcohol concentration test that was being given to him.

Korpal was arrested on DUI suspicion because he failed the sobriety tests performed to him and alcohol was leaking from his car due to the spilt drink. In Winona County Jail (where he was taken), he wasted a lot of time trying to decide whether he will submit to blood-concentration test or not and in contacting a lawyer. As a result, sheriff’s investigator Kraig Glover already considered it as a refusal.

“He complained of chest pains and he’s making suicidal threats,” Glover added. Finally, he was taken to the Mental Health Center in Rochester, Minn. named Zumbro Valley.

Tags: drunk driving, dui, lawyer, Leonard John Korpal, St. Charles Minn., Winona County, Zumbro Valley
Posted in dui, dwi minnesota | No Comments »

Employee Rights in the Workplace

Saturday, May 16th, 2009

Depending on your profession, the state where you live in, and the size of your employer, you may be entitled to these legal protections and rights to:

• -Privacy in personal matters
• -Take a leave and care for one’s family
• -A safe workplace
• -Fair pay (at least receive the minimum wage)
• -Workplace free of harassment
• -Not be discriminated against due to age, disability, religious beliefs, pregnancy, gender, skin color, national origin, and race

If you feel that your rights have been violated, the first thing to do is talk to your employer. You’ve got to know your rights, stick to the facts, and avoid being overly emotional. In addition, document the problem to protect yourself. Gather documents and take note of events and key conversations. However, be careful to collect only the documents that you have legitimate access to. If you copy or take confidential records, it may compromise your legal claims.

Now if your employer does not seem to take your complaint seriously, then you need to take legal action. The law can help you make a claim. Take note that you might want to consult a lawyer so that you can figure out what you can lose or gain by filing a lawsuit.

Tags: employee rights, law, lawsuit, lawyer, legal action, Legal Claims
Posted in Workplace Law | No Comments »

Grandparents’ Right in Divorce

Friday, May 15th, 2009

One of the controversial issues in a divorce is the rights of the grandparents. Sometimes, a grandparent is denied access to the grandchild or sometimes communication just breaks down and no visitation schedules are discussed.

If you are facing this challenge, bear in mind that filing a case in court should be your last resort. Every effort should be made to communicate with the parents in order to spend time with your grandchild. If no agreement was reached, then mediation could be another option.

The requirements for visitation ordered by the court will vary by state. However, most states agree that grandparents are not entitled to visit if the parents of the child are still married. The following situation may be a cause for grandparent visitation:

• -Child is born out of wedlock
• -A parent is deceased
• -Parents have a pending divorce
• -Parents are already divorced

As you see, this is clearly a complicated issue. If you’re a grandparent being denied of visitation rights, you can decide to pursue a case or not. And when you choose to pursue it, the next step is to find a divorce lawyer who specializes in visitation and third party custody.

Tags: Divorce, Divorce Lawyer, grandparents, lawyer, third party custody, visitation
Posted in Child Custody, Divorce, Divorce Law | No Comments »

Police Officer Charged of Criminal Harassment

Thursday, May 14th, 2009

On July 17, a judge will sentence a regional police officer who is accused of harassing and stalking a woman and a 16-year-old girl. Jayson Doyle, a police force veteran for eight years, is charged with criminal harassment (two counts). The alleged crimes happened in between April 2006 to April 2008.

Prosecutor Alonzo Wright said that Doyle’s actions were reckless, “in fact, it made the two accusers very fearful.” On the other hand, defense lawyer David Bright defended his client by saying that prosecution was “taking a moral wrong and making it criminally wrong.” He said further that “My client is a married man and according to many people, what he did was morally wrong, but will it be legally wrong?”

In four days, Judge Robert Stroud heard 20 people’s testimony, including Doyle and the two accusers. The court heard that Doyle asked a woman to strip in front of a webcam. He also sent a 16-year-old girl a message on Facebook, called her at home and work, and parked across the street of her house to watch her.

When Doyle took the stand, he admitted that he crossed the line when he asked a woman to show her breasts on the webcam. However, he said he never threatened or pursued the woman. As for the teen, he said he thought she was 18 years old and denied that he’s harassing the girl.

Tags: Alonzo Wright, crime, Criminal, David Bright, Defense lawyer, Jason Doyle, lawyer
Posted in Criminal, Criminal News | No Comments »

DUI Cases using International Drivers Licenses

Monday, May 11th, 2009

Out there, a misconception exists that if you lose your license due to a DUI charge, you can still drive using an “international driver’s license.”

Be very careful. If you see a website that sells an international license and says you could use the license to avoid suspension for United States DUI, don’t jump on it too quickly. It’s best to consult a DUI lawyer before you try it. Based on lawyers’ professional experience, these might be scams.

For example, if you get a DUI in Arizona, the state will suspend your driving privileges in Arizona only. Even if you came from Washington and you own a California drivers license, your driving privileges in Arizona can still be suspended.

This means that you can drive legally from California up to the Arizona border only. It will not matter if you get an Oregon driver’s license in exchange for your California license. The reality still remains that if you drive in Arizona, you’re breaking the law. You’ll only be allowed to do so once Arizona reinstated your driving privileges.

It’s important to note that a “driver’s license” is different from a “driver’s privilege.” A state has the ability to revoke your driving privileges in their state, but not the driver’s license (unless it’s also from the same state, although, motor vehicle compact may also revoke your license in your home state).

Therefore, even if an international driver’s license is valid in another country, it will not reinstate your driving privileges with the state where you got a DUI charge.

Tags: Arizona, California, driver's license, driver's privilege, dui, DUI lawyer, international driver's license, lawyer, Washington
Posted in dui, dui arizona, dui california, dui laws, dui washington | No Comments »

The DUI Trial Process

Sunday, May 10th, 2009

Some DUI cases are resolved or thrown out before reaching trial. However, many will still reach this climactic point.

Jury selection is the first segment of any DUI trial. Juries are selected from potential jurors “pool.” They are usually questioned by prosecution or defense (like requesting certain potential jurors to be removed). For instance, if one of the potential jurors has strong ties with Mothers Against Drunk Driving (MADD), he or she may be taken out of the jury. This is done so that dispositions are not biased and a fair verdict will be achieved.

When trial begins, both prosecution and defense starts their opening statements. Evidence and witnesses will be presented and the opposing party may cross-examine them.

Lawyers from opposing camps will have the final chance to convince the jury during the closing arguments. Typically, the prosecution will prove guilt while the defense will argue innocence. Then, the judge will give instructions to the jury.

It’s now time for deliberation and conclusion. Some cases will take a few minutes while some take a few days. Upon reaching the verdict, the courtroom clerk will read it aloud.

With this process, it would be unwise to hire a lawyer who doesn’t specialize in DUI law. And don’t even try to defend yourself. A DUI charge is a serious matter and should be given to the hands of the expert.

Tags: defense, dui, jury, law, lawyer, lawyers, MADD, prosecution, trial
Posted in dui, dui laws, dui lawyers | No Comments »

Wage Distribution in Divorce Proceedings

Friday, May 8th, 2009

During divorce proceedings, the court will value a person’s exceptional wage earning abilities and distribute a part of it to the spouse. This comprehensive decision was written by a Supreme Court judge in New York. He concluded that the personal good will inherent in one’s career should be considered as a marital asset and must be subject to court evaluation and subsequent distribution upon divorce.

In fact, there have been many divorce decisions that recognized this – licenses and degrees were considered as valuable property rights. But it’s clear that whether corporate executives earned licenses or degrees during their careers, their career expertise would still be subject to equitable distribution.

For example, a corporate executive (even with an undergraduate degree) earns $35,000 in a year. But because of the experience and special skills acquired during marriage, the salary increased to $350,000 a year. In this case, the courts will determine the average pay of college graduates in the area (say $85,000), deduct it to the present value sum ($350,000 less $85,000 = $265,000), multiply the years before reaching retirement (say 15 years), and then discount the result to the present value sum.

So for our example, $265,000 multiplied by 15 years is $3,975,000 in enhanced earnings. The discount amount may only be $1,800,000 depending on the discount rate employed.

Most people are truly shocked by this. Nevertheless, this type of computation is often played in divorce courts. But since this evaluation process is more of an art than an exact science, selecting an experienced divorce lawyer will surely soften the blow.

Tags: court, Divorce, Divorce Lawyer, earnings, lawyer, New York
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

Brant-Seymour Shocking Divorce

Thursday, May 7th, 2009

Public figures divorce all the time, yet many people still think that it’s such as waste. These people seem to be a perfect match. Yet, another celebrity couple filed for divorce – supermodel Stephanie Seymour and billionaire Peter Brant.

They have three children – Lilly, 4, Harry, 12, and Peter, 15. After 16 years of marriage, Seymour and Brant are set to appear in Greenwich, Connecticut court on Monday.

Reportedly, Brant will argue (through his lawyer) that Seymour is unfit to be a mother to her kids. Therefore, he’s going to fight for custody. The split is fast becoming controversial since Seymour told a friend that they still live in the same house but she’s currently sleeping with the maids in their quarters. “I’m trying my best to keep things amicable. It’s tough and he (Brant) is playing dirty with me,” she added.

Brant is the CEO and owner of a newsprint corporation. He’s also the publisher of “Art in America” and “Interview.” Originally from Connecticut, his hobbies include playing polo and collecting art.

Meanwhile Seymour is from San Diego and she has been modeling since 14 years old. She won the Look of the Year contest from Elite Model Management and appeared in the swimwear issue of Sports Illustrated. She’s also a former model of Victoria Secret.

Tags: Connecticut court, custody, Divorce, lawyer, Peter Brant, Stephanie Seymour
Posted in Celebrity Divorce, Divorce | No Comments »

Your DUI Case is not Hopeless

Tuesday, May 5th, 2009

A DUI charge doesn’t necessarily lead to instant convictions. Actually, there are many ways to challenge it. If you speak to an experienced DUI lawyer, he or she can assess your case. In many instances, an attorney may clear your record fully, or keep consequences to a minimum at the very least.

Challenge your initial arrest – when you’re arrested by a police officer under suspicion of DUI, he or she should have a probable cause as prescribed under the United States constitution. If your arrest is based solely on a random basis, an anonymous tip, or on “suspicious” reasons such as race and ethnicity, then your DUI lawyer can question this arrest.

Challenge your questioning – upon arrest, officers must read your “Miranda rights,” which is composed of specific rights to remain silent, entitlement to a lawyer, etc. So if you’re arrested and the officer didn’t recite these famous lines, your DUI lawyer’s defense will move towards a violation of your rights.

Challenge your tests – in most states, officers will require a test (urine, saliva, blood, or breath test) to check the level of alcohol in your blood. Even if you failed on these tests, your DUI lawyer can question the functionality and maintenance of breathalyzers, as well as the medical qualification of the person who did the blood alcohol testing. On these grounds, your case is definitely not an instant losing battle.

Tags: breathalizers, dui, DUI lawyer, lawyer, Miranda rights
Posted in Uncategorized, dui, dui laws, dui lawyers | No Comments »

Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
Posted in Criminal, Defense lawyer | No Comments »

Mediation: A Better Way to Divorce?

Monday, May 4th, 2009

Even if getting a divorce is the right thing to do, it can still be a difficult process. For many couples today, they go through mediation because it’s less painful.

Typically, traditional divorce treats the spouses as enemies. Each person has a lawyer and they try to claim as much as they can for their client. A judge may make the final decisions if the couple won’t agree. But sometimes, both are not happy with the outcome.

In mediation, however, the couple will be the ones to reach an agreement. The mediator is there only to help them communicate. And since the couple makes the decision, then they’re more likely to stick with it.

Mediation will only work if:

· The spouses agree on getting divorce

· They can talk calmly and make decisions without fighting

· They want to stay in good terms

· They respect and trust each other

However, don’t think that a lawyer is not necessary if you opt for mediation. It’s always a good idea to retain a divorce lawyer who will inform you of your legal rights before starting mediation. You can also request a lawyer to review the mediation agreement before you sign it. To find a lawyer, you can always consult an online law directory.

Tags: Divorce, Divorce Lawyer, law directory, lawyer, mediation
Posted in Divorce, Divorce Lawyer | No Comments »

Work Laws Compensate for Injuries

Sunday, May 3rd, 2009

When employees are disabled or injured on the job, they should be provided with permanent or fixed monetary awards. This is already stipulated in work laws; therefore, there should be no need for litigation.

However, there are times when private employers or companies undermine these laws. Take note that if they failed to pay you or your co-worker for injuries sustained on the job, you can contact a workers compensation lawyer in your area to seek help.

Work laws include:

• Factory machine injuries
• Construction accidents
• Work vehicle accidents
• Wrongful death
• Disability
• Slips and falls

You can request a “commutation” if you want a part or your entire permanent disability award in a lump sum. Through the order of your local Worker’s Compensation Administrative Judge, payment can be made either through you or your lawyer.

On the other hand, “compromise and release” is a workers’ compensation case final settlement. The parties will agree on one lump sum payment which usually settles all issues except for the employee’s future vocational rehabilitation.

In 2002, private companies reported that there were 4.7 million illnesses and non-life threatening injuries. With this result, there were 5.3 cases of work-related injuries per 100 full-time workers, as surveyed by Bureau of Labor Statistics.

Tags: commutation, compromise and release, disability, law, lawyer, work laws, workers compensation lawyer
Posted in Disability Benefits, Injury | No Comments »

Three People injured in Los Angeles Car Accident

Thursday, April 30th, 2009

A 15-year-old boy and 21-year-old girl suffered major personal injuries when a head-on crash occurred between a Ford F-150 pickup truck and a Nissan Altima.

According to reports, Raquel Christian Leon (21-year-old Nissan’s driver) was surprised to see Derik Armstrong (19-year-old F-150 driver) travel west in Leffingwell Road’s eastbound lanes. Leon was with a 15-year-old boy while Armstrong was with a 17-year-old passenger. Everyone was taken to the hospital and no one was arrested yet, pending an investigation.

Officials have no clue why Armstrong was on the wrong side. Could he be under the influence of drugs or alcohol? Or was he disoriented or distracted for some reason? Whatever it is, he caused a car collision leaving three people with serious injuries.

In vehicular accidents like this, the injured victims should consult an experienced injury lawyer to advice them of their options and legal rights. If the injury was proven to be caused by the negligence of another driver, the victims may receive compensation that will cover property damage, loss of wages, medical bills, and other related expenses.

Statistics of California Highway Patrol reported that there were 411 injuries and nine fatalities of traffic accidents in Whittier (including this car collision). While for the entire Los Angeles County, there were 56,475 injuries and 712 deaths during the same period.

Tags: California Highway Patrol, Derik Armstrong, Injury, injury lawyer, lawyer, Raquel Christian Leon, Whittier
Posted in Injury, Personal Injury | No Comments »

A Closer look at Arizona Divorce

Thursday, April 30th, 2009

To end a marriage legally, you need to undergo a court process called “divorce.” This is called “dissolution of marriage” in Arizona.

Their “standard marriage” uses a no-fault divorce where a spouse does not need to prove responsibility or blame to end it. The court simply asks if they have an “irretrievably broken” marriage, meaning, there’s no chance that they would want to stay together.

While in “covenant marriage,” the court is a little bit strict. Presumably, this is a higher marriage standard in Arizona. Grounds for dissolution of this marriage include:

· Both spouses agree to divorce

· Habitual alcohol or drug use

· After obtaining a legal separation, the spouses should have lived separately for a year or two

· Commission of domestic violence either against the spouse or child

· Abandonment for more than a year

· Felony conviction which mandates death or imprisonment

· Adultery

Prior to filing divorce, one of the couple must be an Arizona resident for 90 days at least. The legal process begins when a spouse files a petition with the Superior Court. However, when both parties already agree about child support and child custody matters, as well as debt division and property, then their divorce can be settled without trial.

An Arizona lawyer is well versed to advice you on the complexities of Arizona law. Find one today in a reputable lawyer listing online.

Tags: Arizona, Arizona lawyer, covenant marriage, dissolution of marriage, Divorce, irretrievably broken, lawyer, lawyer listing, standard marriage
Posted in Divorce, Divorce Lawyer | No Comments »

Wrongful Death Cases Explored

Wednesday, April 29th, 2009

Medical malpractice and wrongful death are cases involving lawsuits or claims where another’s negligence, product, or conduct caused death. These cases may involve family members of decedents, administrators, estates, and executors.

Most of the time, the period after suffering the fatality could be overwhelming. Experts recommend that you communicate with the investigators. Of course, it also helps if you have a lawyer who will remain objective and understanding in dealing with the parties involved.

Aside from this, you could also be involved in the estate’s personal injury lawsuits and claims. Most likely, these cases were unresolved before the death of the decedent. For example, when somebody was injured from a car accident before death, it may not necessarily lead to a lawsuit against the person responsible for it.

First, an investigation should be conducted on whether the death of the decedent was due to the injuries sustained from the car accident or not. Sure, the case of the deceased will still proceed; however, it may involve unique challenges due to the absence of the decedent’s direct testimony.

Bear in mind that the estate attorney you need to hire should have experience in handling or litigating death claims. Also, he or she should not have conflict of interest between the litigants and the estate. If you wish to find a new attorney or change your existing one, it’s best to seek referral from an attorney directory online.

Tags: attorney directory, estate attorney, Injury, lawyer, medical malpractice, personal injury, Wrongful death
Posted in Injury, Wrongful death | No Comments »

Tips in hiring a Divorce Lawyer

Wednesday, April 29th, 2009

Lawyers handling corporate matters or personal injuries will not be very useful in divorce cases since they may have little or no understanding of family law. Typically, most firms indicate their area of their expertise so you can be guided on whom to hire. They also take on pro bono cases.

A pro bono case may be taken in for free or for a reduced fee. Check to see the criteria established by your local or your State Bar Association if you are financially eligible for it. If you’re not qualified, then you can get divorce lawyers who will usually charge you per hour.

If this is the case, then you have to keep a watchful eye on your bill. Don’t just accept something like “fees for services rendered.” Instead, demand for a detailed statement. Consult them immediately if there are entries you don’t understand.

Moreover, never hire a lawyer based simply on oral agreements. This will surely lead to conflicts and misunderstandings. Rather, create a fee agreement in writing known as “retainer agreement” so that you have a record of all your negotiations and terms.

Furthermore, hiring a lawyer doesn’t mean that you’ll no longer lift a finger to do some work. You should read articles and research materials online about family law. Ultimately, you must be the one making the decisions on how you would like your case to proceed. After all, it’s your future and your life at stake.

Tags: divorce lawyers, family law, lawyer, lawyers, pro bono, retainer agreement, State Bar Association
Posted in Divorce, Divorce Lawyer | No Comments »

Importance of Criminal Law

Tuesday, April 28th, 2009

The public’s familiarity with criminal law usually comes in fragments – from books, television, and movies. However, when real issues come, we still need to seek professional help. Ask a lawyer to understand the law, because ignorance of it excuses no one.

When it comes to criminal law, the government and society decide on certain conduct damaging to property or dangerous to citizens. It is labeled as “crime” and committing it will result to fines or imprisonment. For example some cities may proclaim that smoking in public is considered as a crime, while the federal government includes bank robbery in its crime list.

The whole system of criminal law pertains to investigation, arrest, conviction, and sentencing. People who play roles in this process consist of correction officers, probation officers, witnesses, judges, criminal defense attorneys, bail bondsmen, prosecuting attorneys, police officers, and the accused.

The outcome of the case would depend on the crime charged, strength of evidence, strategies and goals of defense and government, as well as the legal validity of courtroom procedure and law enforcement. These are possible outcomes:

• The criminal investigation ended without an arrest.
• The arrest occurred, but there was case dismissal because of illegal seizure of evidence (done by the police).
• The suspect was charged with a crime, but the person (though a lawyer) pleaded or bargained with the government to grant some form of leniency (like a lighter sentence for example).
• The suspect was brought to trial and was found “not guilty” by the jury or convicted by the jury and sentenced to a prison term.

Tags: ask a lawyer, crime, criminal law, lawyer
Posted in Criminal | No Comments »

Mel Gibson’s Divorce

Tuesday, April 28th, 2009

News of Mel Gibson’s inevitable divorce quickly spread like wildfire. Robyn Gibson, his wife for 28 years filed for divorce on April 10, 2009 at Los Angeles Superior Court. She cited “irreconcilable differences” as the reason.

In her statement, she said “We’ve always tried to maintain the integrity and privacy of our family throughout our marriage and recent separation. We will still continue to do the same.”

Mel and Robyn have seven children. Since the couple did not sign a pre-nuptial agreement, their divorce is expected to break all records and become the most expensive one on file. Under U.S. law, Robyn would be entitled to 50% of Mel’s $900 million fortune. This includes a Catholic church in California, ranch in Costa Rica, a private island in Fiji, and several properties in Malibu.

Robyn’s lawyer previously represented Kiefer Sutherland, Angelina Jolie, and Britney Spears. Among others, she is fighting for legal fees, spousal support, and joint custody of the youngest child.

Many believe that photographs of Mel and his Russian girlfriend (Oksana) seen kissing on a Costa Rica beach prompted the divorce case filing. Reportedly, the pair became close on the movie set of “Edge of Darkness” where they were seen leaving his trailer together.

Tags: Divorce, lawyer, Los Angeles Superior Court, Mel Gibson, Oksana, Robyn Gibson
Posted in Celebrity Divorce, Divorce | No Comments »

Prevent DWI Record in Minnesota

Tuesday, April 28th, 2009

In Minnesota, a DWI (Driving While Intoxicated - same offense as DUI) charge will remain indefinitely on your record. This may prohibit you from traveling to Canada or other countries. It may also mean vehicle treatment costs or forfeitures, plate impoundments, license revocations, alcohol assessments, fines, or skyrocketing insurance rates (sometimes more than $350 per month).

Therefore, a DWI record has the potential to change your life forever if you don’t make the right decisions now. Fortunately, your DWI case may have a chance to be reduced or dismissed if you’ll hire a Minnesota lawyer. Since DWI is a specialized area of practice, your lawyer can think of unique strategies to defend you.

In fact, there are many DWI defense challenges such as:

· What is the probable cause for the police officer to suspect drunk driving or criminal activity in your vehicle and prompted him or her to make an arrest?

· Did the officer follow the necessary arrest procedures based on the law?

· Were your constitutional rights violated?

· Was the test to measure BAC (blood alcohol level) properly administered?

· Was the machine used for the test properly maintained?

· Were you read a DWI Implied Consent Advisory?

True, fighting DWI can be complicated. But if you can find a lawyer who will help you, then you’ll have a better chance of winning the case. The best counsel can be found in numerous lawyer directories online.

Tags: counsel, dui, dwi, lawyer, lawyer directories, Minnesota, Minnesota lawyer
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Traumatic Brain Injury Lawsuit Process involving a Child

Monday, April 27th, 2009

Generally, when a child is involved in a traumatic brain injury lawsuit, your lawyer will coordinate with the insurer of the person responsible for the injury. The main objective would be to demand money. However, insurers rarely agree to demands like this. Therefore, a lawsuit will definitely be filed.

Since the child is a minor, the lawsuit will be filed under an adult who can stand as the representative or guardian. This is usually a parent or relative taking care of the child.

Every case is unique. However, most cases will follow these stages of the lawsuit process:

• Discovery stage

Opposing parties usually collect information such as the child’s medical records or the parent’s financial records. Your personal injury lawyer may hire different medical experts (mostly doctors) to examine your child.

• Deposition stage

This is the part when interrogatories or written questions are exchanged. The person responsible for the injury, the parents, and the witnesses may be questioned in person by both sides. The person being questioned needs to take an oath and tell the truth while a court reporter records every word being said.

• Settlement stage

During the Independent Medical Examination (IME) of the child, a video will be shot to show the injury effects. At this stage, a settlement will usually occur. If it does not, both parties will proceed to trial.

So if your child suffered an accident resulting to injuries, it would be best to seek help from a personal injury lawyer right away. This will ensure that your rights to recovery, if any, are preserved.

Tags: deposition, discovery, IME, lawyer, personal injury lawyer, settlement, traumatic brain injury lawsuit
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