Wills for Firefighters

Tuesday, 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
Posted in Wills | No Comments »

Suing a Family Trust

Friday, 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
Posted in Family Trust | No Comments »

Agencies Seek Aid and Share Needs

Tuesday, July 7th, 2009

At the summit called “Behind the Front Lines,” several directors from local nonprofits have stressed to financial planners that depth of need is not met locally due to budget cuts and flagging economy. The summit was presented by Planned Giving Council of Southwest Florida and Manatee Community Foundation.   It was a chance for the leaders of nonprofits to connect with a lot of financial planners, who typically help clients make the right choice in charitable giving (some lawyers can also help in this area).

Social services tend to hype their organization efficiency and the quantity of aid they provide because political support and government funding are on the line.  According to Laurel Lynch, Hope Family Services executive director, “The demand is so high yet resources are not keeping up.”

Directors of Manatee Glens, Hope Family Services, Community Coalition on Homelessness, St. Joseph’s Food Pantry, and Meals on Wheels PLUS made five-minute presentations on the state of their community and agencies.  To take a snapshot, 2,075 children were homeless from birth until 18 years old during the past year, and Manatee Glens is giving addiction services and mental health in one out of every 30 families.

Hopefully, the testimonials have made an impact on those financial planners in attendance.  And after the summit, the people have understood that there is a need affecting the whole community.

Tags: Behind the Front Lines, directors, financial planners, Laurel Lynch, lawyers, nonprofits, Planned Giving, summit
Posted in Planned Giving | No Comments »

Event Helps Heroes to Prepare their Wills

Tuesday, June 30th, 2009

Men and women who are putting their own lives on the line each and every day to serve and protect the people should have readied documents to protect their families’ future and assets when an unfortunate event happens to them.  This is according to the lawyers that came to Moriarty Civic Center on Saturday.

Torrance County launched “Wills for Heroes,” a public service program that offers free health care directives, power of attorney, and wills for first responders as well as their spouses.

Eleven attorneys came to draft the documents at Civic Center, many of them coming from Santa Fe and Albuquerque.  First responders were invited from the county including paramedics, police departments, and fire departments.  The service is free, with a potential savings of $600 - the average cost of creating and notarizing all the wills and other documents needed by a person and their spouse.   ”It’s a one-stop shop and the people will have legally active documents when they walk away from here,” said Matt Page, Assistant District Attorney.

“I want to create a will because I don’t want machines to keep me alive if I become incapacitated, and I also don’t want my own family to make these kinds of decisions for me,” says Susan Enchinias, Moriarty Police Officer.  

Tags: Albuquerque, assets, attorney, attorneys, heroes, lawyers, Moriarty Civic Center, police officer, responders, Santa Fe, Wills
Posted in Wills | No Comments »

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 »

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 »

Opposition for Liability Laws Change

Friday, May 22nd, 2009

More than 50 organizations and businesses joined together to oppose the bid to change liability laws of Wisconsin authored by Gov. Jim Doyle. This proposal called “joint and several liability” is predicted to increase civil lawsuits and victims receiving full damages.

Doyle’s proposal states that the defendant may not be found equally or more liable than the plaintiff. This means that even if the business owner is only 1% at fault, he or she has to pay 100% of the damages. Trial lawyers supporting the change say that this rarely happens while opponents say that it’s unfair.

Members of the coalition opposing the proposal include the state Hospital Association, Tavern League, Wisconsin Manufacturers and Commerce, Farmers Union & Farm Bureau in the state, tourism groups, and ski resort owners. They say that this change would raise insurance rates, bring more lawsuits, and would even drive some owners out of business.

According to Madison’s Chevrolet general manager, Tom Thorstad, “I’m really frightened to think of what will happen to Wisconsin’s business climate. My dealership has already cut worker hours and overtime but the proposed laws could inevitably cost my business even more.”

Meanwhile, trial lawyers accused businesses of employing scare tactics. Fears about the state’s business climate change were unfounded because this law would actually improve the existing one. Current liability laws in Wisconsin state that the defendant will not be held liable for damages in any accidental injury or death unless they’re at least 51% at fault.

Tags: Gov. Jim Doyle, law, laws, lawsuits trial lawyers, lawyers, Madison, Tom Thorstad, Wisconsin
Posted in Injury, Personal Injury | No Comments »

Walsh-Young Divorce getting Ugly

Thursday, May 21st, 2009

The bitter divorce of Kate Walsh and Alex Young has been escalating its collateral damage. In fact, ABC’s head honcho, Stephen McPherson, is already seeking protection from the court!

McPherson is effectively Walsh’s boss. Young subpoenaed McPherson for a deposition (testifying about the finances of Kate Walsh). The actress’ estranged husband alleges that Walsh is hiding some financial information from him.

Meanwhile, Disney’s lawyers have already filed legal papers asking for court order to block such deposition against McPherson, who is currently the President of ABC/Disney Television.

Young believe that Walsh isn’t coming clean with all the assets acquired during their 14-month marriage. Jeff Sturman, his lawyer, fired the subpoena because he claimed that McPherson has a unique knowledge about the financial situation of Walsh.

As you may recall, Kate Walsh is the star of Grey’s Anatomy for two seasons. Later on, she bagged the lead role on Private Practice, which had a moderately successful spinoff series.

According to the lawyers of Disney, Young is harassing their client because when Walsh acquired the Private Practice role, McPherson was not running ABC Studios at the time. Meanwhile, Alex Young (20^th Century Fox movie executive) and Disney will fight this in court on July 8.

Tags: Alex Young, deposition, Divorce, Grey's Anatomy, Kate Walsh, lawyers, Private Practice, Stephen McPherson
Posted in Celebrity Divorce, Divorce | No Comments »

Happy Divorce: Is it Possible?

Sunday, May 17th, 2009

You’ve heard of a happy marriage, but do you think it’s possible to have a happy divorce? The answer is yes, according to a huge number of lawyers. There’s such thing as “collaborative divorce,” which typically brings cooperation and civility to a bitter battle.

Instead of sparring in court, attorneys of both parties will agree to work towards an amicable divorce wherein both sides will be happy. Along the way, they can receive guidance from a financial adviser and neutral mental-health professional.

They say collaborative divorce is cheaper, less divisive, and faster than traditional divorce. Also, it’s more private since the parties will not step inside a courtroom unless the final paperwork was already filled.

An Orlando attorney, Richard West, said “It’s better for clients and for their families too.” Husbands and wives will have their own lawyers who are there only to give legal advice and meetings are presided by a mental health professional that should be neutral and not take any side. This counselor will also steer the discussion towards a productive direction to minimize sniping.

The goal of the meeting is to help design a plan and work out what’s best for the children. Barbara Kelly, Maitland psychologist, said “From the start, you’re focusing on the children, and ex-couples who came out through it say that their communication with each other also improved.”

Tags: attorney, attorneys, collaborative divorce, counselor, Divorce, lawyers, mental-health professional, Richard West
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

DUI Conviction of Airline Pilots

Friday, May 15th, 2009

Are you wondering about DUI rules on airline pilots? Federal Aviation Administration (FAA) has set a rule that those commercial pilots who are convicted (not just arrested for) DUI must report it on their medical application at the time of their renewal. Then, they must notify FAA Civil Security Division in writing.

The FAA should be notified within 60 days after the date of incident. Disclosure on a medical certificate or calling the local FAA will not suffice. In addition, the pilots should report any action taken on their driver’s license emanating from a DUI arrest. For example, refusing a breath/blood alcohol test or failing a test.

This report should also be made in writing and submitted to FAA’s Oklahoma Office within 60 days of suspension. In cases where a particular pilot suffers from both an administrative license suspension and a DUI conviction, he must report both of them to Civil Security Division or else face a non-reporting violation.

However, note that only one of these two reports may be used for suspension or revocation of your license. According to FAA, they need at least two separate incidents within three years to deny your application or suspend/revoke your pilot license.

Protect your license and get help through this mess. You can call AOPA (Aircraft Owners and Pilot Association) or search for a lawyer directory online to seek assistance.

Tags: AOPA, Civil Security Division, dui, FAA, lawyer directory, lawyers, pilots
Posted in dui, dui laws, dui lawyers | 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 »

To File a Criminal Case or Not

Tuesday, May 5th, 2009

Justice Department officials stopped recommending criminal charges against the lawyers of the Bush administration. Steven Bradbury, John Yoo, and Jay Bybee were the lawyers who wrote secret memos to approve harsh interrogation techniques on terror suspects.

Critics say that their techniques are just the same as torture. Therefore, the initial recommendation of investigators is to refer these lawyers to state bar associations, where professional sanctions can be levied against them, the most severe of which is disbarment.

Yoo is a professor working at University of California-Berkeley; Bybee is a 9^th U.S. Circuit Court of Appeals judge; while Bradbury returned to private practice as soon as he left government at the same time as the end of former President George W. Bush’s term.

Although the investigative report was still in draft form, Attorney General Eric Holder may determine the steps to take upon finalization of the report. Most of the work was completed, but the possibility of criminal charges was not mentioned in the letter as well as the names of the lawyers under scrutiny.

This inquiry has been running around like a politically-loaded guessing game – some people are advocating criminal charges while others are urging to drop the matter. Meanwhile, Office of Professional Responsibility is still investigating the matter. They are looking at possible ethics violation, and on rare occasions, inquiries like these become full-blown criminal investigations.

Tags: Attorney General Eric Holder, Criminal, Jay Bybee, John Yoo, Justice Department, lawyers, Office of Professional Responsibility, Steven Bradbury
Posted in Criminal, Criminal News | No Comments »

Social Security Disability Lawyers increase your Chances of Winning

Friday, May 1st, 2009

Social Security Disability program provides monetary assistance to disabled people. In their definition, disability means the inability to engage in a gainful activity due to a mental or physical impairment which will last for more than 12 months or expected to lead to death.

People who are qualified to avail of this benefit know that it’s important to hire social security disability lawyers to help them in their claim. However, you need to understand that these lawyers are not there to expedite the entire process. The main goal of social security disability lawyers is to increase the chances of winning your claim for benefits at every level of the process.

Since most insurance and income claims are denied at initial application and reconsideration level, it can be appealed to Administrative Law Judge level. Then, you can be scheduled for a hearing. This is where you need the help of a social security disability lawyer to increase your chance of success.

These lawyers typically have the experience to gather and evaluate your medical documents in order to prepare the right format required by the Administrative Law judge. The most important thing that they do is decipher and answer all the questions of the judge and showcase their expertise in navigating through the hearings.

Tags: Administrative Law Judge, lawyers, social security disability lawyers, Social Security Disability program
Posted in Disability Benefits, Injury | No Comments »

Drunk Driving: A Serious Charge for Teens

Thursday, April 30th, 2009

According to statistics, nearly 70% of teenagers have already consumed alcohol - whether hard liquor, wine, or beer.  Even if it’s illegal to sell these beverages to minors, still, there are irresponsible people doing it.

In fact, many teens have been caught for DUI (driving under the influence).  Also, more than 3,000 teens die of drinking and driving every year.  Why does this happen?

Most of the time, teens succumb to peer pressure.  Since parents do not allow them to drink at home, they resort to drinking in parties and neighborhood hangout.  And because of inexperience with alcohol, they often consume more than they could handle.  Therefore, they’re intoxicated while driving home.

The 18-year-olds record the highest crash rate.  Apparently, they feel that they’re indestructible, especially if alcohol is in their blood.

Though alcohol limit is usually between .08 - .10, most states apply zero tolerance laws to teen drivers.  So if teenagers are caught with any blood alcohol level (BAC), he or she will immediately be arrested by the police and charged with DUI.

Take note that this is a serious offense.  So when this happens, consult a DUI lawyer right away.  Lawyers can give help and legal assistance.  They can be found online through numerous websites and lawyer listings.

Tags: BAC, dui, DUI lawyer, lawyer listings, lawyers, teenagers. alcohol
Posted in dui, dui laws, dui lawyers | 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 »

Detailed Documentation is Essential in a Personal Injury

Tuesday, April 28th, 2009

A lot of people involved in an accident don’t seek prompt medical attention. As a result, they fail to document the result of the accident and how it occurred. So when it’s time for them to file the insurance claim, they don’t have proof of evidence to support it.

Lawyers recommend that you proceed to an emergency room or hospital and see a doctor right away after an accident. Don’t just go home even if there are no physical injuries in your body. If the test results turn out that you’re not seriously hurt, then that’s great. However, if there is an underlying serious injury, then you’ll be treated right away. Also, this fact will be documented by the attending emergency room doctor.

Also, don’t just rely on the police to get all the necessary information. You need to write down names, phone numbers, and addresses of the witnesses during your injury. These people can help testify and support your version of the story.

Then, write an incident report detailing what happened and how the injury affected you – how you feel, your time loss from work, and other costs associated with your sustained injuries. This kind of documentation will not just help you remember the facts clearly, but more importantly, it can be a major tool to recover due damages from the insurance company of the other party.

Tags: accident, documentation, incident report, Injury, lawyers, personal injury
Posted in Injury, Personal Injury | No Comments »

Is your Criminal Defense Attorney Reliable?

Monday, April 27th, 2009

Lawyers are human beings too. This means that they’re not perfect. However, when your freedom is the one at stake, you simply can’t afford sub-par performance from your criminal defense lawyer. So here are some things to watch out for:

• Your attorney should frequently mention about new pleas from the ADA (Assistant District Attorney)

As much as possible, constant negotiations should be made on your behalf. Therefore, you must expect your attorney to bring you new or improved offers from ADA.

If he or she tells you that the 2-year jail term offer has not yet changed since the last 3 months, then a red flag must rise up in your mind. Attorneys should never cease to find new evidence or at least go back to the negotiating table with fresh material to argue for a better deal. Nothing is written in stone so don’t accept it if your attorney says that the offer is final and there’s nothing that can be done about it.

• Your attorney should file every detailed discovery motion

Without exception, make sure that any specific and detailed discovery request based on procedures in your state and rules of evidence is promptly filed. Your objective here is to dismiss charges down the road if ever additional evidence suddenly comes up. Therefore your attorney should get an effective and clear discovery motion or court order that the burden was with ADA to turn over all evidence long ago.

Tags: ADA, attorney, attorneys, criminal defense lawyer, lawyers
Posted in Criminal | No Comments »

New York DUI Arrest is Unique

Friday, April 24th, 2009

If you’re arrested for DUI in New York, it can trigger two separate cases. First is DWI (Driving While Intoxicated), which is a criminal case in court. The second is DMV (Department of Motor Vehicles) case, where your driving privileges may be suspended by New York DMV if you’re accused.

Moreover, DWI cases in New York can fall under two theories. Your violation can either be just breaking the law “per se” based on alcohol level, but without driving impairment. The other one is breaking the traditional common law where you lack the necessary mental and physical skills to operate a vehicle as a prudent and reasonable driver.

Bear in mind that if there’s a traffic accident, you refuse to take the chemical test, you attempt to evade the police, or your BAC level is more than .15, then your DWI (also known as DUI) case might have harsher penalties or punishment.

Drinking and driving laws in New York are unique. One of them is giving motorists the right to consult with their lawyers before deciding to take the chemical test. Lawyers in New York are already aware that late-night calls are a part of their job description. Therefore, when in New York, make sure you consult first with a qualified lawyer upon DUI arrest.

Tags: DMV, drinking and driving, dui, dwi, lawyers, New York
Posted in dui lawyers, dui new york | No Comments »