The Basics Of Making A Will

For most people, talk of wills is taken unpleasant and only discussed when necessary. Some try to avoid the subject at all cost, but in reality, it is never too early to make a plan. Once you have settled down, it is even more important to have a will to provide for your family and to reduce additional loads during times of stress and sadness.

Although there are several approaches to making a will, the most effective way is with a carefully thought out discussion with your family, have a lawyer preparing a formal commitment and the will and keep it on file for future changes.

There are the forms online and kits that can be downloaded for very low cost which can help the breakdown of the issues that must be detailed and is an excellent starting point for making a plan

Of course, all countries, States and provinces have different laws that apply depending on where you live, and even where you die, these are just a general guideline to help you understand what really means a will.

The basic principles

Essentially a will is a binding document that can be changed to legal death. He named recipients of your estate and appoints the executor to assist in the distribution of the assets and the name also the guardian of all minors as an individual may have.

The executor is someone that you have chosen which is worthy of trust and awareness of their role. They will be officially appointed by a Court of probate and are expected to sort through your estate, settle debts and funeral expenses. They liaise with counsel, make decisions and achieve the greeting based on the requests stated in the will.

If there is no chosen executor counsel will take in charge the task or appoint a professional service, there are considerable assets to disperse.

A beneficiary is typically, family, friends and may also be organizations and charitable organizations that are included in the distribution of assets. Most of the time what is a condominium is automatically passed to the surviving owner however be very clear that all names are included on assets all jointly full and accounts.

Things to consider

A will certain exclusions and which must be taken into account. All payments, retirement and insurance life plans you may have in existence will have asked you can appoint a beneficiary when initially established and therefore are also legal and binding contract. These contracts will be replaces what is stated in the will; therefore, it is imperative that you know who the beneficiary on all documents is.

Most of the family lawyers can prepare the will and provide legal advice at a standard rate. They provide you with a copy and make changes and requests for change of time and the circumstances. There will be a fee for each change of such a review every two years should be put in place to stay updated. Even though it may cost more than a plan "do it yourself", you can be sure to have your legal rights maintained without additional concern.

It takes time to gather the pieces after a death and a legal commitment in place, the healing time may be made a little less stressful. Take time now to plan and maintain the peace of your family the reason to do so.

The Art Of Private Investigation And Process Serving

When you need a good process server to hand out legal documents on behalf of a client, you want the best and most knowledgeable. There are so much "ins and outs" involved with the legal process making it necessary to look for a well-trained and highly qualified server who knows all the laws and regulations involved in the process here in the United Kingdom.

Trace or track them down

In the service of documents may be the easy part! Find their first can often prove difficult, because many people often move, rent an apartment without a rental contract and just stay transient when they realize that someone may be hunting for them. Conclusion may be part of the finesse involved throughout the process and a successful conclusion can be had once these legal documents are served. Skip tracer specializes to find those who choose to be elusive, and even those who choose unconsciously appear to be evasive.

Process serving on people who default

Service of documents is not identical to a repossession of property, but in both cases, the officer must be professional and how best to manage the situation. The agents available throughout the country are vital to find quickly and at the service of paperwork or forms. Earlier these documents are delivered more quickly the whole process can be found, and that saves the trouble, time and money.

Modern equipment facilitates processing and ease of tracing

Today the server process or the skip trace will find that their employment is much more quickly and with the help of some modern equipment such as a GPS device and computer search engines easily. Use of cell phones today helps when trying to locate a person who chooses to avoid the difference. Moreover, the use of a GPS device will prove valuable when stalking the elusive addresses and travelling through unknown territory.

Risky repo reaping rewards

Those who are not their monthly payments on time often find themselves running several months late. Repossession agent knows how to use this vehicle or other assets and make short work of getting your property you returned in good condition. It may involve processes using first or will simply retrieve the vehicle however possible and often payments be updated fast enough, then property can be returned to the client once more.

Investigation of insurance saves money

Accidents happen and it is a fact! When a person is involved in traffic, accident there is often a party, which is determined in default. Several times this process is managed by the local police, but when he was not a tabled report someone has need to determine who was at fault and how much blame to be placed on each party who has been involved. Insurance companies that provide coverage for their insured drivers need help of a specialized investigator who can save money with an honest report and also to save the future increases in premiums paid by good careful drivers.

Counsel For Hard Times - How To Get Affordable Legal Assistance When You Need The Most

How an ordinary person can get an attorney when they have a need? Lawyers charge much! Their fees may vary $ 100 the time at $200 time, in a region rural and small town, at $400 time in major cities especially if you recruit a larger business, where there are more resources available to you. The national average billing rate is $284 time.

Most of the time, this does not even cross your mind because you are not in legal trouble. If we are involved in a criminal situation, we can get a public defender, for better or for worse. However, there are as many times as having, an available attorney would make all the difference, and yet we cannot allow it. What happens if the laundry ruins a precious garment and does not refund the money? What happens if we become one of the million Americans who have become behind their mortgage or credit card and the creditors of breathing down their neck? What are our rights? What happens if we need to go out on disability and wonder if we can do any amount of money at all without breaking the law? It would be useful that we have someone to tell us what our rights are, if we could just call a lawyer without breaking ourselves financially. Moreover, if we just a lawyer write a letter for us? It is surprising how the correspondence of a lawyer may change the attitude of some difficult people and companies, and if we are left without access to legal services, we are out of luck.

What happens if we do not have a will? Fifty-five percent of Americans will die this includes 52% of white Americans compared with 68% of African-Americans and 74% of Hispanics. Every American should have a will, but it seems that the lowest percentage of African Americans and Hispanics have a will is due to less access to legal services. Unfortunately, when you die without a will you leave your family to take care of practical headaches that could have been avoided and finally in fact lose thousands of dollars. There are actually two issues that occur when you die without a will: lead you your family even more emotional turmoil at the time where they are already suffering and the courts should appoint an administrator to dispose of your property, in a manner that could be very against your will.

How about traffic tickets or worse even DUIs? An offence, even something that will hurt not anyone can wreak havoc in your life with huge fines. Even parking spaces can be ridiculously expensive. A lawyer can help.

What happens if the IRS watches you closely? If you get the tax problems and you are not rich, you can be in hot water. The rich have all kinds of resources, but you are in trouble if you do not have access to a lawyer at the time like that.

Most of us realize that it would be nice to have available counsel when times are really difficult or even if you do very well, but just do not want to plunk down hundreds of dollars just to ask a legal question. Many people have been dismayed to find that their lawyers will charge schedules for what they believe is just a conversation.

Why I Hired A Tax Lawyer

Tax lawyers are not very cheap. I can testify to that. Tax counsel I used was in fact downright expensive, but I can tell you this, it was certainly worth the cost. My tax lawyer saved me from charges, fines, seizures, and possible prison time. I used to be so afraid of making payment on all of the costs because I might really end up losing my house and home.

I have had problems with my back taxes. Back taxes are defined as taxes that are not resolved when planned. Sincerely, I knew that I had to pay some taxes that I was convinced that I have them pay regularly, but changes in tax legislation has left me a few dollars short that eventually accrued and charged to the tax collection agency to lay his eyes on me. They were not joking when they say that if they keep an eye on you, they have really will do.

I tried to keep all at Bay, considered as preventing house calls, and then finally they got a hold of my mobile phone number and so they started calling me it is also well. I received the letters in the mail, and then I had no choice but to respond to telephone calls. When finally, I talked with them, they explained that they need the payments and when I tried to negotiate with them, when they suggested that I need a tax lawyer.

I became afraid to hire a tax lawyer for some causes:

1. I was more comfortable to represent myself because I know what is true and no matter how the story is twisted, truth remains the same.

2. I am not positive enough to talk about and or to present my case to someone else, other than my family and some good friends.

3. I had no confidence in them. I have had problems of trust tax or any lawyer other lawyers.

4. I was certain that they are loved, that more than I could afford to pay at this time.

Although the first three reasons affected my decision to neglect a tax lawyer, while the first made the choice. I knew that they are quite expensive and that he was absolutely convinced that if the tax collection agency will be step put me in bankruptcy. Counsel for tax will be. However, the pressure coming from the collection agency helped me rethink my choice.

Finally, I employed a tax professional, a little reluctant but relieved at the same time. I have discussed all the things on my case - all bills, all receipts and all letters that were sent to me. In a few days, he was in position to build my defense and a case.

When was time to deal with the representative of the tax collection agency and the interrogation started, I have even not to disclose something. They discussed and revealed the case and showed suggestions. After about an hour of discussion, they were able to negotiate my account and create a payment plan, which is less complex that it is usually. This is why I will say repeatedly... It is worth more than each penny.

Are You Due a Wrongful Death Settlement?

A wrongful death claim occupies the same area of the law as the personal injury lawsuit. An attorney must demonstrate that there was negligence, which substantially contributed to the death of the victim. This is similar to the burden of proof in personal injury law, which is that there were negligent actions, or actions not taken, which were a substantial factor in the resulting harm.

Negligence does not necessarily mean that someone intended for a death to occur. While wrongful death suits can stem from murders, or from assaults that ended in fatal injuries, the majority of wrongful death claims occur because a person, or an entity (such as a hospital) did not act reasonably, but rather acted negligently. A failure to act is also considered to have been "not reasonable" and is therefore possible negligent behavior. Negligence is not a crime. But a negligent person can be held accountable for the damage their actions caused.

In the instance of wrongful death, the damage can include compensation to pay medical bills of the deceased; to cover funeral expenses; to make up for the income they would have earned and the financial support that they can no longer provide; and damages for the fact that family members will never again have the companionship, support or consortium (intimate relations) of the victim. Wrongful death claims can be brought on behalf of surviving spouses, children, parents, and other relatives.

It is natural, when a loved one has been killed in an untimely way, to want to strike out, and strike back if it was the fault of someone else, such as a texting driver or a careless doctor. But the desire to make someone pay and the actual ability to force them to pay damages are two different things. For one thing, the payment most often will come from an insurance company. The profit model of the insurance industry necessitates NOT paying, or paying as little as possible in order to maximize profits. Insurance firms use a formula to determine a dollar value that will be offered. Many people find these offers to be woefully inadequate. And so they hire a wrongful death attorney, to go up against the insurer. If you feel you are due a wrongful death settlement, a skilled trial lawyer can determine if you have a case and if so, will be able to go up against the insurer on your behalf.

http://EzineArticles.com/6495555

Law Video Lessons for Attorneys

Compelling law videos on an attorney's website can be invaluable tools to increase web traffic and to attract potential new clients.

Here are some key pointers:

PRE-PRODUCTION

1. Decide on the length. Between 30 seconds to 2 minutes works well.

2. Make a long list of potential topics you want to discuss. Your first effort should include your specialties, brief success stories, client benefits, background, credentials, awards, and staff support. Then start editing your down list to a few key topics.

3. Discuss how your experience can help potential clients achieve their goals. Present yourself as an experienced, empathetic attorney whose experience serves as a safe haven.

4. Practice your script in front of a mirror. Sincerity and body movement go a long way. I always spend time with an attorney to get a sense of the person's body language and vocal tone. I then can suggest how he or she should address the viewers.

5. Get a candid, objective assessment of your presentation before you shoot it. This rules out anyone with a subjective perspective.

PRODUCTION

1. Get professional help to run the shoot for you, so you can focus on being your best on-camera. I often handle everything myself when shooting an attorney.

2. A rented Tele-Prompter type device lets you magically read your script simply by looking at the camera lens. The Tele-Prompter lets you focus on being yourself, rather than trying to remember your lines, or have your eyes darting around at cue cards, and looking stressed.

3. Remember to speak in a normal cadence and modulate your voice to emphasize important points. I always rehearse first before shooting.

4. Get multiple coverage of your on-camera talk. I use a master shot, with the camera locked in one position to capture all of your monologue. Then I record all or a portion of your monologue from a different angle. This creates a more interesting mix in editing and keeps you looking fresh.

5. Shoot plenty of B-roll material for a professional looking video. B-roll is what you see in most television news stories when the reporter keeps talking but the video image cuts to other footage related to the subject. The editing session will integrate selected footage to create a story flow that keeps the viewers' brains' from flat-lining.

Web videos give viewers a clear perspective of who you are. Just as importantly, they can make a positive difference in the search engine optimization (SEO) of your website. Placing them on YouTube.com, in an attorney video directory, on social media websites, and in blogs can increase links back to your site. Stay tuned for more.

I welcome your questions at 310-410-1000/800-467-2110 or dan@lawvideopros.com.

Law Video Pros ? http://www.lawvideopros.com/

Law Video Pros creates and produces professional videos and support material for attorneys.

http://EzineArticles.com/6466336

Law Firm Management Techniques That Improve Client Intake

The flow of work in a law firm is the flow of information. Anything which obstructs or slows information also interferes with the ability to serve clients efficiently. Control information by using legal software tools to manage and monitor the client intake process to enhance productivity, improve marketing, and avoid conflicts of interest.

Create an Intake Plan

Some attorneys improvise when taking information from a client, but this leads to mistakes. Critical information is missed or misinterpreted, and the data which is collected may be disorganized and hard to interpret.

Avoid this by creating a law firm management policy to regulate the intake process. Interview clients using a checklist to be sure no information is overlooked. Even the most cooperative clients may omit important facts because they seem trivial, irrelevant or embarrassing. Legal software makes it easy to have different checklists for different cases or interview types, and a single electronic interview form can automatically adjust itself in response to questions, such as omitting or adding certain lines of inquiry based on previous answers. Policies ensure each intake report follows the same format, no matter who conducted the interview.

More Information Is Better

When client intake policies are part of law firm management, they help the staff get all the information needed not just for the case itself but for the ongoing relationship with the client, and the future financial health of the firm.

Comprehensive intake begins with the first client phone inquiry. Rather than just taking a bare minimum of information to pass onto the appropriate attorney, the person taking the phone call should conduct a more complete interview during the initial contact. Legal software forms guide the intake process, and armed with more information the case can be passed onto the attorney most qualified for the job.

Don't limit yourself to only case facts. Seemingly trivial details such as client hobbies or birthdates let attorneys make a more personal connection and improve client satisfaction. Other information types can alert the firm to conflicts of interest early in the investigation.

Advantages of Using Legal Software

Today's law firm management includes powerful software tools that enhance the intake process. Any piece of information should be entered only once and automatically copied to other forms as needed. Entering information twice simply increases the chance of error. A paperless law practice is able to file and retrieve relevant information more quickly than one bogged down with roomfuls of file folders.

Legal software produces reports that senior attorneys can use to monitor the process and make efficiency improvements where necessary. When mistakes are made during intake, such as missing important client or case information, software makes it easier to spot patterns and see how the system can be changed to reduce or eliminate those problems.

Successful law firm management and client intake require ongoing oversight to keep the firm operating at peak efficiency. Legal software helps automate the intake process and makes an attorney's job easier while reducing the chance for errors.

Loretta Ruppert works for LexisNexis, a developer of legal software tools which enhance client intake and other law firm management tasks.

http://EzineArticles.com/6495037

English Law

English law is practised worldwide as many legal systems are based on English Common Law. Over the years, countries have modified this to reflect their needs but its influence is still evident within the legal policies and traditions of many countries, including several American States.

There are countries which have steadfastly adhered to English legal traditions and they have retained the Privy Council in London as their ultimate Court of Appeal. Others have replaced wigs and gowns with more modern attire, legal terminology have been replaced by plain terms and some court procedures have been simplified.

English Law covers the geographical areas of England and Wales. Scotland enjoys its own legal system and although Wales has undergone devolution with the creation of the new Welsh Assembly, it is still bound within Civil and Criminal Law to the laws of England.

One of the peculiarities of our system is the Divided Profession of Solicitors and Barristers. Solicitors are general legal practitioners who can either specialise in one aspect of law or they can offer legal services in all areas. Barristers are our litigation specialists who can be instructed by solicitors whenever there are more complicated court cases. Many overseas countries do not have this division and there legal professionals are 'Attorneys', who can offer all aspects of legal work including taking highly complicated cases through the courts.

All this makes it easier to achieve an international qualification from a UK-based institution, especially for students of the Commonwealth.

With the increasing popularity and acceptance of online courses, qualifying in English Law has never been more convenient. The number of students with Paralegal qualifications in particular has increased and students worldwide are reaping the benefits. Law degrees are another popular option with some UK universities offering online degrees. Having a paralegal qualification will aid with being accepted within universities and this is a huge benefit for mature students.

Anyone contemplating whether it is beneficial to pursue a UK qualification in law should be assured that it is. An English qualification is still one which is highly respected but prospective students should carry out 'due diligence' to ensure that the institution with which they choose to study, offers an appropriate course.

Mature students are now experiencing life-changing career benefits, made possible by institutions such as the Online Training College, which offers Paralegal and Legal Secretary qualifications globally. Many students can progress to be undergraduates of UK universities, writing law. This level of achievement could not have been contemplated until a few years ago and has brought significant career opportunities because English Law is universal.

It is never too late to re-invent oneself and a course in English Law may be the perfect way to begin.

Wendy Souter, Course Director, Online Training College

http://EzineArticles.com/6485940

Data On Divorce Records Obtainable Via Web

It is a fact that the number of divorce is getting higher nowadays even if it is a regretful event to be discussed. Sometimes, people just want to move on with their lives, lawfully separate from one and marry another whom they think will give them the happiness they are seeking; and so divorce is something that both of the parties involved should openly accept. This is the reason why Divorce Records are becoming more important today. To get hold of a divorce file, you can either do it the traditional way by going to the designated government bureau or do it electronically via an online service.

To access a certain file traditionally, you need to communicate with the State's Vital Statistics Office where vital records of birth, death, marriage and divorce are being kept. You can apply from this Office by way of mail, fax, or through a third party vendor (VitalChek) that can be accessed on the internet. Do not go to the Vital Statistics Office personally because the VSO doesn't have a service counter that assists walk-in applications. If you want, you can choose to go directly to the community court house where the divorce occurred.

If you want a hassle-free alternative when requesting for a record copy, make use of a very convenient web-based tool. Through these online file sources, which are numerous on the internet, can truly aid you in scrutinizing important records. Most of these lookup sites offer a wide range of public records such as criminal histories and vital stats documents. Paid options would be a sure route to easy, info-packed results. The type of file you will receive depends of course on the query you'd like answered. Nevertheless, these premium sites will give you the chance to uncover even files that are typically hard to gain.

Some people want to access a divorce record not just to contract another marriage but also for other uses like a proof to creditors or some other companies requiring it, and also as evidence that the court has officially granted the said divorce. This means that an official copy of a divorce can be used for many private and public dealings.

Furthermore, County Divorce Records are available for everyone who wants to locate a certain case of divorce. You can even go directly to the courts where they approved and signed the documents because they also maintain these significant files.

On the other hand, there's a better and confidential way of searching files without scavenging through heaps of files, or undergoing tedious processes and exerting too much time and energy. You can simply access these important records through the help of a trustworthy online resource which can give you access to both local and national data.

Be savvy in searching for Divorce Records. We can help you with such pieces of information and provide tips. Visit us at County Divorce Records Online.

http://EzineArticles.com/6505133

Customers Cannot Go Wrong With A Car Accident Compensation Claim

Medical interventions today could really be costly and most of your finances can be eaten just for the recovery of an unfortunate accident or any other accident causing the injury there is out there. One of the most popular accidents causing injury is that of the car accident and in the United Kingdom only, it turns out be a stalemate among all the rest with 40,000 cases of which happens every year according to recent statistics from the DOT. The amount of these accidents happening, there are many people who have become victims of severe physical injuries who need emergent medical care. Nevertheless, what happens if the accident was caused by obviously culpable party?

There is hope for those who need financial assistance and it is through a claim for compensation. Make your car claim accident compensation will you knowledge that you need this allowance to cover your medical expenses related to the recent accident you be yourself. It is important that, when you decide to make this request that you make a point to collect as much evidence it is also possible as the images of the accident, the damage that your car got, then you have had injuries and others. Also included, is a written statement of your health professional about your injuries.

Now that you know the purpose of this claim, how can you make your car accident compensation claim? To make this application a simple gotten today compared to the last ten or twenty years. More law firms emerge too specialized in making and these companies have same help guide online. These companies usually require you to complete a form of bodily injury claim where you have to deal with each complaint physical you are linked to the car accident. Through this, you may be a step further for this claim on the move.

You may wonder how your car accident claim can give you, especially since the financial aspect of this accident is relatively important. With a special calculator, which is a compensation calculator, simply enter the details particularly is the degree of physical injury you suffer in the calculator then give an estimated value of your compensation. Usually compensation would amount to five hundred pounds, it can even go higher but it will depend on all the necessary medical attention to how many you will cost.

Ultimately, it is always important not to ignore your disastrous situation, it is better to act on it and claim what is rightfully yours. Make your accident compensation claim and you will never regret it.

Choosing a Solicitor for Your Lease Extension

When thinking about getting an extension on your lease, one of your first thoughts must be to seek out an experienced legal advisor. This is because you will need specialist legal help in order to move forward with the process and it is always worth spending a bit of time ensuring you have the right professional on side.

This guide takes you through the main things you should consider when choosing a lease extension solicitor.

Specialist in their field

It might sound obvious to say it, but you will need to hire someone who is a specialist in their field. A solicitor who really knows what they are doing when it comes to lease extension will be massively valuable to you as they will know the ins and outs of the process. They will be able to give you advice when you need it and give you all the necessary support, in accordance with the requirements of the leasehold extension process.

Experience at the job

This means it is also a good idea to go with a solicitor who has not just knowledge of the field, but experience as well. This will ensure that they are able to deal with a whole range of situations and will know what to do if something goes wrong with your case. For instance, if your landlord refuses your right to leasehold extension, it will be beneficial to have an experienced solicitor who has dealt with the problem before on your side.

Good recommendations

When you are hiring a solicitor, it makes sense to go for one who has good recommendations so you can be certain they will do a good job. If you know anyone who has gone through the leasehold extension process, you could ask them which solicitor they used and whether they'd recommend them. Any good solicitor will be happy to provide you with references that prove their ability to do the job, so it's worth asking for this.

Ability to put you at ease

Picking solicitors is also something of a personal choice: no matter how competent they are, you need to know you'll be able to work with them over a period of time. For this reason, it is a good idea to go with a lease extension solicitor who puts you at ease.

Comprehensive service

Finally, make sure the solicitor you hire offers a comprehensive service that takes you from the initial information gathering stages of leasehold extension right through to leasehold valuation tribunals and drawing up a new lease. This will ensure they'll be with you for the entire process so it will run as smoothly as it possibly can.

Thinking about a Lease Extension? Contact a specialist Lease Extension Solicitor at Bonallack & Bishop today.

http://EzineArticles.com/6504996

Court Proceedings For Broken Contract Cases

A contractual agreement is a legal one. This means that the parties to the contract have agreement to be bound to each other by a promise which if breached would attract legal consequences. Therefore the defaulting party, i.e. the party that does not go along with the promise can be sued in a court of law. Depending where you are residing in the world, there is the most likely situation that your country will have specific laws relating to breach of contract and a legal process of how you can seek remedy in the court of your country. In some countries a breach can be settled by a mediation process whereby both parties to the contract in the event of a dispute will agree to meet a learned person or a village elder and ask the person to be a mediator. The role of the mediator is to hear both sides of the story and decide who is right and who is wrong and what compensation should be paid.

In many developed countries, there are well established legal systems that will provide the platform to bring a legal action. So for a broken contract the first thing you got to ask yourself is whether you really want to sue the breaching party or not. Sometimes it might not be worth the effort to sue as the amount or issue concern is so trivial that it would be a waste of the court's time. Think about it - would you want to sue for being served your meal late in a restaurant? Or that the free gift that was promised when you made a sale turns out to be defective? The thing here is that you are within your right to sue, but life is too short to waste time and effort in these kinds of situation. Unless of course you really got nothing else to do in your life.

However if the contract that you are in consist of a substantial value or that you stand to lose lots of money then you should consider bring this case to court. This is where you might need to engage the services of a lawyer. Some lawyers might charge you a flat rate to handle your case. Others might want a percentage of the sum given to you if you win the case. Yet there are other lawyers who might handle a case on a pro bono basis. This means that they do it for you absolutely free of any charges. Of course, you might ask why would any lawyer be out of his mind to do such a thing? There are many reasons both personal to the lawyer and others. So if do have such a lawyer - ask him or her?

Otherwise, the lawyer will not assist you in bringing the case to court. But usually this is the last resort. What the lawyer will try to do is to see whether it would be possible to settle the issue out of court. This might involve some arm-twisting and tough negotiation. It is a likely chance that the other party might not have intended you to go this far and might quickly back out and settle the matter as amicably as possible. Then again the other party might also feel that he or she is in the right and may decide to take you on in the court of law. If this happens your lawyer might issue a writ of summon for a court proceeding. A date will be fixed for you and the other party to attend court and state your claim. There will be a presiding judge who will hear the case. Even at this stage it is not too late to change your mind and resolve the issue out of court. If this is not possible at all then a date will set whereby the lawyers for both side will built up the case against each other. This is where your lawyer will try to adduce evidences and information that will help your case. At this stage you have to work closely with your lawyer to give him/her all the information that is required to strengthen your case. Eventually the case goes to court at which stage the person suing will be referred to as the plaintiff and the person being sued being referred as the defendant.

In many countries there are different levels of courts. Some hearing cases amounting to a few thousand dollars to others which are higher up the ladder hearing cases that might go into millions of dollars. So depending the amount of compensation that you intend to claim the case will go to the appropriate court which your lawyer will recommend. Note that the higher up the court, the more expensive it will for you and if you lose then there is a lot of money you need to pay your lawyer and the winning party.

So you really need to consider all the possible scenarios before you embark on getting justice for your broken contract. Personally, I would prefer as far as possible to try to resolve the dispute without the need to go to court or engaging a lawyer.

Dr Daniel Theyagu is a corporate trainer and seminar leader who has designed and conducted competency-based training for more than 150 organizations. He is based in Singapore and can be reached at dtheyagu@singnet.com.sg. Website: http://www.thinklaterally.com/

http://EzineArticles.com/6499525

Construing Payment Protection Insurance Policy and Recovering PPI Refunds

If you want to be geared up for the future against unfortunate or contingent events, getting an insurance policy is a good idea but if you have been mis sold PPI, you must file a claim to recover PPI refunds. It is really impossible to escape the risks of life. The known hazards such as illness, fires, accidents, and the like can certainly pose a continual threat to our personal and business lives. But prevention cannot really remove the known hazards of life. Nor can insurance policy prevent losses. What it does is to spread the losses over a large number of persons bearing the same risks. Basically, each person contributes to a general insurance fund out of which he is reimbursed for losses he may suffer. Thus, each and every person pays for protection against specified peril.

An insurance contract must be consensual, which means that it must be perfected by the meeting of the minds of the parties. So, in the event that an application for insurance has not been either accepted or rejected, there is no contract as yet. However, this is not the case with regard Payment Protection Insurance policy. What makes this kind of insurance product different from the usual insurance contracts? The problem with this insurance contract is that it has been used by the insurance companies to gain more profit for their personal interest and not really to insure the insurable interests of the customers.

Insurance companies have been very dishonest in dealing with most of their customers. You want to know how? Here's the thing. Such insurance policy has been attached to the principal contract of the customer even without the consent or knowledge of the latter or the in order for the principal contract to get approved it must be taken out. It is really an unscrupulous behavior. In the first instance, there is an absence of the element of consent which makes the contract null and void and the customer may rescind the contract to protect his rights. Getting a wrongly sold insurance contract is really disturbing thus it is necessary to file a claim to recover Payment Protection Insurance Refunds.

Ensuring success in filing mis sold PPI claims is easy and simple if you have a professional back up. Therefore, it is necessary to retain a claim solicitor. This is also to secure the process of your claim because most of the claims that have already been filed got rejected or placed on hold.

Tracey Bullman specialises in ppi refunds and other financial products for UK based http://www.ppirefundsuk.co.uk/. He also covers unfair mortgage charges and the financial claims industry generally, as well as writing articles on personal finance, house sales, repossession and business finance.

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Important Issues to Consider in a Divorce or Separation

Sadly divorce is a common occurrence in our society. While statistics showing the exact percentage of couples that divorce each year can be argued there is no doubt that the possibility of divorce exists for everyone. Everyone handles stressful situations like divorce differently but there are a number of common issues that need to be addressed by everyone.

The best way to get individualized help with the issues faced in a divorce is to hire experts. For issues dealing with the law you should seek the counsel of a lawyer who focuses on divorce and family law. For the mental health and emotional issues you should seek a counselor or therapist who specializes on helping people handle this type of stress and adjust to their new situation.
A number of issues may need to be presented to these experts including:

Issues related to child custody. Divorce is hard, but it gets even harder when their are children involved. You will need to determine who will have the children when and where. You will be forced to spend time without your children and trust that your ex-spouse is taking care of them in a manner you approve. This is especially difficult if your ex-spouse has a new love interest.

Child Support - Child support is generally determined using a formula provided by the family code in most States, but you may vary this amount by agreement. The person receiving child support must adapt to using just the sum they are provided. Often the amount of child support doesn't feel like enough make even a dent in the bills associated with raising children. The person paying child support often feels like the other parent is not making good use of the money, or that the amount they are paying leaves too little for them to live their own lives.

Property Issues - Who is taking what can often be a huge source of turmoil. People develop strong attachments to houses, cars and other material things. Or people will often use the division of property as a means to hurt the other person or exact revenge.

Current and Future Taxes - As a married couple you have filed your taxes together in the past. If you are married for any portion of a year you may file as married for that year and it might be to your advantage to join together one last time to file your taxes in a manner that gets you both the largest return. Unfortunately some people will file before their spouse on their own and claim all of the exemptions in an effort to maximize their own return and reduce their spouses.

Chris McHam is the lead attorney for McHam Law, a Round Rock, Texas based law firm focusing on family law, criminal defense, probate matters and civil litigation in Travis County, Williamson County, Hays County and Bell County

For more information on this and other legal topics:

http://www.mchamlaw.com/

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Working at a Law Firm in Victoria BC

Working at a law firm in Victoria BC can provide unique opportunities for career specialization for legal professionals. As most Canadians already know, Victoria is a small city located at the tip of Vancouver Island, on the Pacific coast of Canada. More importantly for those considering a legal career, Victoria is the capital of British Columbia, and because of its status as a government town, can offer new law graduates with some interesting choices about what kind of law to practice.

There are nearly 50 law firms located in Victoria, and, any of these firms focus on family law, or estates, wills and trusts, just like legal firms in any other major urban center in Canada.

However, the concentration of government services in the BC capital means there is a lot of demand for very specialized legal practices, including environmental law, municipal law, and administrative law.

Environmental decisions are made in Victoria by government, based on sound legal counsel. Environmental law is a very complex discipline that involves diverse aspects such as land law, government administrative decisions, and decisions from various administrative bodies, and can involve everything from energy and safety regulations to aboriginal land claims issues. Because of its status as the capital

Administrative law is also practiced in Victoria thanks to the city's status as a government town. This area of public law advances and protects the interests of citizens by ensuring that government agencies operate lawfully, and that the activities of government are in compliance with those authorized by parliament. Hearings are often non-judicial, taking place before administrative tribunals, review panels and regulatory boards. Victoria offers the opportunity to practice administrative law unlike other cities in the province.

Finally, a surprising opportunity for legal professionals in Victoria is provided by the Esquimalt naval base. Because of its status as the home of Canada's Pacific Fleet, there are about 15,000 naval personal residing in the Capital Regional District, so there are opportunities to practice aspects of military law including military criminal law (courts-martial), courts-martial appeals, discharge reviews, review of military records, security clearance law, military grievances and pension issues.

So, thanks to its position as provincial capital, Victoria offers chance for new legal professionals to practice highly specialized disciplines of law that are usually not found in other parts of the province.

Charles Edwards has researched working at a law firm in Victoria as he contemplates returning to school to study for an LL.B. designation.

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Tips to Representing Yourself in a Drink Driving Court Appearance

10 Practical tips for representing yourself in a drink driving charge
1. Be truthful to the court. Most Magistrates are very experienced and will normally see through made up excuses. You are more likely to get a better result by saying less than making up a story and being caught out lying.

2. Be prepared. Most people get nervous when they appear for themselves. This may cause you to forget to mention something important. If you have a list of things that you want to tell the court this will help you when things become stressful.

3. Knowing what not to say is almost as important as what you say. It is difficult to instruct you what not to say. But you should not exaggerate your story as to why you were drink driving or refer to penalties that friends may have received for similar offences.

4. Tell the court about your ability to pay a fine including:

· Your occupation
· How much you earn each week
· How much you pay for rent or as a mortgage payment
· Any other debts you have
· How many people you support

5. Tell the court how a criminal conviction may affect your future. If this is your first offence then you might want to advise the court about the following:

· Whether a criminal record will affect your ability to work now or in the future. You will need to provide some evidence of this if you want the Magistrate to take this seriously.
· Whether a criminal record would affect your travel plans. If these travel plans have been booked you should provide the court with copies of the booking documents. In most western countries except Canada a conviction for a drink driving offence will not affect your ability to enter that country.

6. Tell the court about your need for a drivers licence. If you are going to lose your job if you lose your licence you should have a letter from your employer saying this clearly.

7. Tell the court about your previous good character. If you have down charity work in the past or you have major achievements in your life you should provide the court with some proof of these. If you drive a lot of kilometres each year you should prove this by either a log book or the car service records.

8. Hand up well drafted character references. These references should paint a picture of your character. The person writing the reference should give examples of good things you have done. If in the past you have taken steps to stop others drink driving this should be mentioned.

Let me give you an example of what could be included in a reference to bring your character to life:
"Ben Smith is very generous with his time and his money. I remember driving home and seeing our elderly neighbour struggling to remove graffiti from his fence. Ben went missing for a while and about 1/2 hour later I saw Ben with our elderly neighbour removing the graffiti from the fence with a scrubbing brush and cleaning equipment he had bought from the hardware store. Ben spent the next five hours with our neighbour until it was all removed. This is but one example of how generous Ben is to others."

9. Do not speak while the Magistrate is sentencing you, unless you are asked a specific question. This is likely to be seen by the Magistrate as disrespectful.

10. If you do not like the penalty the Magistrate hands down you should not argue with them. In all drink driving matters dealt with in New South Wales, Australia you have a right to appeal the sentence of a magistrate to the District Court. You have 28 days to appeal and up to 3 months with the leave of the District Court.

Lionel Rattenbury is a Partner of Armstrong Legal. Lionel has over 20 years experience in criminal law and writes a criminal law text book. He is an Accredited specialist in criminal law. Armstrong Legal is Australia's largest private criminal law firm. To view articles about drink driving on the Armstrong Legal website please follow this link: http://www.armstronglegal.com.au/

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Process Servers - Choose the Best in the Business

What is a Process Server?

Process Server. What does it mean? Many may be unfamiliar with the term, and unaware of the indispensable role that such a person fulfils. That is, of course, until you need one.

A process server is the person responsible for delivering all your legal documents. They are the person whole helps your court case to run smoothly from the start. Your process server goes into dangerous territory, putting themselves on the line for you.

The list of legal papers they deal with for you is endless. A few examples alone show how important the role is: papers served include witness summonses and subpoenas, divorce papers, bankruptcy and winding-up petitions, and non-molestation orders. These are all important documents. They need to be dealt with by a professional to ensure their validity.

Besides serving the papers, one of the most vital elements of the job is the completion of proof of service documents and sworn affidavits. These crucial papers prove that the recipient received the legal papers and cannot deny their existence when the court date arrives.

These are the basics of a process server's work. You should already be getting a sense of just how important they are. If you need papers serving for any reason, they will be your most important friend and ally. If you are the person being served, they will be the face you dread to see at your door.

Process Servers as Person Tracers

As you can probably imagine, service of process is not always as simple as it sounds in the passages above. The job includes encounters with many dangerous and undesirable people, who will often be purposely difficult to find. This is not an easy job. There are few things in life that a person will try and avoid as much as they will try to avoid receiving legal documents.

Although some process servers are simply that and nothing else, others specialise in tracing recipients to their exact location, no matter how hard they try to hide. At the very top level, the work goes hand-in-hand with that of the investigative industry. Some of the best available have experience as private detectives. A process server with this string to their bow can offer more than your average enquiry agent. With expertise in person tracing, they can dig deeper and discover anyone who tries to avoid detection.

Found out all you can before you decide who should serve your papers; make sure you are choosing someone who possesses the skills needed to get the job done.

International Process Servers

And then there are those who really go that extra mile. What is to say that your papers needed to be served here at home in Britain? What if you need service to States, or discovery in the deepest jungles of Africa? Debtors, defendants, and unwilling divorcees will do anything to avoid being caught and served with papers. They will go anywhere to hide.

The best in the business know this, and they know how to deal with it. Tracing people is a specialised skill that takes years to perfect. It takes more than just a trawl of a few databases to ensure the recipient of your papers will be found. It takes knowledge, it takes dedication, and it takes hard and sometimes treacherous work.

Whether your papers need serving in England, Spain, Brazil, or Outer Mongolia, do your research. Choose a company that is going to benefit you. One that has the dedication and the expertise to finish the task you set them.

Check what they offer to you, and what they bring to your case. See how many times they attempt to serve your papers before they give in and move on to their next case. Be sure that they will go the extra mile if needed and that they will do all they can to track down a respondent.

Although you may never have heard of them before, a process server may one day be very important to you. When they are, make sure you choose the right one.

Fran J Slater

PTA Process Servers are a company with years of invaluable experience. Having started out decades ago as a private detective agency and process serving company, they developed all the skills and knowledge needed to provide the perfect service to you.

Trusted by law firms across the UK and internationally, they are confident in their abilities to help you, whatever your needs.

To find out more about their services go here: http://pta-process-servers.co.uk/

For more information about their international services, visit this site: http://pta-process-servers.co.uk/process-servers/international

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Magnuson-Moss Warrant Act: Understanding Lemon Laws

What is a lemon? A lemon is a consumer product which has defects or nonconformities, which either cannot be repaired in a reasonable period of time or which have not been "fixed" regardless of how many attempts have been made.

Although people normally hear about such laws referring to a car, truck, or SUV, they can also apply to computers or appliances with a warranty. Consumers can seek relief from these laws after they have sought multiple repairs with a product or have noticed unusual or abnormal problems.

Each state has established a set of "lemon laws." These laws provide legal remedies for purchasers of cars, defective computers or appliances that consistently fail to meet their expected standards of quality and performance. These products are called lemons. Such federal law was created called the Magnuson-Moss Warranty Act.

This act protects all American citizens across the nation from being victimized by defected consumer products and goods. State lemon laws do, however, vary from state to state and may not cover certain used or leased vehicles. In order to find out what your state law cover's, you should consult with a local lemon law attorney in your area.

Under such federal law, anything mechanical would be covered. Additionally, the federal law also provides that in certain situations, the warranter may be obligated to cover the consumer's legal fees in a successful lawsuit. This is the case in many state laws as well.

State and federal laws are centered on the manufacturer's warranty. All manufacturers are expected to uphold their warranty to their consumers. When there has been a breach in the warranty, the consumer is protected under state and federal lemon laws. These rights provided to the consumer may even exceed the warranties expressed within purchase contracts. The language in the manufacturer's warranty is what makes them legally responsible for the repairs of the vehicle, appliance or computer device.

A manufacturer's warranty is in itself a guarantee; therefore, the law imposes specific obligations on behalf of the manufacturer and the seller to uphold that guarantee. Consumers have the right to enjoy the benefits of that warranty, therefore, if the product doesn't hold up to its promises or if it continues to be in need in repair, the consumer can seek legal recourse.

If you are experiencing frustration with your car, truck, SUV or electronic device, you should speak with an experienced Nationwide lemon law lawyer who is familiar with your local state lemon laws. An attorney will be able to tell you if you have a valid claim and they will also be able to protect your legal rights in the event the dealership or manufacturer chooses to fight your claim. Whether a settlement or a trial is in your future, a lemon law attorney can help you achieve the best outcome in your case.

The National Lemon Law Center provides consumers with access to their state's lemon law, in addition to providing them with links to necessary resources. Their company can provide you with contact information with all of their affiliated attorneys who have successfully handled lemon law cases. In fact, if you use one of their affiliated attorneys, you will gain access to a wealth of information regarding federal and state lemon laws, and to information about how you might have legal recourse. Don't hesitate to take the first step towards contacting a lemon law lawyer by calling (877) 315-3666 for a free case evaluation and an explanation of your consumer rights or visit the firm's website at http://www.nationallemonlawcenter.com/.

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A Guide To The Spanish Legal System

The Spanish legal system is a typical system of civil law whose roots are found in Roman law and, as opposed to Common Law, which the main events of the Act are codified. Therefore, there is a branch of the right - right Civil - of which fired all of private law, particular Commercial law. As a result, the complete Civil Code of the Code of trade in these areas in which the latter provides no specific regulation.

Constitution of the Spain provides a fully independent judiciary. The system itself is headed by the Supreme Court, which is as much an appeal against a court decision can be taken within the Spanish judiciary. Later, you have any number of territorial courts, regional courts, provincial courts, trial courts and municipal courts. There is also a court that specifically considers the issues related to the Constitution. There is also a Council of the judiciary whose responsibility is to appoint judges and magistrates and also monitor the administration of justice. The Spanish Constitution also established figures of the public prosecutor and public defender to ensure that the rule of law and the rights of the citizens are defended.

Actions to claim rights are regulated by the law of civil procedure. The procedural system is more adversarial than curious. Therefore, the courts do not generally active in the development of the case. In General, courts will be based on the request of the parties for these purposes. However, this does not mean that the judge is simply a passive spectator, since the Act confers upon the judge a number of powers to push procedures. The discovery is usually very limited. Normally evidence is submitted with the application and evidence is tested and taken under the procedure. Finally, there is a unified system of court in Spain, the so-called ordinary jurisdiction.

The code of Commerce and civil Spanish recognize the ability of foreign individuals and corporations in Spain subject to their own laws, with respect to their personal ability is concerned and to the Spanish legislation concerning the creation of institutions in this country.

In addition, foreigners legally resident in Spain have the same individual rights as Spaniards except those of a strictly political nature (generally, to vote and to be eligible for public office), save the special status for the citizens of the European Union who are eligible for municipal councils.

Free Arrest Records Retrievable Online

There are times when wrong doings can evade the law and left unpunished; but not often for long. When a violating person is caught or suspected of an illegal conduct, what surely follows would be the interrogation or investigation with the arresting agency and eventually a trial for the offense (grave or not) that this person has committed. After these procedures, the arresting office will gather all details taken down during these events and will be compiled as documents known as arrest records. These official files are not that freely accessible. However, if you need to have a good look on these records, you can access them via some internet sites where Free Public Arrest Records are gathered for easy and fast entry.

Criminal records which primarily comprise a person's record of arrests and or convictions are so in demand among various companies and also among private individuals due to its unparalleled contribution to security. For example, high-risk companies like those dealing with financial and confidential matters would certainly want to have only "clean" employees. Background record checks are the only effective way to confirm a person's past and dependability.

Typically, these records can be taken from local sheriff and police departments as well as from the states' criminal records repositories where all arrest and conviction files are collected and compiled for safekeeping. Getting hold of these files involves different procedures depending on the state where you are requesting them. Some states have strict rules and so not everyone can access except for the person on the record and those who are given authorization by the law. Hence, you cannot easily get a copy of this document if not for legal purposes.

This is where the internet becomes advantageous because you can now access data anytime you need to. Anybody who wants to investigate a particular person is now able to do it through the aid of legitimate online providers. Plus you don't need to worry about the price since they are affordable and yet give you free entry to a colossal amount of information.

If there are times when you doubt an individual's identity or character and you feel that there's something wrong then don't think twice; go and investigate especially if that person is someone you are having close relationship with. You can also make sure that your business partner is trustworthy and honest through background checks. This step is only a practice of caution on your part to avoid sorry upshots. So, before you commit yourself to someone or something, have a personalized investigation online.

Public Police Records are compiled and can be taken from various search websites on the internet. One reason these sites are perfect for you is because they can provide a comprehensive report. Their database is categorized for easier search and every file that you need for a thorough assessment on any person is practically there- is there anything smarter?

Let us help you learn the facts about Free Arrest Records before you pick your Public Police Records online.

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Fraudulent Conveyance in a Bankruptcy Proceeding

Fraudulent conveyance is a cause of action, typically brought by the trustee of the bankruptcy estate, against a debtor. The trustee has the power to set aside fraudulent transfers that wrongfully place the debtor's assets out of reach of creditors. Fraudulent conveyance is when a debtor transfers an asset to another person in order to put that asset out of reach of creditors. This might happen in the case of a Chapter 7, liquidation bankruptcy. In a Chapter 7 bankruptcy, a trustee is appointed to see that the debtor's nonexempt assets are liquidated in a manner that would maximize the return to creditors. A fraudulent conveyance would occur if a debtor were to transfer a nonexempt asset to a third party so that asset would not be sold, or liquidated, as part of the bankruptcy estate. If the trustee is successful in the fraudulent conveyance claim, the trustee can receive the property itself or the value of the property.

There are two types of fraudulent conveyances: actual fraud and constructive fraud. Actual fraud focuses on the intent of a debtor to defraud creditors. An action for actual fraud requires that the debtor transferred an asset within one year before filing for bankruptcy and intended to defraud creditors. The party challenging the transfer must prove the debtor's intent to defraud creditors. Because debtors will try not to be obvious about the fraudulent transfer, courts have recognized situations that indicate a fraudulent conveyance. Some of the situations include threats of litigation against the debtor, the debtor has transferred most of his or her assets, and some kind of close or special relationship with the person who received the property as a result of the transfer. These factors will not automatically prove intent to defraud and intent must be determined case by case.

With constructive fraud, the focus is on the consideration, or the value, received in exchange for the transfer of the property. To show constructive fraud, the party bringing the action must show that the debtor did not receive "reasonably equivalent value" for the property, and that the debtor cannot pay his or her debts either at the time of transfer or because of the transfer. It can be difficult to determine whether "reasonably equivalent value" was exchanged. Courts are faced with the dilemma of distinguishing a bargain from a fraud. Some factors courts consider in making that distinction include whether fair market value was exchanged, whether the debtor heard other bids for the item, and the effect on the funds available to creditors.

After a transfer is considered fraudulent, the trustee of the bankruptcy may recover either the property or the value of the property. After recovery, the property or the value becomes part of the bankruptcy estate that is subject to liquidation. An exception to this rule exists: the case of the "bona fide purchaser." A bona fide purchaser is a good faith purchaser who acquired the property without notice of another's interest in the property. In this case, the bona fide purchaser has the right to keep the property.

To avoid a fraudulent conveyance claim, one should work to protect his assets as soon as possible rather than later. A debtor should do his or her best to protect his or her assets before any financial or legal difficulties. It will not look good if a debtor transfers his or her property in the face of bankruptcy. To avoid a fraudulent conveyance claim, a debtor should transfer any property he or she wishes to transfer more than one year before filing a bankruptcy petition. Also, a debtor should make sure to receive fair market value, or very close to it, for any property transferred.

If you need legal help regarding a bankruptcy proceeding or fraudulent conveyance, you should contact an attorney.

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Your Rights, Entitlements And Obligations As An Agency Worker

As an agency worker you are considered to be just that - i.e. a 'worker' rather than an employee. You may however be confused by what differentiates you as a worker rather than an employee and you may be wondering what benefits and rights you are entitled to as a worker. This article seeks to address these issues by looking at five important points for you to consider as an agency worker.

1) Workers employment rights.

As a worker you are likely to have a 'Contract for Services' with the agency to which you are contracted. Just as the agency is not obliged to find you any particular amount of work, you are entitled to refuse to accept any work the agency offers you. You are not employed by the agency nor are you employed by the company that the agency sends you to work for. You are entitled to receive at least the National Minimum Wage and are entitled to paid holiday, rest breaks and protection under health and safety laws.

2) Redundancy

Workers do not receive the same rights with regards to redundancy as their employed colleagues. Unfortunately this means that if you are an agency worker and the work is no longer there for you, you will be dismissed from the position as your services are no longer required and you may not be entitled to any form of 'redundancy payment'.

3) Maternity and paternity benefits.

As a worker rather than an employee you may be entitled to maternity pay (SMP - Statutory Maternity Pay) but not maternity leave. Unfortunately, prospective fathers who are workers rather than employees are not entitled to paternity leave.

4) Benefits.

Unfortunately, workers are generally entitled to fewer benefits (i.e. gym membership, lunch voucher schemes and travel concessions) than employees, however, this is often down to the discretion of the agency or company you are contracted to work for. You should check the contract you have with the agency for details of which, if any, benefits you are entitled to.

5) Sick pay.

As you are entitled to the same basic terms and conditions as an employee you are entitled to receive Statutory Sick Pay as long as you are paying Class 1 National Insurance Contributions and fulfil other requirements such as you must be working at the time of the sickness (not just registered with the agency).

As soon as you enter a contract with an agency make sure you familiarise yourself with the terms of the contract so that you are fully aware of what you are, and are not, entitled to.

Copyright (c) 2011 Robert Gray

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10 Things for Paralegals to Consider If You Have to Take Over for Someone Who Is Leaving

The purpose of this list is so that none of the work that you have anything to do with falls between the cracks. Don't look at this project as "why me?" Look at this task as CYA (Covering Your Ass) in the event his or her responsibilities somehow become your responsibility.

If it is within the parameters of your office policy and the laws of your State and the rules and regulations of your State Bar or the "Other Powers That Be." do the following with regard to the attorney or paralegal who is leaving the firm/company:

1. Get their user names and passwords to their firm/company email, Westlaw, Lexis/Nexis, and any sites, directories and databases they've used in connection with your firm's work. There nothing like being assigned a case after they leave and some pivotal information, e.g., "the smoking gun," is locked behind their password... and now they're in their new office... in India, and you can't reach them... and the trial is tomorrow. Need I go on?

2. Get their firm/company voicemail login information.

3. If you monitor the office voice messaging, remove their name and mailbox from the outgoing greeting so that their callers are forced to leave the message in the general voice mailbox or some other more appropriate place.

4. Check their incoming email, SPAM filter email and voice mail daily until these things have been re-routed or dismantled.

5. After they've completely moved out, check their office, desk drawers, shelves and computer "my docs" directory or the equivalent for outstanding case-related issues or dates they may have overlooked or forgotten to mention.

6. Check their docket or calendars, including desk blotter calendar, etc. to make sure discovery deadlines, witness prep appointments, trial prep dates, pleadings deadlines, depositions, client meetings, conference calls, closings, etc. are all now assigned to someone else or adjourned or dealt with in some effective way.

7. Before a deadline sneaks up on the firm, make sure it's clear to everyone: who's taking over what tasks, and make sure everyone knows their role, so that if there is something you need to be doing, you can get started doing it. You don't want the assignee's inattentiveness to become your crisis.

8. Sit down with the person who is leaving and make a list of their office duties. This is not for you to take them on, but often we don't realize people are quietly responsible for something that will fall into your clueless lap. If they monitor the daily legal publication, get a "101" while they are there. You want to be able to learn all you can while the person is still there, and it's still fresh in their mind.

9. Make sure you get their contact information, address, office phone, cell phone. The reason you want a personal email is because a work email may be a conflict of interest, especially if they going to an office that practices the same field of law. More than likely, you will be asking them something case-related, and you don't want this information to end up in their new firm's system. Of course, you will be using fictitious file names and code words to protect the interest of your clients, but, still, it's better to take precautions, even if it's just their personal email.

10. Get a list of all outstanding matters, despite the fact that you will conscientiously plumb the depths of their office and computer after they leave.

Bonus: 11. Type this up and store it somewhere b/c, I promise you, you will wish you had if you don't. It will reduce your stress later when you recall you have this information in the right place.

Note: There may be a manager in charge of this administrative stuff, but don't trust any work that you are responsible for to be handled with precision. These things that you need in order to do your job may not be on that managing person's "comprehensive" list. It's not personal, so don't worry about offending anyone for doing what everyone will hold over your head when this information is left in the ether and not dealt with. Heads may roll, and yours may be one of them, so avert the predicament anyway you can.

Warning: Check with your firm's managing partner to make sure doing any of this is copacetic BEFORE you do it! Don't simply check with the office manager, unless that person is a lawyer and is authorized to make such decisions.

If you found this article helpful, you might like to visit Stacey Mathis, The Paralegal Guardian, at http://paralegalcareerhub.com/five-ways-to-reduce-paralegal-workplace-stress/ where you will find more free paralegal coaching articles to help lessen the pressure of your paralegal job.

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Five Things You Should Consider Before Hiring A Litigation Attorney

If you are preparing for a legal battle, will you be tempted to handle everything yourself? Will you need a lawyer in litigation? If you ask yourself these questions, the answer is probably yes. Litigation attorneys are specially trained to handle cases go before a judge or jury, which can assist in all aspects of your case. Before you hire one, consider these five things.

They think that you have a case.

To determine if you have yet a case is the first step. If you are the prosecution against someone else, a lawyer can tell you if he thinks it is a good idea. If you are that pursued, a renowned lawyer can transmit the best and the worst-case scenarios. It is simply an opinion heard; however, it is important to remember that juries can lead to a number of different results. A law firm may tell you just how they think it will turn out and does not guarantee a specific outcome. If you are being promised that your case will be in a certain way, is a sign that he might need you to keep research.

What is the specialty of counsel issue?

It is important to find a lawyer with the right kind of experience. There are different types of law, and there is not any product to hire a person with a specialization in personal injury, if you are looking for help to settle a divorce or to contest a will. A respectable attorney will tell you if your case is not a part of its specialty and may be able to you towards another person that can help you.

How many wins vs. losses?

A record of gain or loss is certainly important. Many people may be shy to ask counsel for potential litigation on their record, but does not be. A renowned lawyer will be happy to talk about their record. A folder of great victory is a good indication that the firm does not take the case, they do not think that they can win and a record with less success means that the firm is probably picky on what cases they take. The chances are that you are safe if your company has a record of success.

Cost

Cost can be an important factor in making a selection between litigation counsels. Will be the event entirely on farm work, which means there is no upfront cost for you? On the other hand, you will have to pay a warrant and cover a part of the costs of the case as it progresses. It is something that you will certainly want to discuss with a company before hire you.

Communication

Before you hire someone, ask him or her on his or her communication style. How many times must you wait to be updated on your costume? You need to chase your attorney of disputes down to discover what is happening. Communication between the client and the firm is important, and you should never feel like you are worrying about the firm if you are looking for an update.

Interview by the prosecutors of the case should not be a difficult process. Ask many questions before you sign a contract and ultimately, you can be sure that you have made the right decision.

Solve Problems at Home Rather Than in Court

If you're having problems at home or in the workplace it seems that for some, going straight to a law court is the obvious and easy solution. However, there are so many other options available to us nowadays that this notion is simply a waste of time and money.

Mediation services are increasingly being used throughout all walks of life. Neighbourly disputes take up valuable time in the courts as well as being hugely expensive to all involved. These disputes can stem from very small issues but they end up escalating and becoming something much more than they are. It can be difficult to see solutions to problems when you are directly involved, which is where third party independent mediators come in to play.

Disputes between neighbours can vary and will often range from loud noise complaints, to abusive language. No matter how small the argument may seem, it doesn't mean that a mediator cannot be of use to you. In fact, it is better in the long run to seek help from a mediator early on in the argument, in order to save your relationship before it is too damaged.

These kinds of mediators can help you solve your disputes without the need for any kind of legal involvement. It isn't that they will attempt to find a winner and a loser within the argument, but that instead they will help you talk to each other in a reasoned manner. Discussion is welcomed and encouraged whereas blame and conflict is not.

Sometimes if an argument has been ongoing, then those involved tend to dig up things from the past. Holding onto grudges will not help anybody move forward, it will only hold those involved back. A mediator can help you and your neighbour to let go of these past problems and work towards a civil and healthy relationship.

We all know what it's like to be locked in a battle with someone. Often it can seem difficult to let go of the conflict as we don't know what our relationship would be like if we were not arguing. Hopefully by the end of your session with a mediator you will be able to redefine your relationship and work towards a better future.

If you're having problems with neighbours then seeking mediation help might be a good idea. Some council's even offer it as a free service, run by trained volunteers. Mediation can also help with personal family relationships and relationships within the workplace. The skills you learn from sessions can be invaluable in all walks of life. You may even consider taking a course to learn more about mediation, or decide to become a mediator yourself in order to help others.

About Mediation at Work

Conflict resolution training is available to anybody. Mediation training courses can provide you with the skills you need to help your neighbours and co-workers.

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Bringing a Professional Negligence Claim

Accountants, Doctors, Dentists, Lawyers, Vets and other professionals make an invaluable contribution to your life. They help you pay less tax, stay healthy or recover from an illness, look after your teeth, buy and sell homes, sort out failing relationships, look after pets; the list is endless.

All people are fallible and occasionally a professional will make a mistake. So if your professional indicates there may be a problem or you suspect there is one you face the prospect of having to criticise them and seek financial redress.

Making a professional negligence claim, whether it's suing solicitors or bringing a claim against any other professional advisor, can be a daunting prospect. To confront someone with whom you have placed trust is not easy.

Bringing a claim can be time consuming and a final result not known for months or years. To find a specialist lawyer who explains what is involved to you without a lot of jargon is essential. You can lose confidence in all professionals because a mistake has been made so that trust has to be built back up.

Most law firms have websites with information about who you might see for advice - if they don't even have a website, then you should think very, very hard indeed about whether to instruct them - they will almost certainly not be professional negligence claim specialists. You do need to make sure you get somebody specializing in professional negligence work. If you ring or email them after reading a bit about them it seems easier to contact them rather than make a cold call. Using email is helpful too. Most law firms who have actually made it into the 21st century will publish the email contact details of their lawyers.

You need also to act quickly. Any professional negligence claim has to brought within a set time period or it becomes barred by Statute. There are different time limits that apply for the type of claim that you might bring. It is the most frustrating advice I give when I tell someone that they did have a perfectly valid claim but it is now too late to bring it.

The professional being criticised will normally be insured (for Solicitors, for example, a minimum 2m GBP, professional indemnity insurance is mandatory - so when suing solicitors, for example, recovering compensation if your claim is successful should not be a problem). As a result, any claim will be defended by an expert team of lawyers. While you may wish to make a claim yourself, particularly when it comes to suing solicitors, it will pay you to find a lawyer that specialises in the claim you are bringing.

Your lawyer will advise you on how you might fund the costs of bringing a claim. You may have an insurance policy that can meet some or all of the costs or your lawyer may offer a No Win No fee funding arrangement.

Bonallack & Bishop can help you with your professional negligence claim. If you need specialist advice on suing solicitors then contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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Help Yourself by Knowing More About PPI Claims

Thousands of people are affected by the new financial phenomenon called mis-sold PPIs, but what really are PPIs? In definition, PPI is short for Payment Protection Insurance, it is a type of insurance that aims to help you during times when you can't pay off your debt due to some accident or any other instance that could hinder you from getting salary out of your work. But nowadays PPIs are usually abused by its brokers, selling off these insurances with thinking only about themselves and their commission and not about the benefits of the consumer. If ever you feel like you are experiencing a case close to this then it is advised that you are informed about PPI claims.

What you need to know about mis-sold PPIs is that these are unlawful and the brokers are highly unauthorized to make or give these out to clients. PPI claims are made by people affected by the injustice that these PPIs cause, this is optional of course. These claims are useful and very advantageous for consumers, in this case this would be you, and a PPI claims can help you regain what you have financially lost because of this insurance.

Now that you know that you may have yourself a mis-sold PPI, you may also need to know about PPI refunds and what you can do to get them. Here is how this works: check how much you owe your bank. Your bank can release your financial statements or you can get them online, it all just depends on your bank's policies. Consult your lawyer when it comes to legal proceedings, this move is best since your lawyer could give you some useful legal advice. Everything you have to do to reclaim your PPI is going to need a legal proceeding, it may be long and quite tedious, but it will be a fight worth your sacrifices.

It is highly distressing knowing that you have a PPI but it is actually mis-sold and at the same time you have been paying for it for hundreds to thousands of pounds. Some of the people who have mis-sold PPIs have made their respective PPI claims and were successful, so it would probably be easy for you to reclaim PPI knowing that others have done it too. This way, you know that there is a stout chance that you can actually get back what you have given financially because of these wasted PPIs that were even expensive than their actual debts to start with.

If you ever have a mis-sold PPI then you are better off informed of the benefits of making a claim. In the light of all this, PPI claims will be able to help you regain the hundreds of pounds that you've lost due to this injustice.

Tracey Bullman specialises in ppi refunds and other financial products for UK based http://www.ppirefundsuk.co.uk/. He also covers unfair mortgage charges and the financial claims industry generally, as well as writing articles on personal finance, house sales, repossession and business finance.

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History Of Our Robed Brothers Called Attorneys

So long as there are requirements and struggles for resources, there will be disputes between individuals. Therefore, there will be a need for counsel. If these people are not there, those affected remain beak in the water and they will continue to fight among themselves. This may cause further animosity. A society where there is much hate will be chaotic. To avoid such a situation, there is need of a legal system in which lawyers, which are also called "gentlemen of the long robe" play a major role. They help bringing discipline and order in society and also in the control of crimes, which may be committed because of animosity, hatred, jealousy and disputes.

Essentially, these people who are also known as lawyers, lawyers and consultants in law, are allowed to practice law and legal work of civil and criminal cases of people who believe in them, in a specific jurisdiction. In addition, they perform many other functions within the legal jurisdiction as of giving legal advice, drafting documents legal, etc. They also represent their clients in legal forums such as the courts, the courts and other administrative bodies.

Nevertheless, not all can practice as a lawyer. To do this, you should obtain qualified and obtain a Juris Doctor degree from an institution of law. This institution should have been certified. However, the Juris Doctor degree can be obtained if you already have a Bachelor's degree. You should practice for a fixed term, and then only, you can practice in the bars of other jurisdictions. However, it is also subject to the rules and regulations of other jurisdictions.

A peep in the history of the lawyers will show that the date of the first Attorney is still not found. However, the experts consider that the lawyers were there still of one to 1.5 million years. There are a few experts who believe also that a special gene called L1a should be present in the body of a person of legal skills.

History shows that even for 10,000 years, prosecutors had to fight for customers. During these days, small groups of lawyers were wandering from one place to another for customers. It is in the Valley of the heart they settled finally and the invention of writing coincides also with this period.

Anthropologists traced the first language of contract legal for the years 1880, when a Sphinx known as Pierre property rights were transferred in return. This legal document has been called the contract of the Rosetta Stone. It is said that Pharaoh then got angry on this sale and he ordered purge the Earth of all lawyers. This has led to the assassination of a number of lawyers and many other lawyers have fled the country. They could not settle in a place to practice law. They have literally wanderers in the desert until the revival of Greek and Roman civilization.

The history of lawyers is clearly available for this period from. It is the Attorney of the famous, Hammurabi, giving the code this way paved for lawyers and law get opportunities to manage the Affairs of others. This period from the demand for the services of lawyers began growing. If you look at the Greek history, Pythagoras was a Prosecutor. Lawyers were in charge in the policy. Roman history shows that the request of prosecutors has increased in other areas also. Thus, there were Solicitors for sport, the Admiralty lawyers and international lawyers.

When people more began the practice of law, there was deterioration in quality. This has led to many flaws in the legal systems. The so-called "Dark Ages" of this profession in and that has prevailed for many years. During this period, the legal profession and legal theory was missed by all. This is the year 1078 in England, the dark ages ended.

History shows that there were many personalities who have been the practice of law. Blackstone was regarded as the father of legal Latin. Leonardo da Vinci, a person of many talents, was also the practice of law. When nations started to conquer other lands and colonial rule began, Spain was relegated to the background and England came to the forefront as the colonizer leader. England had to send several attorneys to its colonies, including America. American history shows that it was the grandchildren of lawyers sent by England in America who defeated King George III in the famous case of King George III c. 100 bags of tea 14 f. Supp. 34 (Colonial Supreme Court 1783).

Since England had sent a number of lawyers in its colonies, there was a lack of lawyers in England. American history also shows that the new counsel of America out smarted and defeated the British in a legal war and the length of this extended legal war of 7 years. A nation called the United States was born when the legal war was won by the Americans. England learned its bitter lesson and decided to stop sending its lawyers to its colonies.

Since more people more has started to practice law, rules were transmitted only those who have studied in approved law schools may become prosecutors. The presence of the Harvard Law School was the first and the original model of the school began to give such rules to become lawyers.

The Rules for Evicting Tenants in Spain

The Spanish congress has recently passed a law encouraging the leasing of properties on the part of owners by making the eviction process much easier. Amongst other things, the new law speeds up the judicial process the owner is faced with when seeking an eviction or payment of rent due. The new process foresees the possibility of a direct execution of an eviction order in a period of time not longer than 15 days and without any other formalities in the case of tenants who do not voluntarily leave the property in the stipulated time.

The most important points of this new law are:

1. Reduction of the applicable time periods.

The time period for filing an eviction application has been reduced from 2 months to 1 month from the point where the landlord formally requests payment of outstanding rent. This eviction application can be avoided however if the tenant makes good any outstanding amounts in this time.

2. Rapid execution of the eviction order

A court sentence is now sufficient for the execution of the eviction on the day and at the time stipulated in the sentence.

3. Verbal Court Case

The new law also means that all actions, both the eviction itself as well the claiming of outstanding rent can now be carried out verbally (i.e. without the need for additional documentation). This will allow for the passing of a court sentence in as little as 5 days.

The law always provides that in certain cases the landlord will under certain circumstances now longer be necessarily bound to a minimum contract of 5 years. The cases in which he or she can rescind the contract now include if he or she needs the property for his or her own personal use extended also to the use of the property by his or her parents, children or spouse (in the case of divorce for example). These limitations must be expressly indicated in the rental contract however. If however on application of this clause for personal use, the property has not been reoccupied for the stated purpose, the landlord is obliged to return the use of the property to the previous tenant and to indemnify him or her for expenses occurred in seeking alternative accommodation. Once again, such conditions should be expressly stated in the rental contract itself, not least to ensure their rapid execution in the case of non fulfillment.

The author provides a service helping foreign nationals to set-up businesses in Spain and to get the appropriate legal, business and accounting assistance they require. To find out more click on the link - lawyers Spain; Accountants Spain;

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Tips for Choosing the Best Probate Attorney

It is very difficult and hard to endure the loss of your loved one. During this time, most people are not in a good state of mind to take care of the legal affairs. A probate attorney will be very helpful on such occasion and will look after the affairs of trusts, wills and estates on your behalf. Probate lawyers are qualified and knowledgeable in probate laws. They possess all the information regarding the legal procedures and provide you relief by handling all the legal matters. Probate lawyers come in two categories, litigation and transactional attorneys. The administration of a will which is uncontested and straight forward is effectively handled by a transactional lawyer. If the will is disputed in the court by the family members and if there is an anticipated litigation problem, hiring a litigator to fight for your interests in the estate will be beneficial.

Hiring the services of a probate attorney is always advisable as most of the people are not familiar with probate law. A professional transactional probate attorney will let you know about your particular situation and guide you to complete all the paperwork associated with the case. Your attorney can also offer professional advice and counsel to make any major decisions on your behalf.

Some people have their family lawyers who can look after the probate affairs in case of an unfortunate event. However, most of the people look for the attorneys when a need arises or when they expect there will be need. A qualified probate attorney can be searched for in a number of ways. Enquiring for referrals with people in your contact whom you trust is the best way to find a qualified attorney for your particular situation. If you know a relative or a close friend or a business associate who can suggest reputed law firms, you will save lot of time and effort in locating a reputed and competent attorney for your needs. But if you are unable to find attorneys through referrals, there are various other ways to find the lawyers you need.

Most of the people search the net to find competent professionals like doctors and lawyers. The names and addresses of a number of probate attorneys in your area can be obtained by searching online. Most of the professional lawyers in Iowa have their own site which offers sufficient information about their firm, experience, background, education and much more. A person can also take the advantage of locator service offered by the American Bar Association's website to find attorneys in any state. Though this directory doesn't recommend any attorney but a person is able to get contact details of various lawyers so that he can follow up the lawyer he prefer.

Goodwill of the law firm, certification in their field, amount of experience in probate law, affiliations with legal associations, legal fees, local references etc. are some vital factors which must be considered while selecting a probate attorney. You have to contact various attorneys personally before choosing the final one. It is necessary to have personal communication which will help you to establish friendly relationship with your chosen lawyer. This will also help the lawyer to find out whether you can work with them. Finding attorneys possessing qualifications you wish is not very difficult, but when you meet and communicate with them in person you may feel uncomfortable. It is preferable to select a lawyer with whom you feel easy and comfortable to communicate.

If you are doubtful about an attorney's expertise or background, ask them to provide references with whom you can inquire about his services. This will help you in knowing the capabilities and character of the lawyer and you will feel comfortable to communicate with them. Since probate lawyers are quite busy, it is not easy to get an appointment with them. If a probate lawyer is too busy, it indicates that he is reputable and has lot of clients. But at the same time, being too busy may mean that the lawyer will not give much attention you desire. All these things are necessary to be considered while selecting a lawyer.

Cedar Rapids Attorney of The Offices of Angela M. Railsback Attorney at Law pursue cases of Adoption Law, Custody, Divorce, Probate, Juvenile, Civil Litigation and Family Law in Cedar Rapids Iowa

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyers as specialist or expert in an indicated field of law practice nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. These disclosures are required by the Supreme Court of Iowa

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