structured settlement and attorney basics

dwd-a danger that causes car accident

2007-11-29T06:03:00.000-08:00

Nearly 100,000 car accidents each year is caused by DWD--Driving While Drowsy. Approximately 1,500 people are killed in car accidents because of it. According to sleep experts, driving tests on someone being awake for 18 to 19 hours results in the similar findings as someone who has an alcohol level of .1.

According to the National Highway Traffic Safety Administration, a typical automobile accident related to DWD--driving while drowsy--has the following characteristics:

The problem occurs during late night/early morning or mid afternoon.
The car accident is likely to be serious.
A single vehicle leaves the roadway.
The automobile accident occurs on a high-speed road.
The driver does not attempt to avoid the car accident.
The driver is alone in the vehicle.

Although no driver is immune, the people highest at risk are young people (ages 16 to 29), especially males; shift workers whose sleep is disrupted by working at night or working long or irregular hours; and people with untreated sleep apnea syndrome or narcolepsy.

Studies have showed that taking a short nap (about 15 to 20 minutes) and consuming caffeine equivalent to two cups of coffee do make a short-term difference. However, other suggestions such as opening a window or listening to the radio have not proven to remedy DWD.

If you are too drowsy to drive, pull over and rest. Call a friend to pick you up. Do something so you and all the other drivers and passengers on the road are not injured or killed because of your driving while drowsy.

In my practice, I have represented families who have suffered because someone else caused an automobile accident because they were too tired to drive safely. Families can be forever changed because of a car accident. I have seen it happen too many times!

cash for structured settlement

2007-11-26T08:32:00.000-08:00

Obtaining cash for structured settlement payments is a rather complex process. Before making the decision to cash in your structured settlement, it's important to understand how the process works.

You can receive cash for structured settlement payments by selling your note payable to an annuity broker or financial institution. There are numerous companies who offer lump sum cash payments in exchange for annuity payments. However, it is important to scrutinize the individual or company offering the deal.

When selling structured settlement payments you will be required to sign legal documents assigning the rights to your future payments over to the investor. Depending on your financial circumstances you may choose to sell all future payments or only a portion of them.

Let's say you have a structured settlement valued at $100,000 and paid out over 10 years. You receive $10,000 per year. Now, let's say you are in need of $10,000 cash. Instead of selling the entire structured settlement, you can sell one year of payments in exchange for a lump sum cash payment. After the $10,000 has been repaid to the investor through the assignment of payments, the annuity payments will resume and be paid directly to you.

The first thing you will need to do before selling your structured settlement payments is to determine how much money you need. Oftentimes, people sell their structured settlement to pay off medical expenses, debts or college tuition. Others are in need of quick cash for investment purposes such as buying real estate or stocks and bonds.

Prior to selling structured settlement payments the seller must obtain court approval. A judge reviews the case to determine if the seller will benefit from the transaction. As long as there is a genuine need for the transaction, the judge will normally approve the request. However, if the judge denies the request, structured settlement purchasing companies may be able to help the seller take the necessary steps to obtain authorization from the court.

When working with a structured settlement investor you will be required to provide details about the note. The investor will need documentation of the transaction including the name of the insurance company and the exact dates and monetary amounts you receive.

The investor will review the structured settlement to determine its present day value. Afterwards, the investor will contact you to discuss payment options. Once the terms have been agreed upon, legal documents will be filed with the court. Upon approval from the court, it usually takes between 6 and 8 weeks to receive cash for structured settlements.

You want to feel at ease with the structured settlement investor or company you choose. Take time to conduct research and contact references provided by the investment company. Ask plenty of questions and make certain you have a thorough understanding of the transaction prior to signing any documents. After all, it is your money and you don't want to lose it to an unscrupulous individual

Carmen Electra files lawsuit against Naked Women's Wrestling League

2007-11-24T00:03:00.001-08:00

Washington, Nov 9 (ANI): Sex symbol Carmen Electra has filed a lawsuit against America's Naked Women's Wrestling League (NWWL) for allegedly failing to pay her 300,000 dollars for hosting several events.

The former ‘Baywatch’ star has claimed that the bosses of NWWL had promised her to pay 400,000 dollars for her appearances, but she only received 100,000 dollars.

As per TMZ.com, Electra has also accused the NWWL for releasing DVDs which used her image, including Twin Peaks and Operation Naked Storm, without payment.

The 35 –year old actress has filed the legal papers in Los Angeles County Court.

Electra created the Naked Women's Wrestling League in 2005, acting as the commissioner for the professional wrestling promotion. (ANI)

Britney Spears faces lawsuit for 'trashing' a $1.5 million apartment

2007-11-24T00:01:00.000-08:00

20 November 2007 (Bang) - Britney is facing more legal trouble after reportedly "trashing" a $1.5 million apartment in California's Marina Del Rey in August 2006.

Real-estate agent Amir E. Zagross, who is threatening to sue the singer, told Life and Style magazine: "I met Britney at the condo myself with her mother, brother, sons and her bodyguards. They assured me they were immaculate, nice people who would take care of the property.

"But the damage was significant. They destroyed it. We couldn't re-rent the condo because of the state it was in."

In an unrelated development, Britney Spears' 'Do Something' music video won't air on European TV stations again after Louis Vuitton claimed it "damaged their image".

The luxury clothes and accessories brand won an injunction in Paris yesterday (19 Nov 2007) to stop the 2005 video - which shows mother-of-three Britney driving a pink car emblazoned with the company's prestigious 'cherry blossom LV' symbol - from being shown.

Sony BMG and MTV Online were ordered to pay $117,600 each for "damaging" the brand's image, and are expected to pay $1,470 for every day the video remains on the internet.

Louis Vuitton has continuously worked to prevent its goods from being copied, and has fought the ongoing battle in French and other courts

Entireties Exemption in Florida and New Jersey

2007-11-23T08:44:00.000-08:00

The adversary proceeding in the case of In re Kirshner, Case No. 05-34406, Adversary Case No. 06-01872 (Bankr.S.D.Fla. October 30, 2007)(Hyman, C.J.) presented various issues to the court. Among them was the trustee's objection to the debtor's claim of exemption of certain personal property as held as tenants by the entireties. The case was commenced by the filing of an involuntary chapter 7 petition in New Jersey and was transferred to the Southern District of Florida. The debtor consented to the entry of an order for relief but converted the case to a chapter 11 case. The chapter 11 case was later converted back to a chapter 7 case.

Pursuant to 11 U.S.C. section 522(b)(3)(B), an individual is allowed to exempt from the bankruptcy estate "...any interest in prooperty in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety...to the extent that such interest...is exempt from process under applicable nonbankruptcy law. 11 U.S.C. section 522(b)(3)(B). The court allowed the exemption of certain stock. The court found that the stock certificate was issued while the debtor resided in Florida and therefore the Florida law of tenancy by entireties applied. Furthermore, the court held that the trustee failed to introduce any evidence of any joint debt with the non-filing spouse.

The court also examined the exemption of the household goods under section 522(b)(3)(B). The court reviewed the six characteristics of property held as tenancy by the entireties - unity of possession, unity of interest, unity of title, unity of time, survivorship, and unity of marriage. In addition, the parties must have intended to create an estate of tenancy by the entireties. The court found that given the requirement of intent and the unity of time, the issue of whether a tenancy of the entireties was created must be determined under New Jersey law which was the state in which the property was acquired. The court noted New Jersey statutes does provide for the holding of personal property as tenants by the entireties if certain requirements are met. New Jersey Statutes section 46.3-17.2. But the court found that debtor did not meet the statutory requirements as to the household goods as the debtor did not produce a written instrument. In any event, the court apparently noted in footnote one, that in New Jersey property owned as tenants by the entirety is not exempt from the claims of an individual's sole (non-joint) creditors as is the case in Florida.

It is interesting to note that in footnote one, the court stated that in Florida, with limited exceptions, that entireties property does not become property of the estate when only one spouse files for bankruptcy. (citing e.g. In re Kossow, 325 B.R. 478, 483 (Bankr.S.D.Fla. 2005). This would be in contrast to a position that such property is initially part of the estate but is subsequently exempted out.

The debtor also sought to exempt his claim to the Rule 9011 motion that he filed against the petitioning creditors and their attorneys for allegedly having improperly filing the involuntary chapter 7 petition against him. The court held that before the issue of the exemption should be determined, it needed to be determed whether the Rule 9011 motion was property of the estate. The court noted that the 11th Circuit has held that federal law determines whether an interest is property of the bankruptcy estate but that property and interests are created and defined by state law. Witko v. Menotte, 374 F.3d 1040, 1043 (11th Cir.2004). The court found that under Florida law, a cause of action accrues when the last element constituting the cause of action occurs. In re Alvarez, 224 F.3d 1273, 1277 (11th Cir. 2000), Fla. Stat. section 95.031(1). The court found that the 9001 motion cause of action did not arise until the involuntary petition was filed against him and that it was not "sufficiently rooted" in the debtor's pre-bankruptcy past as was the malpractice claim in the Alvarez case. The court therefore found that the issue of the exemption of the Rule 9011 motion was moot as it was not property of the estate.

Florida Landowners Now Liable for Car Accidents Caused by Their Landscaping

2007-11-23T08:37:00.000-08:00

In some great news for Florida drivers, the Florida Supreme Court held that homeowners may be liable for personal injuries and wrongful death from car accidents which are caused by the landowner's failure to prevent their landscaping from overlapping into a public right of way and obstructing other traffic or traffic signs and signals.

In reviewing the case of a 1997 truck accident, which claimed the life of a driver, the Supreme Court extended the liability, which already exists for commercial property owners, to homeowners who improperly allow their trees and bushes to extend over their property-line and into a public right of way. As South Florida personal injury attorneys, we believe that this codification of the law will truly benefit all those traveling on Florida roadways.

The minimal costs and effort now mandated upon private landowners, is greatly outweighed by the life saving benefits to Florida drivers. Finally, victims of Florida car accidents, whose cases were previously denied as unavoidable, now have the right to collect damages from private landowners who disregard the growth of their landscaping. On Thanksgiving, this is certainly something for which all Florida drivers should be thankful.

Why do so many lawyers give deceptive advice?

2007-11-23T01:19:00.001-08:00

It has been a busy month at The Jaffe Law Firm. We have talked to a lot of people accused of DUI in Arizona, and a lot of these people also have spoken with other attorneys. While many of the attorneys these potential clients have seen have given them solid advice and information that is in their best interest, I find it very disturbing that many others do not. I am frustrated that many of these people whom I have spoken with believe the bad advice or information they have obtained elsewhere.

I started to think about why would a client believe or choose to follow blatantly bad advice in an Arizona DUI case? I'm not talking about bad advice about what to wear to court. I'm talking about the kind of bad advice that can result in stiffer fines, longer license suspensions, higher insurance and more jail or prison time. On the more harmless side, I'm talking about advice that causes the client to spend more money on an attorney than the client has to (yes, there are times when one is accused of DUI in Arizona where, because of that person's goals, it will not benefit them to hire an attorney to defend them).

After thinking about it I came to two possible conclusions: 1) the clients who ignored my good sound advice in favor of an illusion sold by somebody else are stupid; 2) the clients who ignored my advice wanted despertly to believe what the other or others had told them; or 3) the clients knew my adice was good, but because it was the truth, it left nobody for them to shift the blame to later on because I had been straight with them from the beginning. I don't know if there are other reasons, and it is certainly not my place to ask defendants who don't choose to retain my firm why they went somewhere else. Sometimes I see them in court later on, and sometimes the give me a look acknowledging their mistake, but by then it is too late. At that point it would be interferring with their relationship with the attorney they did hire to ask. So I keep my mouth shut, and service the clients who are enlightened enough to see that we give them the truth, 100% of the time, even though it means losing a whole demographic of clients who aren't ready for the truth.

It also caused me to ponder why some attorneys, who should know better, give clients misleading advice.

One approach is to scare the client into retaining and then behaving. I see this approach all the time (based on what clients who are smart enough to find their way into our office say). One manifestation is the scare tactic. Some firms, even on a first offense standard DUI, where the client is typically exposed to an expected sentence of one day (1 day) in jail... some firms tell them that they are exposed to 180 days in jail. Technically speaking, it is true that a misdemeanor DUI carries a maximum sentence of 180 days in jail. However, in my entire career, I have never, not even once, seen any judge sentence a person with an otherwise clean record to 180 days on a first offense DUI. Not even close.

So why do attorneys give that misleading advice? My guess is that it scares people into retaining them. My guess is also that, when the firm comes back to the client with an offer to do the mandatory minimum sentence (1 day), the firm then appears to be a hero to the client, and the client believes the firm has done them good. In many cases, the client would have gotten this same offer without ever hiring a lawyer at all. But as long as the client proceeds in ignorance, then the firm looks good, has to do no work, and gets to keep the 7k or 10k they charged the client for what amounted to 3 hours worth of work.

But why be a scumbag when regardless of the attorneys good or bad behavior, there are still the same large (but finite) number of potential clients out there who have the resources and intention to hire a private law firm to defend them? It amounts to laziness, I suppose. Or greed. Or incompetence. Or a secret bias against the very clients the firm seeks to defend (and therefore a rational cognitive justification for taking advantage of the client, and taking the client's money based on lies or half-truths).

I would love it if the Arizona State Bar Association would send under-cover people in to interview attorneys, posing as potential clients. I would love it if they would take action against attorneys who mislead potential clients and therefore diminish the public's perception of lawyers as a whole. I would love it if potential clients would educate themselves prior to being fooled by a TV ad or billboard or sign above a urinal. I would love it if potential clients would have the courage to walk out of a lawyer's office if they don't feel entirely comfortable instead of retaining that firm. I would love it if our system of justice wasn't stacked against the "little guy" on all sides.

To the lawyers who give the kind of bad advice I have mentioned in this article, contact me and let's talk. If you sincerely don't know that you are harming your clients, and the DUI defense bar in general by your behavior, let me buy you lunch, and let's talk about ways that you can continue to make a good living, but do so with dignity and skill, rather than the way you currently operate.

How to Make Tax Time Less Painful

2007-11-23T01:15:00.000-08:00

There are a few things that you can do throughout the year that may help you get through tax time with less stress. First, organize your documents and keep them organized throughout the year. Search the internet for free websites that give you organization suggestions. Some of them even have templates to help you put your tax records in order. Consider a good software program like Microsoft Money which has a 90-day free trial.

If you itemize your deductions, and you certainly should itemize if you are self-employed, keep all your receipts in an expandable folder that can be organized by month, alphabetically, or any way that you want to organize it. If you are ever audited, you will lose the deductions you claimed that cannot be verified by a receipt. If you make cash donations, IRS has a formula that calculates how much you can deduct, but, as with any other deduction, you must have a receipt in order to claim the deduction. Be sure your receipts have the name, date, address, amount, purpose, type, value, and any other information pertinent to the validity of the deduction.

Unless you are really knowledgeable in accounting and tax law, a good CPA is well worth the money. The tax laws are constantly changing, and the average person cannot keep up with the changes let alone understand them. Remember that you should always make the best use of your resources, and that includes using your talents for those things that you do well and outsourcing those things that someone else can do better.

There is no absolutely certain way to avoid an audit, but people say that certain things increase the likelihood of an audit. For example, make sure there are no math errors in your tax return. If there are inaccurate calculations, the IRS will have to take a second, more careful look at your return. Once IRS is looking more closely at your return, there may be red flags that could lead to an audit. It is best to do the math correctly so that IRS never has to take a closer look at your return.

There are blogs and websites for almost any topic, and doing a little research will help you be better educated and less stressed. Don’t forget that your local library has many book about income taxes and tax returns. You may also want to look into Turbo-Tax, Microsoft TaxSaver, or one of the other good tax software. Even if you hire a CPA, you will save yourself time and money by being well-prepared and by understanding the process.

IRS also has telephone help lines that can be really helpful. The IRS website at www.irs.gov is also very helpful and easy to use. It is alright to contact IRS and ask questions. You are not any more or less likely to be audited if you contact IRS and ask your questions. As previously stated, you are more likely to be audited if you make errors on your tax return. These are just a few basic suggestions that can help make tax-time less stressful for you

Why and How to Avoid Bankruptcy

2007-11-23T01:14:00.000-08:00

Why and How to Avoid Bankruptcy

Avoiding bankruptcy no longer seems to be on most debtors’ lists of priorities and the number of recorded bankruptcies is soaring. There were around 70,000 bankruptcies recorded in 2005 and about 45,000 of these were voluntary bankruptcies. This statistic clearly demonstrates the worrying fact that a large proportion of debtors see bankruptcy as a debt solution rather than as something to be avoided.

Bankruptcy trends are changing in a way that is concerning economists. In the late 1990s the UK also experienced increasing bankruptcy rates. However, 60% of these bankruptcies were as a result of companies becoming insolvent. The picture is very different today as most bankruptcies are the result of individual insolvencies. In the fourth quarter of 2005 there were 20,461 bankruptcies which resulted from individual insolvencies. This figure represents an increase of 57% against the same period in 2004.

Although many people do not seem concerned about avoiding bankruptcy they really should do so if at all possible.
Avoiding bankruptcy is important because of the penalties, disadvantages and stigmas that it carries.

Going bankrupt often means losing your home and your business and professional status. It also means that it is impossible to hold public office or form, manage or promote a company in the future.

Bankruptcy should also be avoided because it makes it very difficult to obtain credit and your employment prospects can be prejudiced.

Avoiding bankruptcy is both advisable and possible with an IVA. The government introduced IVAs in 1986 to help people to avoid bankruptcy.

An IVA is a binding agreement between a debtor and their creditors. The debtor agrees to repay their debts over a five year period via affordable monthly repayments. These monthly repayments can be as low as £200.

In return, the creditors freeze interest on the debt, agree not to contact the debtor while the IVA is in place and write off a proportion on the debt. It is not uncommon for as much as 85% of a debt to be written off with an IVA.

After five years the debtor is deemed to be debt free. There are no disadvantages or penalties associated with an IVA. Furthermore, because an IVA is a private agreement between a debtor and their creditors there is no stigma attached. As a result, an IVA is an excellent way of avoiding bankruptcy.

Structured Settlement Annuity

2007-11-23T01:12:00.001-08:00

You may be considering a structured settlement annuity, but there are some things you should know. A structured settlement is a term that refers to a deferred payment obligation resulting from the settlement of a personal injury claim. In many cases these settlements are paid out over time. There has been much controversy in regards to people who cash in a structured settlement annuity payment award. Structured settlement annuity, is just one part of a very large industry. Some people think it is not legal to sell their structured settlement or annuity payments. There are people who sell their structured settlement or annuity payments all the time.

Most people do not realize that a structured settlement annuity provide a large income stream to insurance companies. With a structured settlement annuity , the government can give large tax breaks to insurance companies. This is a great benefit to insurance companies when the settlement is structured to provide a means for the insurance industry to get these tax advantages. The idea is by structuring the payments of an injury award over time. This helps the injured person to receive long term support and in turn, helps keep these people off of welfare. When the insurance companies help keep these people off government subsidy, these insurance companies are providing a valuable public service. This is why settlement awards can help insurance companies get these tax breaks. Insurance companies can make money from the interest they earn from a structured settlement annuity.

Structured settlement annuity payments to the injured person is tax free. This income is not reported to the government (as income) in the first place. This is why it can be a win-win situation with a structured settlement annuity. When someone needs money for their own personal reason, they can now sell their structured settlement annuity. These companies make it possible to get large cash payouts that were not available before because of the insurance companies being inflexible. Now a person can convert their structured settlement annuity payments to cash for whatever reason they want.

When considering a structured settlement annuity or selling a structured settlement annuity, you should retain an experienced attorney. It is wise to have an attorney explain all the details involved with a structured settlement annuity and the process involved in selling a structured settlement annuity for cash.

You can do a simple online search for all the services and resources to help you make the right decision with your finances and a structured settlement annuity

Structured Settlement And Reverse Mortgage - General tips

2007-11-23T01:11:00.001-08:00

With a structured settlement and reverse mortgage, you can tap into income that can out live your financial responsibilities. They can help you have peace of mind. There are some important considerations with structured settlements and reverse mortgages. Taking some time to understand what they are can help you make the right financial decision for your life.

What Is A Structured Settlement?

A structured settlement is a deferred payment obligation resulting from the settlement of a personal injury claim. In many cases these structured settlements are paid out over time. With a structured settlement, the payments are scheduled up front. This can provide a steady source of dependable and predictable income for the rest of your life. A structured settlement annuity issuer guarantees payments in terms of the structured settlement agreement to the injured party. The payment and schedule are fixed. The income from a fixed annuity is tax free, if the income is the result of personal physical injuries or a physical illness. With a structured settlement, a fixed annuity contract is issued by a life insurance company. The assets are invested in the insurance company’s general account.

What Is A Reverse Mortgage?

The most common type of reverse mortgage is a reverse annuity mortgage that was developed by HUD. You have to be 62 years of age or older. You also have to live in the home and must have the mortgage paid off with this type of program. The government is responsible to insure your mortgage. Reverse annuity mortgages have been created to help ageing citizens to be able to tap into the equity of their paid off home. Sometimes a homeowner can qualify if there is enough equity in the home, even if it is not completely paid off. With this type of reverse mortgage, the homeowner can receive a tax free payment each month. The mortgage is paid off when the home is latter sold. In some cases, the reverse mortgage funds can be paid to a qualified person in a lump sum. A qualified homeowner can also use the option of a line of credit. Generally the amount that you qualify for will be based on your age, the equity in your home, and the amount of the interest rate the lender charges.

Watch Out For Structured Settlement And Reverse Mortgage Scams

With both a structured settlement and a reverse mortgage, you should always beware of scams. When there is large amounts of money involved, there can be unscrupulous people who may take advantage of the elderly. Be sure to do your homework and search online for the best resources and information available to you. It’s best to retain an attorney for any type of financial decision you make to explain all the options and terms in regards to structured settlements and reverse mortgages.

PHYSICAL AND SEXUAL ASSAULT

2007-11-21T04:39:00.002-08:00

PHYSICAL AND SEXUAL ASSAULT
If you are physically or sexually assaulted by another person, you can bring a personal injury claim (civil action) against them to recover payment for your medical bills, lost wages, pain, suffering, and any other financial loss that you sustained as a result of the assault. A personal injury claim is separate from any criminal proceedings that may also be underway. The criminal court can find the other person guilty or not guilty and sentence them to prison; however, in the civil action, the judge or jury can order the other person to pay you money as compensation for your injuries and losses. You can bring a civil action even if the other person was found "not guilty" in the criminal court.

Many of the assault cases we have handled involve patrons of bars and clubs who are assaulted by "bouncers" or security personnel. In one such memorable case we represented a young man who was assaulted by two security employees who were employed by a bar in north Georgia. Our client was sprayed with Mace and then beaten. He immediately contacted the police who charged both bar employees with assault and battery. Even though a jury acquitted them on the criminal charges, we filed a civil suit against the bar and the two employees. After a trial a jury awarded a large sum to our client.

In another case our client, a long time patron of a large upscale department store in Atlanta, was followed to her car by store security personnel, in plain clothes. These employees accused her of shoplifting and demanded that she return to the store. They grabbed her and forced her back to the basement of the store where a female employee strip searched her. When it was determined that she had stolen nothing, she was told to leave the store. She called the police who arrested all of the security officers involved. Following a trial by jury she was awarded a seven figure verdict.

These assault cases take many forms. If you have been physically or sexually assaulted by someone, you should immediately seek legal advice

Expert Opinion in Serious Injury and Death Cases

2007-11-21T04:39:00.001-08:00

In serious injury and death cases our attorneys consistently face challenges from the defense to the testimony of our highly qualified expert witnesses. These challenges are based upon the rule of evidence known as the Daubert standard.

The Daubert standard is a legal precedent set in 1993 by the United States Supreme Court regarding the admissibility of expert scientific testimony during legal proceedings. In Daubert, the Supreme Court ordered federal trial judges to become the “gatekeepers” of scientific evidence. Trial judges were instructed to evaluate expert witnesses to determine whether their testimony is both “relevant” and “reliable”.

A two-prong test of admissibility was established. The relevancy prong refers to whether or not the expert’s evidence fits the facts of the case. The relevancy requirement has always existed in the law.

The reliability prong was new. The Supreme Court explained that in order for expert testimony to be considered reliable, the expert must derive his or her conclusions from the scientific method. The court then offered general observations of whether proffered evidence was based on scientific method including such things as empirical testing, peer review, the potential error rate, and whether the theory or technique is generally accepted by a relevant scientific community.

In practice, this standard has been burdensome, and grossly unfair to claimants in courtrooms. Trial judges are simply in no better position than juries to serve as “gatekeepers” to scientific evidence. In fact, many of these judges bring their own biases to their determinations. One example given is that under this standard, if Christopher Columbus were required to appear in a courtroom during his lifetime using the Daubert standard, his opinion that the world is round would have been inadmissible.

As part of the so-called Governor’s tort reform of 2005, the Daubert standard was adopted by the state legislature for use in Georgia. However, bowing to pressure from the Prosecuting Attorney’s of the state, who realized how gross unfairness of the Daubert standard, the governor and legislature exempted criminal cases from the Daubert standard. However, catering to the demands of the insurance industry and large corporations, the legislature adopted the Daubert standard for civil cases.

Currently pending before the Georgia Supreme Court is a case in which the Daubert standard is being challenged on constitutional grounds. An argument is being made that it denies equal protection to adopt the standard in civil cases and not in criminal cases. It will be very interesting to see how the Georgia Supreme Court handles this challenge, especially in light of the fact that in recent years, large insurance companies and corporations have thrown millions of dollars into the judicial races in attempts to elect candidates who will follow their agenda.

Asbestos Attorney - Legal Advice on Cancer and Mesothelioma Settlement

2007-11-21T04:32:00.002-08:00

It takes decades, somewhere between 20 to 30 years, before mesothelioma or any asbestos-related cancer develops. This is because it takes time before the asbestos fiber to really cause damage in the lungs, the abdominal cavity or any parts of the body where there is a large presence of asbestos fiber. Thus, people, usually men, who have worked in settings like shipyards, industrial plants and construction sites only find that they have cancer after ten or twenty years of waiting. Worst comes to worst, they do not even discover their sickness at all, until several days before they die.

Once you have contracted mesothelioma or any asbestos-related disease, it is best to seek professional advice on how to fairly compensate the damages, and injuries that you incur with regards to exposure. Normally, victims file for personal injury cases against the known person/s or company /ies who were instrumental in the exposure of the people involved.

For example, people who have worked in asbestos mines will almost always file a case against the company who owns the mines. However, this must be proven substantially and there should be strong evidences that leads to the name of the company or the body of people responsible for the injuries.

The investigation is quite tedious as the evidence goes back some decades ago and might even involve other people as witnesses. If there are strong claims and evidence then it is a great possibility of winning the case. But since the trial will be a very long and very expensive process, many parties opt for settlement. Thus, the majority of cases do not even reach the actual due process since they are already cut off at the very beginning of the trial with a mutually agreed settlement.

Of course, victims have their options in filing the case. They may choose to file it themselves with or without an attorney, file the case as a group or file an individual case through an attorney. The best option, obviously, is to file a mesothelioma or asbestos cancer case with a reputable attorney or as a group with the backing of an attorney. Lawyers, of course, are learned in the system of the law and they are the once who can bring to the court the victim's case.

Also, remember that the field of law is a complex system where only experts can maneuver. It is also subject to continuous change. For example, some companies are protected by the courts against individual asbestos or mesothelioma claims. It is only inevitable for one to find a lawyer who would work the victim's case.

And in the case of personal injury attorneys, they will file the case and go into the trial or settlement without the victim having to spend any out-of-pocket expenses. Personal injury attorneys, as some of you know, only get their stipend through a contingency basis.

If you want to know your best options, it is advisable to immediately raise your case with a reputable personal case injury attorney or firm who will maximize the possibility of rendering you a fair compensation, either through a complete trial or through settlement.

If you opt for trial, expect several months of constant court hearings where every hearing is a different story. If you think you can't handle this form of stress, it is best to talk with your attorney of the possibility of settlement.

If you choose to have a settlement however, you may have a lower chance of losing. Take note that some companies who have previous cases of asbestos-related claims are more experienced in winning (and sometimes) losing their trials. This is why it is best to know what are the possibilities of both losing and winning the case. The amount of settlement is often as much as those that might come out at the end of a full trial. But considering everything that is saved from not continuing the court trials, for example the expense on research, the settlement is substantially worth it. Besides, personal injury claims normally have high settlement rates.

Before you take your personal action, the best thing you could do initially is to research for a lawyer who really makes strong cases. This is because of the qualifications for the value of settlement includes the reputation of the lawyer. After which, decide how you want things to end, do you want a settlement or a full trial?

Is selling a structured settlement a good investment

2007-11-20T08:31:00.000-08:00

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Before one decides to sell his structured settlement for another investment opportunity; it is worthwhile to consider the pros and cons of such an action. The most important advantages of structured settlements include regular payments that are free from income tax and are secured by state and federal laws. This cannot be said of many other investment options. Structured settlements can also be invested in government schemes that may offer low returns but are guaranteed.

The main reason for an individual opting for another investment vehicle is the apparent high returns from that investment option. These options include stocks and real estate. One should compare the pre-tax income from an alternative investment source to that from a structured settlement. Also, the process of selling a structured settlement involves a cost. This is because the amount of settlement payment sold is more than the lump sum obtained. This cost should be factored and compared to the returns from another investment.

An important advantage of a structured settlement is that the individual is not required to manage the settlement payments. No taxes mean freedom from keeping abreast of tax laws. With any other form of investment, a person has to first be confident enough of managing his own investment portfolio and control his finances.

If one has the necessary experience and skills to run a business, lump sum obtained from the sale of a structured settlement can be used as capital. However, since the amount obtained is less than the value of the settlements sold, one should ideally try and sell as little of the structured settlement as possible. The assurance of regular income as guaranteed by a structured settlement should be traded for another investment option only after due consultation with an attorney. In fact, legal advice on the sale of structured settlement is a pre-requisite in several states in America.

One advantage that other investment options offer is the freedom of managing one¡¯s own money; this can be of use to those who are into financial trading and have their fingers on the market pulse. With ready cash in their hand, they can invest immediately when opportunity presents itself.

THE WCAB EN BANC IN COSTA 2

2007-11-17T23:21:00.000-08:00

A unanimous California Workers Compensation Appeals Board has issued its decision in Joey Costa vs. Hardy Diagnostic and State Compensation Insurance Fund.

Here's the link to the decision:
http://www.dir.ca.gov/WCAB/EnBancdecisi ... 7-EB-8.pdf

The decision (Costa "2") affirms the right of applicant attorneys to use vocational experts/labor market experts to rebut the permanent disability rating schedule.

But who will pay for the cost of a rebuttal expert?

The WCAB has determined that the costs must be bourne by the defendant although the board will look at the reasonableness of the costs on a case by case basis. Referencing Labor Code Section 5811, the WCAB found support in the case law for allocating these costs to the insurer. However, the costs must be reasonable and necessary at the time they are incurred.

The WCAB noted that one of the few parts of the Labor Code left intact in the 2004 SB 899 reforms was language which historically had been used to justify admission of evidence to rebut the rating schedule.

Costa 2 takes on added importance for workers because of the low disability ratings under the permanent disability rating schedule adopted in 2005. Not every low rating will be subject to rebuttal, however.

For example, some workers who have returned to work may not have sufficient diminished earning capacity to justify this approach. And the time and expense of the process makes it impractical to do this in every case. In many parts of the state the pool of vocational experts has shrunk along with the demise of the vocational rehab benefit.

Claimants without a lawyer will be unable to evaluate whether this approach is suitable (or even possible) for their cases. It will be interesting to see what advice the Information and Assistance Officers give on this point.

And there may be some resistance from some judges since the use of DFEC rebuttal testimony can result in time consuming testimony.

Will Costa 2 make the insurance industry long for the pre-2005 rating system? No. But will it spur action for a meaningful revision of the PD rating system? Maybe.

Stay tuned. You can subscribe to the blog by using the RSS buttons at the lower left hand side bar.

Excessive Attorney Fees

2007-11-15T05:41:00.000-08:00

Every six months or so they added more charges to our mortgage, such as drive-by property preservation and attorney fees for sending me a letter to say I was late in payment," Kelly adds. "I got a letter from Chase saying that we had to pay $4,688 by the end of 2004 or they would foreclose on our home. That year we missed Christmas, we missed everything to scramble enough money together.

"On January 3rd I received a letter from Chase saying our mortgage had been sold to EMC—right after making that payment. That meant I just sent this money to them for nothing. When I finally got a print-out of our mortgage history from EMC, there was $1,255 carried over that "But they didn't foreclose; instead they sold our mortgage so what was this money going toward?"

Chase told Kelly that it went to their legal fees--not one cent was reflected in their mortgage. "By the middle of January, 2005 I finally spoke with someone at Chase in their customer service department," says Kelly. "They gave me no information because the loan no longer existed. I asked to speak with their legal department but I was told to formally write them with our account number and question. Which we did. I got a letter back saying the loan number did not exist.

The account number I wrote was not a typo. I just cried. Chase had no information because they sold our loan and I didn't have money for an attorney because I had spent all our money trying to keep our home.

We just refinanced with our local bank; we didn't know that the mortgage had been sold to EMC until two weeks after the fact.

And we just paid EMC lawyers $7,000 because they were going to foreclose on our house. What were their attorneys doing for that fee? On our EMC history, I have a list of attorney fees more than two years old, with charges from $7.95 to $145 (the description on each charge just says attorney' fees) and every now and then $227 is added. We never knew about these fees until we refinanced with our bank. Our principal balance was $22,700 and we had to finance $35,000-- that included Escrow and the $7,000 in attorney fees. We came so close to losing our house from these predators - unbelievable..."

Unfortunately for many borrowers, excessive attorney fees in connection with house sales and foreclosures in particular are becoming common practice. Companies like Mortgage Electronics Registration Systems, Inc., (MERS) charge borrowers more than it pays foreclosure attorneys and borrowers may not even realize they are being charged these "hidden costs".

Buyer beware--read the fine print and ask questions. And you may want to seek legal help. Keep in mind that all attorneys such as those working in connection with companies such as MERS may be unaware that the consumer is being charged excessive fees.

Common Defenses to Criminal Charges

2007-11-14T22:40:00.000-08:00

Here are a handful of ways in which a defendant might get off the hook.

To convict a criminal defendant, the prosecutor must prove the defendant guilty beyond a reasonable doubt. As part of this process, the defendant is given an opportunity to present a defense. A defendant may mount a defense by remaining silent, not presenting any witnesses and arguing that the prosecutor failed to prove his or her case. Frequently, this is the best and strongest way to proceed. But there are many other types of defenses, from "I didn't do it" to "I did it, but I was too drunk to know what I was doing."

The Presumption of Innocence
All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free.
The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant's guilt beyond a reasonable doubt, makes it difficult for the government to put people behind bars.

Proving Guilt "Beyond a Reasonable Doubt"
The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- anything over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt -- that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
Sometimes, however, a defendant can avoid punishment even if the prosecutor shows that that the defendant did, without a doubt, commit the act in question.

Self-Defense
Self-defense is a defense commonly asserted by someone charged with a crime of violence, such as battery (striking someone), assault with a deadly weapon or murder. The defendant admits that she did in fact commit the crime, but claims that it was justified by the other person's threatening actions. The core issues in most self-defense cases are:

Who was the aggressor?

Was the defendant's belief that self-defense was necessary a reasonable one?

If so, was the force used by the defendant also reasonable?

Self-defense is rooted in the belief that people should be allowed to protect themselves from physical harm. This means that a person does not have to wait until she is actually struck to act in self-defense. If a reasonable person in the same circumstances would think that she is about to be physically attacked, she has the right to strike first and prevent the attack. But she cannot use more force than is reasonable -- if she does, she may be guilty of a crime.

The Insanity Defense
The insanity defense is based on the principle that punishment is justified only if the defendant is capable of controlling his or her behavior and understanding that what he or she has done is wrong. Because some people suffering from a mental disorder are not capable of knowing or choosing right from wrong, the insanity defense prevents them from being criminally punished.
Despite its ancient origins (England, 1505), the insanity defense remains controversial. Victim-oriented critics point out that a person killed by an insane person is just as dead as a person killed by someone who is sane, and argue that people should be punished for the harm they cause, regardless of their mental state. Critics also question the ability of psychiatrists, judges and jurors to determine whether a person genuinely suffers from a mental disorder, and to link mental disorders to the commission of crimes.

The insanity defense is an extremely complex topic; many scholarly works are devoted entirely to explaining its nuances. Here are some major points of interest:

Despite popular perceptions to the contrary, defendants rarely enter pleas of "not guilty by reason of insanity." And when they do, judges and jurors rarely uphold it.

Various definitions of insanity are in use because neither the legal system nor psychiatrists can agree on a single meaning of insanity in the criminal law context. The most popular definition is the "McNaghten rule," which defines insanity as "the inability to distinguish right from wrong." Another common test is known as "irresistible impulse": a person may know that an act is wrong, but because of mental illness he cannot control his actions (he's described as acting out of an "irresistible impulse").

Defendants found not guilty by reason of insanity are not automatically set free. They are usually confined to a mental institution until their sanity is established. These defendants can spend more time in a mental institution than they would have spent in prison had they been convicted.

An insanity defense normally rests on the testimony of a psychiatrist, who testifies for the defendant after examining him and his past history, and the facts of the case. Courts appoint psychiatrists at government expense to assist poor defendants who cannot afford to hire their own psychiatrists.

Once a defendant raises his or her sanity as a defense, he or she must submit to psychological tests conducted at the behest of the prosecution//. This can be a very painful and humiliating experience, one that many defendants choose to forego rather than rely on the insanity defense.

The Influence of Drugs or Alcohol
Defendants who commit crimes under the influence of drugs or alcohol sometimes argue that their mental functioning was so impaired that they cannot be held accountable for their actions. Generally, however, voluntary intoxication does not excuse criminal conduct. Defendants know (or should know) that alcohol and drugs affect mental functioning, and thus they should be held legally responsible if they commit crimes as a result of their voluntary use.
Some states allow an exception to this general rule. If the defendant is accused of committing a crime that requires "specific intent" (intending the precise consequences, as well as intending to do the physical act that leads up to the consequences), the defendant can argue that he was too drunk or high to have formed that intent. This is only a partial defense, however, because it doesn't entirely excuse the defendant's actions. In this situation, the defendant will usually be convicted of another crime that doesn't require proof of a specific intent. For example, a defendant may be prosecuted for the crime of assault with specific intent to kill but only convicted of assault with a deadly weapon, which doesn't require specific intent.

The Alibi Defense
An alibi defense consists of evidence that a defendant was somewhere other than the scene of the crime at the time it was committed. For example, assume that Freddie is accused of committing a burglary on Elm Street at midnight on Friday, September 13. Freddie's alibi defense might consist of testimony that at the time of the burglary, Freddie was watching Casablanca at the Maple Street Cinema.
Alibi is a perfectly respectable legal defense. Yet to some people the term connotes a phony defense. Defense attorneys usually are careful to remind jurors that alibi is simply a legal term referring to evidence that a defendant was elsewhere at the time a crime was committed, and that it in no way suggests falsity.

Entrapment
Entrapment occurs when the government induces a person to commit a crime and then tries to punish the person for committing it. However, if a judge or jury believes that a suspect was predisposed to commit the crime anyway, the suspect may be found guilty even if a government agent suggested the crime and helped the defendant to commit it. Entrapment defenses are therefore especially difficult for defendants with prior convictions for the same type of crime.

Arizona tax attorney

2007-11-14T22:36:00.000-08:00

The Arizona tax attorneys are always available to answer the queries of the taxpayers who are bugged with the disputes over their annual taxes. Here are among the common questions posed by the taxpayers as they get the chance to confer with the Arizona tax attorneys.

What is common the things to happen in the event of an unfiled tax return?

Unfiled tax returns only signify one thing-and that is being in real trouble with the Internal Revenue Service. If for example you owe IRS some taxes for about ten years, then they will compute it all. They will try their level best to reach you through your old address. If in this event you have moved out of the country and once you come back, IRS will go after you demanding your dues for your taxes in the entire year of your absence.

When such case arises, you know one thing for sure. You know that you can be condemned for tax evasion. This is a crime which is punishable by the law. IRS will be very religious in sending you reminders. At one point, these reminders will become unfriendly and you will just be shocked to receive a Notice of Intent to Levy all your wages and assets.

Does it mean trouble for the unfiled tax returns that date way back?

It is in fact very much complicated if your unfiled tax returns trace to at least six years backwards. It is so because the files are kept in storage and it will need enough concerted effort to locate those records. An agent will need to browse through all of the kept files to be able to gather them all. You can just imagine how difficult it could be if your unfiled tax returns date back to some more years back in time.
What is meant by wage garnishment?
With the term wage garnishment, it means that a levy is imposed in another method. This method is concerned with the manner of collecting the back taxes which a taxpayer owes the IRS. With regards to the IRS attacks, the words levy and garnishment mean the same thing. The typical targets of the garnishment are your bank accounts and wages but the rule may also apply to the seizure of your furniture, equipment, your home, your vehicles, and your other valued possessions.

Is any bank permitted to turn over an account to IRS without the concerned party's consent?

When IRS imposes a levy on your account in the bank, your bank is legally bound to turn over whatever amount is in your existing account. It does not regard the fact as to whether it is your own money or not or where you got your money. Keeping those monies in your own account is enough justification. Most people keep direct deposits for the Social Security, pensions, child support, and many others but then the IRS does not consume time to locate the source of the money. At the time when the money gets deposited in an account which is under your name, it automatically loses its own identity.

When will these levies on the bank account be stopped?

In comparison with the wage garnishment, a levy in your bank account will only happen once. Meaning, the next batch of money that gets deposited in your account will solely be yours again.

how to select a divorce lawyer

2007-11-12T23:23:00.000-08:00

Selecting a divorce lawyer to handle your family law case is a very important decision. The following are a few important criteria to help in finding the right divorce lawyer.

Experience and Focus

Any divorce lawyer you consider should have substantial experience in handling divorce cases in your location. An experienced divorce lawyer will know the tendencies of the various judges in your jurisdiction and should be able to use this knowledge to your advantage. Additionally, that lawyer should practice primarily in the field of divorce law. Often people will hire a lawyer who practices primarily in some other area, thinking that any lawyer will do. However, divorce law is a very specialized field that requires particular skills and experience in order to have a likelihood of reaching a successful conclusion.

Past Client Testimonials

Perhaps the best way to decide which divorce lawyer to use for your divorce case is to find out what former clients have to say about that lawyer. While divorce is never an enjoyable process, some divorce lawyers have more success at satisfying their clients than others. If you do not know someone who has been a client of that particular divorce lawyer, you should consider asking the lawyer for a list of clients that you can contact who can describe their experience with the lawyer. While client confidentiality is important, any good experienced divorce lawyer should have at least a few former clients who are willing to vouch for him or her.

Accessible

When a client becomes dissatisfied with a divorce lawyer, one of the most common complaints is that they were unable to communicate with the lawyer. It is very important that your divorce lawyer be accessible and prompt in responding to your phone calls, emails, and requests for meetings. While you can ask the divorce lawyer about their office policy, this is another area where you can best evaluate the divorce lawyer by hearing what former clients have to say.

If a former client of the lawyer tells you that they found it very difficult to contact the attorney, or that the lawyer either did not return calls or respond to emails or would take several days to do so, you should definitely avoid that lawyer. Divorce is an unpleasant and frustrating process under the best of circumstances. If you are unable to reach your divorce attorney, or at least someone on his or her staff, the frustration level can increase exponentially.

Fees

When you make your initial appointment with the divorce attorney, you should inquire about a consultation fee. Some lawyers do brief initial consultations for free, although most experienced divorce lawyers will charge between $100.00 and $200.00 as a consultation fee, or will charge their normal hourly rate.

For example, I charge a flat $100.00 consultation fee with no additional hourly charges, regardless of the length of the meeting. Essentially, the consultation fee is to "weed out" those people who are not serious about the possibility of hiring me. Given that my normal hourly rate is $200.00/hour and the usual typical consultation takes about 90 minutes, the charge for my consultation is significantly discounted. Therefore, you shouldn't let a consultation fee scare you away from interviewing a particular lawyer.

During the consultation it is vitally important that you have a candid discussion with the prospective divorce lawyer about fees and what you can expect. Typically, an experienced divorce lawyer will require the payment of a substantial retainer up front, against which that lawyer's hourly rate and expenses will be charged. You should find out what that lawyer's hourly rate is, what the up front retainer will be, whether any portion of the retainer is refundable if it is not exhausted, and how often you can expect to receive invoices that detail their hourly charges and expenses. You also will want to know how detailed the invoices are. Once again, this is another area where you can get excellent information from those people who have been clients of that divorce lawyer.

Comfortable

While all the above issues are important, there is one final question you should ask yourself before hiring a divorce lawyer. Are you comfortable with that lawyer and are you confident in his or her abilities? If the answer is anything other than a resounding "yes," you should keep looking. Your case is too important to entrust to someone who does not inspire your confidence.

26 unbreakable rules of Litigation

2007-11-12T23:21:00.000-08:00

From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and every other facet of world commerce - to grow geometrically and stay around, litigation must be (prudently) used and mastered.

I will, as briefly as I can, memorialize the salient points of using litigation as a business tool.

Now before I start, I want it on the record, some 50% of my 30-year track record of litigation has had nothing to do with winning money, i.e., many lawsuits have been over principle, some were to right a heinous wrong such as slanderous remarks made about me; and some were because an entity just needed a good comeuppance and nobody else would carry the flag into battle.

I, like Don Quixote, have fought many a windmill.
As you've heard me speak and write about, when building your 'Dream Team,' you want Big Five accountants and a large national or international firm of lawyers - the best representation you can't afford!
Unlike the success-oriented fees I coach you to use when facilitating transactions, no law firm will litigate initially on this basis.
Perhaps if your case is especially strong, they will do it on a contingency basis. Unfortunately, you will be using, from time-to-time, litigation as a positioning tool and your case may not be something you can seriously leverage.
A year or two ago, being left with a pig-in-a-poke, I had to litigate a case having specious facts at best to support my desired outcome. Fortunately, our (my) apparent lust for litigation was stronger than their desire to fight a hard fight, so a reasonably good settlement was finally arrived at.

Of course, during this process my good lawyers counseled us, advising our case needed to be much stronger, etc. Even with great lawyers, it is their job to tell you the downside risks. Again, what happens is you are often scared from pursuing your case.
Good lawyers win so-so lawsuits. Great lawyers can win lawsuits in which you have little or no chance to win.
Three of my favorite litigators over the years are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All three have dug me out of some pretty big black holes.
I've dealt with them 10 and 20 years respectively. They are worth every penny they charge!

Our judicial system works, but we grow up being afraid of it. It's way out of our comfort zone so we preclude ourselves from benefitting from it. Normally the cost associated with it keeps us from using it.
In fact, I'm currently embroiled in litigation where the ancillary players to the litigation have rights which are being severely violated. A large group of people could bring great pressure to bear, but they're afraid because of previous bad experiences. They could get what they deserve but aren't pursuing their best interests.

There are lawyers who take on cases for humanitarian reasons, if the case warrants, in business as well, i.e., big major corporations taking advantage of the system because of their size alone.

Why do you want to initiate the lawsuit so you are the plaintiff? As the plaintiff, you pick where and when the lawsuit is fought and probably ultimately adjudicated.

This can be a huge advantage. And secondly, the plaintiff is allowed two closing arguments, meaning you (your lawyer) gets to address the judge and/or jury once and then again after the defendants' closing argument. This can also be very important.

26 Unbreakable Rules of Litigation

#1 CHOOSE YOUR BATTLES

#2 CHOOSE THE VENUE

#3 BE THE PLAINTIFF

#4 HAVE THE BEST REPRESENTATION

#5 LISTEN TO YOUR HEART

#6 DON'T LISTEN TO YOUR SICK STOMACH WHEN YOU'RE OUT OF YOUR COMFORT ZONE

#7 DON'T LISTEN TO RELATIVES, FRIENDS, ET AL

#8 LISTEN TO EXPERIENCED LITIGANTS - LIKE ME!

#9 GENERALLY SPEAKING, DON'T WORRY ABOUT THE COST (THIS IS VERY HARD!)

#10 BIG LAWSUITS ARE BETTER THAN SMALL ONES

#11 ELECT JURY TRIALS, AS OPPOSED TO A JUDGE ONLY

#12 PREPARATION (YOURS) IS EVERYTHING - KNOW THE FACTS

#13 PRACTICE DEPOSITIONS AND TRIALS

#14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE)

#15 NEVER GIVE UP

#16 DON'T BE INTIMIDATED BY THE PROCESS

#17 USE MOCK TRIALS (PRETEND TRIALS YOU DO IN FRONT OF A HIRED JURY)

#18 DRESS SIMPLE AND CONSERVATIVELY IN COURT - NO JEWELRY EXCEPT A WEDDING BAND; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND THE EQUIVALENT FOR WOMEN; SHORT GROOMED HAIR FOR MEN

#19 DON'T LOSE YOUR TEMPER IN COURT - IT'S OKAY TO CRY IF IT'S REAL

#20 HAVE YOUR SPOUSE IN THE FRONT ROW EVERY DAY. CHILDREN ALSO IF POSSIBLE. OTHER FAMILY MEMBERS IN SECOND ROW IS OKAY

#21 NO QUOTES TO THE PRESS OTHER THAN 'WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT'. YOUR WORDS CAN EASILY BE TURNED AROUND.

#22 WHEN YOU BREAK FOR LUNCH OR A RECESS, REMEMBER NEVER TALK IN PUBLIC ABOUT THE CASE - YOU NEVER KNOW WHO MIGHT OVERHEAR

#23 WHEN YOU FIND A LEGAL TEAM THAT WINS, STAY WITH THEM

#24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH SHALL SET YOU FREE.

#25 DURING VIDEOTAPED DEPOSITIONS AND IN COURT, LOOK AT THE CAMERA AND THE JURY. MAKE EYE CONTACT.

#26 WHEN TESTIFYING IN A DEPOSITION/TRIAL, IF YOU DON'T KNOW THE ANSWER, SAY YOU DON'T KNOW THE ANSWER

It's a closed world of top litigators. Virtually all big law firms have good to super-good lawyers. All big law firms don't have great litigators. You don't always need a great lawyer, but sometime if you grow geometrically, you will.
Like any other project management, litigation must be managed. Unfortunately, like speech-giving, you become a great litigant by going through a learning curve.
I don't mean you have to get involved in losing efforts (like making bad speeches so after some time you make good speeches) to get in a position to win in court. Large law firms will allow you to get ahead of the learning curve.

The Quantum Leap methodology talks ad nauseam about following your dreams. Life without dreams is like a bird with a broken wing - it can't fly. I wrote this newsletter because sometimes you'll need litigation to follow your dream.
Go out and kick some butt, and don't let conventional wisdom keep you from achieving your dream.

Conventional wisdom says Don't Litigate.
All high-performance people and the great organizations of the last one hundred years did and do litigate as I write this letter.
Don't litigate frivolously - but don't be afraid to either.

Attorney General McGraw Settlement

2007-11-12T01:11:00.000-08:00

Attorney General McGraw Reaches Settlement with Four Debt Relief Companies for 366 Consumers

Attorney General Darrell McGraw announced settlement agreements with four debt relief companies that brought to an end their controversial practice of "debt settlement" services in West Virginia. The companies, Debt Relief of America, L.P., of Dallas, Texas; Fidelity Debt Consultants, Inc. of Clearwater, Florida; David Huffman d/b/a Freedom Group of San Diego, California; and New Horizons Debt Relief of Aliso Viejo, California, agreed to permanently discontinue debt settlement and any other kinds of debt relief services in West Virginia. They also agreed to refund all fees and charges that they collected which, collectively, will result in refunds of approximately $517,000 in fees and charges for 366 West Virginia consumers.

Debt Relief of America and Fidelity Debt Consultants had the bulk of the accounts in West Virginia, servicing all but a few of the affected consumers. In contrast, New Horizons and Freedom Group serviced only three consumers combined and accounted for $4,285.86 and $7,000, respectively, of the $517,000 owed to West Virginia consumers.

Debt settlement is a plan or strategy offered for a fee in which consumers are advised or expected to stop making payments to credit card banks or other unsecured creditors. The consumers are directed to make monthly payments to the debt settlement company or into a separate fund or account for an unspecified time until the debt settlement company determines that sufficient funds have been accumulated. The company then attempts to negotiate lump sum settlements of the consumers’ accounts for less than the balance owed.

For the rest of this article please feel free to visit www.wvago.gov.

who needs a criminal attorney

2007-11-12T01:05:00.001-08:00

The fact is that in day-to-day life we are facing continued and hidden dangers that can happen at any time. In case we encounter any danger by a person that we have to use force against the person for self-defense or protect somebody else, we might face criminal charge. At this point, a criminal defense attorney's job starts. For him, it does not matter who you are and what you have done. He tries to prove to the jury or judge that you had to use force against the other person for self-defense. In fact a criminal defense attorney must show the judge that you were in danger of possible physical hurt and you had use that amount of force to prevent the hurt. It is a criminal defense attorney's job to prove that the force against you was not legal and you were unaware of that. If you are under attack, even by close relatives, and begging, pleading, and crying may not get you out of the grip, then you may use force to defend yourself. There are many cases that women are under attack by their husbands and for self-defense purpose they kill their husbands. But these women should take into consideration the fact that there are serious questions that they should answer in order to prove that the force used by them was a self-defense otherwise they will face serious charges with irrecoverable consequences. For example they might be questioned why did not they leave husband and live with a relative or friend before the incident? Or why did not they file for divorce? Here, your criminal defense attorney prepares you to answer these types of questions. Generally, depending on the case and conditions, a criminal defense attorney prepares a series of questions that might be asked by jury or judge and then he tries to find answers to those questions. The answers should convince the judge that you were in a situation of physical harm and therefore to avoid the harm, you used a certain amount of force, in which your criminal defense attorney tries to prove the amount of force was reasonable. To summarize what we have discussed, if you are accused of a crime, then you need to hire a criminal defense attorney to represent you and prove to the jury or judge that the force you used was necessary and reasonable

what a criminal attorney do

2007-11-12T01:03:00.000-08:00

A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one's property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.
If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.

Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices--You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn't you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.

What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.

Merck to Pay $4.85 Billion Vioxx Settlement

2007-11-10T07:21:00.000-08:00

Company officials estimated the deal, if accepted, would end 45,000 to 50,000 personal injury lawsuits involving U.S. Vioxx users who suffered a heart attack or ischemic stroke, the type in which blood flow to the brain is blocked.

Without this settlement, the litigation might very well stretch on for years," Merck executive vice president Kenneth Frazier said during a conference call.

He called the agreement "responsible and reasonable" and allows Merck to better quantify its liability, once estimated as high as $50 billion.

Negotiating teams met more than 50 times in eight states and spoke hundreds of times by telephone over many months to hammer out the deal, according to attorneys.

"I'm very happy with it," said Chris Seeger, one of the six plaintiff lawyers who helped negotiate the settlement. "It's a tremendous way to resolve this litigation."
Merck pulled Vioxx from the market Sept. 30, 2004 after its researchers determined the blockbuster arthritis treatment, then pulling in about $2.5 billion a year, doubled risk of heart attacks and strokes.

To qualify for a settlement, plaintiffs must have filed claims by Thursday and meet several criteria, including medical proof that they suffered a heart attack or stroke, that they received at least 30 Vioxx pills and that they received enough pills to support a presumption that they were ingested within two weeks before injury.

That is a big concession by Merck, which has long claimed that Vioxx caused harm only after 18 months of use. Those claims were dismissed by independent scientists and plaintiffs lawyers.Merck stressed that the agreement is not a class action settlement and that it is not admitting fault.

Company executives and attorneys said as recently as last month that every case would be fought individually.But on Friday, they said several factors made this "the right time" for the deal, including the expiration of the statute of limitations in 42 states.

Merck said it will take a pretax charge for the full $4.85 billion in the current quarter. It would not say whether insurance will cover any of that, but said much of the charge will be tax deductible.
Analyst Steve Brozak of WBB Securities called Merck's handling of the litigation "a Harvard casebook study of how to deal with a problematic product."

Investors seemed to agree, as Merck shares ended up $1.13, or 2.1 percent, to $55.90 -- trading near their 52-week high of $58.36.
After losing its first case in a $253 million verdict that was later sharply reduced, Merck has won a string of civil cases. It has won 10 of 15 court verdicts to date. Some of those cases will be excluded from the settlement, but appeals in others continue.

The company said last month it had added $70 million to its reserves for defending lawsuits. As of Sept. 30, Merck had reserved a total of $1.92 billion for legal expenses and spent a total of $1.2 billion.

The deal becomes binding only if 85 percent of the plaintiffs in key categories agree to the deal: all pending heart attack and ischmic stroke cases, all cases involving deaths and all cases alleging more than 12 months of Vioxx use.

"I'm not in the least bit of doubt that we'll do it," said Russ Herman, a New Orleans attorney who served as chairman of the plaintiffs negotiating committee. "This was a really, really tough litigation for both sides; this way you have some certainty."

The deal was finalized in the early morning hours after attorneys for Merck and the plaintiffs met with three of the four judges overseeing nearly all Vioxx claims.

Seeger said the deal was put in motion last December when three key judges pushed the parties to open out-of-court talks.

"Every claimant is going to be compensated" once their claim is validated, he said.

Seeger said this deal is larger that the original settlement in cross-state rival Wyeth's diet drug litigation, which was $3.75 billion initially but ballooned past $20 billion with repeated revisions.

Merck lawyers said they had closely scrutinized that and other cases to find ways to ensure that its settlement does not exceed the $4.85 billion, of which $4 billion will go to heart attack claimants and the rest to stroke claimants.

Among other things, potential claimants will have to have prior medical documentation of a heart attack or stroke, and they will not be able to later opt out of the settlement. Also, all law firms involved in the "steering committees" directing pretrial discovery and other coordination of both state and federal cases must get every one of their clients to settle.

Payments would vary, depending on severity of injuries, length of time that Vioxx was used and each person's risk factors for cardiovascular disease. A complex system would assign points to each claimant. Payments could start as early as August 2008.

Lawyers fees are to come out of the $4.85 billion fund, based on the percentage in their contingency agreements with clients; additional fees will go to the law firms that together amassed more than 50 million pages of documents for use by all plaintiffs' lawyers.

Attorneys for both sides presented the deal Friday morning to U.S. District Judge Eldon E. Fallon in New Orleans.

A total of about 60,000 personal injury cases have been filed, including thousands on hold under agreements suspending the statute of limitations, plus about 265 potential class action cases, some of which allege shareholder losses.

The deal does not include people in foreign countries, any with different injuries, any with stock-related claims or a group with no evident injuries that is suing for Merck to pay for medical monitoring.

The Risks And Benefits Of Lawsuit Funding

2007-11-09T06:52:00.001-08:00

Lawsuit funding is more popular today than ever as the expense of filing a lawsuit increases. Unfortunately, many individuals do not have adequate resources to pursue their lawsuit. For the few who are aware it exists, finding the necessary funding assistance even when that may be funding a lawsuit through a loan or cash advance can be a daunting process. The good news is that many of the options available to those considering settlement advances are viable options. Nevertheless, you must weigh the good with the bad to find the right solution for your needs.

Pre-Settlement Funding Solutions

One important consideration is that of pre-settlement funding; which is a cash advance that can provide you with the funds you need to fund your lawsuit with little risk. You can secure these funds through a matter of presenting your case to attorneys. The benefit to this type of lawsuit funding is that you are only liable to pay the borrowed funds back through the settlement that you receive through your case going your way. Should you not win your lawsuit, you don’t have to repay these funds. This reduces your risks of losing money considerably, giving you more security to fight your case. If your settlement isn’t large enough to cover the costs of repayment, you again are not liable to paying these funds back. It’s the loss of the lender.

The disadvantages of pre-settlement funding are simple. The cost of repaying through your settlement can be high, especially when a recurring fee is used as the method of calculating what you owe. There is competition amongst lawsuit advance firms which can help to lower your costs, though. In addition, you may not be able to secure this type of funding if your lawsuit isn’t firmly founded. Lenders generally only offer these cash advances when you are able to win your settlement with a lesser risk.

Other Lending Options Considered

Pre-settlement funding is probably the best method of lawsuit funding available today, but its not the only thing out there. You may be able to secure a loan through other means, such as a personal loan. These are often difficult to get with stringent income requirements. In addition, these funds are due in full no matter what happens in your case. Should you use your home as collateral to secure these funds, you could potentially lose your home if you stop making payments on them. That’s definitely not the best route to take. Other options, like credit cards, are available too, with many of the same risks.

Securing the right method of lawsuit funding is something you should consider. You need funds to get your case into the court system. If you don’t invest the money into it, you may not get what you should get out of a settlement. Indeed, using pre-settlement funding is a good option for many, especially those that know they can win their case.

Pre-Settlement Lawsuit Advances Online has helped many people get an advance on their settlement to pay living expenses, medical bills, and get back on track - before settlement of their lawsuit.

Is a Structured Settlement Right for you?

2007-11-09T06:48:00.000-08:00

If you had the misfortune of being involved in an accident of some type, a
Structured Settlement may be in your best interest. A structured settlement
can help you gain the financial security and protection for you and your family
over the years to come. The simple truth is, you don't know what kind of problems
can develop further down the road from the results of your injuries. This could
put you in a hard position if you weren't prepared.

There are several things to think about when it comes to structured settlements.
The first is the fact that you'll be compensated by installment payments over
the course of time, rather than receiving a large lump sum. This can be very
important in that, if you were to receive one large lump sum and didn't manage
your money wisely, you could put yourself into financial instability. If you develop
problems down the road from your prior injuries, it could be the beginning

of a finacial downward spiral. This could also put massive strain on your family and
possible do more harm than the injury itself.

Another thing to keep in mind is your structured settlement payments are 100%
tax-free. This could be another reason to consider this option.

However, the best option to choose will be different for everyone because of
each individual's unique situation. You see, it's very possible that the best
option for someone else, could be one large lump sum up front. This is actually
quite often the case, but you need to be very careful on how you handle the
sale of you structured settlement.

There are many companies out there that will buy your structured settlement and
pay you cash now, but you really need to do some exploring and find out
what's best for you in selling your structured settlement.

Choosing the right specialty finance company to work with is an important
decision, and many people do not know where to turn for advice. There
are great firms that are designed to help you get the most money for your structured
settlements and annuity payments. Many of these firms make this process very
easy for you by matching you with the best possible financial institution to
handle your settlement, and letting you decide how to proceed, putting the control
where it should be, in your hands.

Merck reaches broad Vioxx settlement

2007-11-09T06:43:00.000-08:00

Merck & Co. said Friday it will pay $4.85 billion to end thousands of lawsuits over its painkiller Vioxx in what is believed to be the largest drug settlement ever.

Merck faced personal injury lawsuits representing 47,000 plaintiffs, and about 265 potential class action cases, filed by people or family members who claimed the drug proved fatal or injured its users. The agreement covers cases filed in both federal and state courts.

Negotiating teams met more than 50 times in eight states and spoke hundreds of times over the telephone to hammer out the deal, according to attorneys.

"I'm very happy with it," Chris Seeger, one of the six plaintiff lawyers who helped negotiate the settlement, said Friday. "It's a tremendous way to resolve this litigation."

Merck pulled Vioxx from the market Sept. 30, 2004 after its researchers determined the then-blockbuster painkiller doubled risk of heart attacks and strokes.

To qualify for a settlement, plaintiffs must have filed claims by Thursday and meet several criteria, including medical proof that they suffered a heart attack or stroke, that they received at least 30 Vioxx pills and that they received enough pills to support a presumption that they were ingested within two weeks before injury.

That is a big concession by Merck, which has long claimed that Vioxx caused harm only after 18 months of use.

Those claims were dismissed by independent scientists and plaintiffs lawyers.

Merck stressed that the agreement is not a class action settlement and that it is not admitting fault.

Company executives and attorneys said as recently as last month that every case would be fought individually.

Analyst Steve Brozak of WBB Securities called Merck's' handling of the litigation "a Harvard casebook study of how to deal with a problematic product."

Investors seemed to agree, as Merck shares jumped more than 2 percent, or $1.23, to $56 at the open of trading Friday.

Analysts predicted early on that liability could reach $50 billion, but after losing its first case in a $253 million verdict, Merck has won a string of civil cases.

Merck may now have put the uncertainty of millions of dollars in legal costs behind it, though it has been fairly successful fighting cases individually, winning 10 of 15 court verdicts to date.

The company said last month it had added $70 million to its reserves for defending lawsuits. As of Sept. 30, Merck had reserved a total of $1.92 billion for legal expenses and spent a total of $1.2 billion.

The deal becomes binding only if 85 percent of the plaintiffs in about 26,600 lawsuits agree to drop their cases. It was finalized in the early morning hours after attorneys for Merck and the plaintiffs met with three of the four judges overseeing nearly all Vioxx claims.

Seeger said the deal was put in motion last December when three key judges pushed the parties to open out-of-court talks.

"Every claimant is going to be compensated" once their claim is validated, he said.

Seeger believes it is the largest settlement ever in the industry and said he will recommend that his 2,000 clients accept the deal.

Payments would vary, depending on severity of injuries and the length of time that Vioxx was used.

"The agreement is structured to provide a significant degree of certainty toward resolving the majority of the outstanding VIOXX product liability claims in the United States for a fixed amount," Richard T. Clark, chairman, president and chief executive officer of Merck, said in a statement.

Attorneys for both sides were to present the deal Friday morning to U.S. District Judge Eldon E. Fallon in New Orleans.

Avoid a DUI Conviction

2007-11-09T01:35:00.000-08:00

5 Tips to Help Avoid a DUI Conviction

If you are ever arrested for drunk driving (also called DUI for "driving under the influence" or DWI for "driving while intoxicated"), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI "sobriety checkpoint" or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform "field sobriety tests". He may also ask you to breath into a handheld device, technically called a PBT or "preliminary breath test". You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test -- and told that if you don't, your driver's license will be suspended.

What should you do and say during all of this to minimize the risk of a criminal conviction and a license suspension?

1. Politely decline to answer any questions without an attorney present. It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.

2. Decline to take any so-called field sobriety tests. These are theoretically intended to determine impairment, but in fact are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you "pass" or "fail"). In almost all states, you are not required to submit to this "testing". It's unlikely that taking it will change the officer's decision to arrest.

3. Decline to take a "PBT" (preliminary breath test). These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.

4. Do you choose blood, breath -- or refuse to take any chemical test? This is a case-by-case decision, and involves a number of considerations. First, although blood tests are subject to many possible errors, they are generally more accurate than so-called "breathalyzers"; if you feel your blood-alcohol level is below .08%, then you might want to choose the blood test. Secondly, whether to submit to testing at all requires some knowledge of your state's laws -- specifically, the consequences of refusing. If the increased criminal penalty and license suspension do not outweigh the possible benefit of depriving the prosecution of blood-alcohol evidence, then you may wish to refuse. Bear in mind that the prosecution will charge you with two offenses, DUI and driving with over .08% blood-alcohol; without a blood or breath test, he cannot prove the .08% charge, and there will be no chemical evidence to corroborate the officer's testimony. You should also realize that in many states chemical evidence of a very high blood-alcohol level, say over .15%, can trigger more severe penalties.

5. In almost all states, your driver's license will be immediately suspended if either (1) the chemical tests results are .08% or higher, or (2) you refuse to submit to testing. You have a right to a hearing to contest this administrative suspension, and there are many possible defenses, many of them technical in nature. This hearing is usually separate from the criminal proceedings, and involve different procedures and issues than in court; it is not uncommon to lose the criminal case but win the suspension hearing. However, as most motor vehicle departments do not really want the time and expense of providing these hearings, they tend to provide notice of the right buried in fine print given to arrestees. The critical information is the requirement that an actual demand for the hearing must be made by the arrestee -- usually within ten calendar days. If you do not contact the DMV within ten days, you lose all rights to a hearing -- no matter how good a defense you may have. Tip #5: Get an attorney right away, or make the call yourself -- and make sure you can later prove you made the call within the ten day window!

Lawsuit funding

2007-11-07T23:37:00.000-08:00

Lawsuit funding, also known as pre settlement cash advances, are a form of non-recourse funding that has become a popular service in the past few years. Injured clients all over the United States can use this service to get cash for their lawsuit now. Funds advanced can be used by the client for any immediate financial pressures including mortgage payments, credit card bills, to get out of debt, car payments and more.

Obtaining a cash advance on a pending settlement or lawsuit is a quick and simple process. If you have been seriously injured in an accident and are represented by an attorney, just contact a pre settlement funding company like Injury Funds Now to apply. The funding company will review your case file and contact you with the results of their review. If you accept the offer, a portion of your potential settlement is advanced in return for a percentage of the anticipated recovery. Injury Funds Now (http://www.injuryfundsnow.com) probably has the fastest turn-around time in the industry and will have an answer for you in just 24 hours; they will even wire funds directly into your bank account the very same day.

Lawsuit funding companies offer cash advances solely on the merits of the case. There are no credit checks and the person applying need not be employed. If the case makes a successful recovery, the money advanced plus a previously agreed upon fee are paid out of the case proceeds. If the case loses, there is no fee and the funds do not have to be repaid so this is a 100% risk free service. This also makes the service very risky for the funding company and as such rates and fees vary dramatically between each company, so choose wisely. Many companies charge hidden fees such as closing costs, application fees and more. They offer what appear to be very low rates, but when the hidden fees are added on and the rates are compounded every month, it can get quite high. Injury Funds Now is does not use compounding or have any hidden fees. They even have a flat rate program by which you will know what amount you will have to pay back upon a successful recovery before even accepting their offer.

Other than taking care of a client's immediate financial pressures, what are the benefits of lawsuit funding? The strategy of the Defense insurance company is to drag a case out as long as possible in the hopes that the client becomes desperate and will settle for less than the case is worth. A pre settlement advance balances the playing field, by giving the attorney the time he or she needs to obtain the highest possible recovery! So by using a lawsuit funding service, the case can actually make a higher recovery yielding both the client and attorney more funds!

personal injury lawyer

2007-11-07T23:36:00.000-08:00

Finding the right personal injury lawyer to assist you in your personal injury case can really be overwhelming especially when you don't have any idea on where to go and who to run to. As we all know, after seeking medical treatment prior to an accident, finding a lawyer is the next step that you have to do when you are involved on any other matter relating to personal injury. There are definitely various ways on how to locate the best personal injury lawyer for your lawsuit.

As with what most people would recommend, one sure way to find a personal injury lawyer is through legal matchmaking services. Through this, you are assured that you'll be able to get in touch with qualified and experienced lawyers because these services offer only the finest, most credible legal specialists to handle your case. These lawyers are all being screened to meet certain standards in terms of legal qualifications, profile evaluation, and practical experience.

Online legal matchmaking services are also widely used nowadays. What you need to do is just fill-up an online form and submit it. After careful assessment of some online attorneys if they can handle and help you out with your case well, they will then contact you as soon as possible. From there, you can also evaluate the capacity of the lawyer to take charge of your lawsuit through his personal profile before deciding to avail his services.

In addition, you can also visit the sites of these legal matchmaking services if you are having some doubts about how well can they answer your legal demands and concerns. After doing some rigorous research about these law firms and attorneys on personal injury, you can now contact the services with which you were most impressed and fill out their form. You must take note that you have to do it in a little rush because your legal problems can definitely be solved in just a few hours.

These methods in finding a personal injury lawyer have all been tried and tested through the years. Some can be effective for you, others cannot. You can try all of them and see for yourself if which is the best way to locate the perfect attorney for your personal injury case. Please just remember that you have to be careful in doing so because if you'll commit even a small mistake in choosing your lawyer, you might not get the proper attention and defense that you deserve.

California defence attorney

2007-11-07T23:35:00.000-08:00

There are many branches of law in the United States. For instance, civil law is the law as it pertains to personal relationships, unions such as marriage, and interpersonal situations such as personal injury cases. Criminal Law is the branch of law that seeks to define crimes - what a crime is, who the victim is, and who the perpetrator is. Criminal law can be divided into two sections, each section involving specialized lawyers, criminal defense lawyers.

The first type of criminal law is criminal procedure. This subsection of criminal law defines how trials are to be conducted. Criminal procedure law dictates how claims are to be investigated and outlines how evidence must be collected. Criminal procedure aims to maintain an orderly legal system that is most effective in the pursuit of justice in light of the truth. Criminal Defense attorneys who specialize in criminal procedure are very careful to review how evidence is collected. They will be very specific in regards to their client's right and privileges under the law. A criminal defense attorney will ensure that the ideal of "innocent until proven guilty" is maintained through the investigation and presentation process.

The second type of criminal law is substantive. Substantive criminal law focuses on crime and punishment. Criminal Defense Attorneys involved in the substantive area of criminal law will be working with individuals accused of a crime. They will begin work when sought out by a client accused of a crime or appointed by the court, as in cases of financial need. Criminal defense attorneys will meet with clients and hear the details of events from their point of view. Everything shared between a client and his or her criminal defense attorney is confidential. A criminal defense attorney will not turn a client in if the client admits guilt, but will continue to help the client achieve success in the courtroom.

A good criminal defense attorney understands that everything is relative. The law is not black and white, but leaves a lot of gray room for interpretation. A criminal defense attorney will gather all of the facts of the case, both from the client and from the state or federal investigators. Armed with the facts, a criminal defense attorney will begin to build a case that presents the client in the best possible light. IF the client is guilty, the criminal defense attorney will try to present the facts of the case in such a way as to maintain a doubt of guilt. The jury, as the criminal defense attorney knows, is instructed that a person on trial must be proven guilty and does not need to be proven innocent. They will begin to comb through possible witnesses and will divide witnesses into character witnesses and witnesses to the actual events in question. A criminal defense attorney knows that character witnesses to present the person standing in trial in a good light will go a long way in the minds of jury members.

When a criminal defense attorney is defending a client, they will also seek to ensure the punishment fits the crime if their client is found guilty. A criminal defense attorney will utilize relativity to demand proportionality of punishment to crime in their client's best interest. A criminal defense attorney stands by their client until the trial's end, ensuring the outcome is as favorable as possible for their client.

The role of public Defender

2007-11-07T23:34:00.000-08:00

When you've been wrongly accused of a certain crime and been prosecuted, you'll certainly need the legal help and assistance of a public defender especially when you can't afford to pay for the legal fees and bills covering the consultations, gathering of evidences, and actual proceedings regarding the case. However, getting a public defender is not that easy. You also have to go through a somewhat-rigorous process.

The role of a criminal defense attorney is really complex. He can challenge probable cause for arrest, argue in favor of being released on your own recognizance or on very low bail, negotiate plea bargains with prosecutors, discuss the pros and cons of going to trial, and discuss the advantages and disadvantages of pleading guilty instead of going to trial. These things are what a public attorney can offer you when you're in the same circumstances.

As what I've said, getting the service of a public attorney from a public attorney's office is not so simple. You have to go through a careful evaluation of your financial assets, properties, incomes and debts to determine if you are eligible for representation by a public attorney. And, if you can't afford to hire a lawyer from the private legal community, the court will automatically appoint a government-paid lawyer to represent you.

Being freed from the payment of your legal fees is not the only advantage in hiring a public defender. With regards to a public defender's capabilities, you can consider him as the "perfect knights for justice? because he is very efficient at sizing up your case and presenting an acceptable plea bargain deal to the prosecutor and judge. Additionally, he is updated on new laws and legal theories in his area of specialty. As a result, you may be done with the criminal process and on with the rest of your life sooner than if you were represented by a private attorney.

Regarding the drawbacks, you have to know that a government-paid lawyer often has a huge overload of cases so he can't devote a lot of time to a certain lawsuit. He also often lacks office equipment and adequate research access, and can't afford to hire investigators to properly flesh out your case. As a result, you may have little or no access to your lawyer except during actual court hearings.

With all these, the decision is still left for you to decide on if you'll want a public defender to back you up in your case or not.

Criminal Procedure in Minnesota

2007-11-07T23:33:00.000-08:00

Criminal Procedure is the process that is followed through the Court system as a criminal case is processed and moves toward trial. The procedures are designed to provide persons accused of crimes with "Due Process" protections as set out in the State and Federal constitution and Bill of Rights.

1. Arrest: A law enforcement officer may arrest a person when he/she has probable causeto believe that a suspect has committed a specific crime. The probablecause cannot be a mere vague suspicion. When probable cause is present, an officer may make an arrest with or without a warrant. When an arrest is made, the person accused may be ticketed and released or taken into custody and transported to the police station where they are finger printed and booked.

2. Booking: At the police station, the person arrested goes through "booking." This may include entering information about the person into a police blotter as well as taking photographs and fingerprints.

3. Filing complaint: In the State system, the law enforcement officer prepares a report that is then transmitted to the prosecutor. In Minnesota, the prosecutor may be a U.S. attorney for federal crimes or a County attorney, a member of the Attorney General's office ora city prosecutor for state crimes. Once a prosecutor isprovided a report, they must decide decide whether there is sufficient evidence to file criminal charges. If charges are appropriate,the prosecutor prepares a "tab charge" or a "complaint."

4. Filing of indictment or information- Federal System: In the federal system, the first step is too convene a grand jury to hear the prosecutor's evidence and to issue an indictment. The indictment is a form of Complaint.

5. Bail Hearing. If the person charged has been taken into custody and remains in jail, the must be brought before the court to determine conditions of release. At this hearing, the Judge weighs arguments relative to whether the suspect presents a risk of harm to others or is a flight risk unlikely to return to Court for his/her next appearance. Generally the Court will weigh factors related to family and business ties to the community, the nature of the crime charged, and stability of the suspect.

6. Firstappearance (Arraignment) - State System: After the complaint has been filed, it is served on the person charged by mail or by the suspect is brought before a Judge. This is called the "first appearance" or "arraignment." At the first appearance, the court is crowded with other defendants. As a result, this is likely to be a lengthy proceeding and it may not be possible to discuss your case with the prosecutor prior to having the matter called before the Judge. Each person in the Court room is informed of his or her rights and given an opportunity to apply for representation from a public defender if they qualify financially. When Court convenes, each person charged with a crime is brought before the Judge where they are notified of their rights and the charges against them. If the person elects to enter a plea of "not guilty" , the matter is set on for a second appearance. If a defendant does not appear as scheduled, the Court will issue a warrant for the individual's arrest.

7. Rasmussen Hearing, Omnibus or Pretrial: If the case is a misdemeanor, the second appearance may be called a pretrial or a"Rasmussen" hearing. If the case involves afelony (where incarceration may exceed on year), an "Omnibus" hearing is held. At this second appearance, the person accused may challenge the probable cause in the case and request that the Judge dismiss the charges. This may involve submitting the issues to the court "on the record" which means that the Court makes its decision without live testimony based on the existing police reports. The person accused may also require live witnesses to testify where they can be cross examined. If the case is not dismissed, it is scheduled for atrial date.

8. Pre-trial motions: Prior to the trial, the prosecutor or Defense counsel now make any pre-trial motions, including any motions to exclude evidence or limit testimony.

9. Trial:After any pretrial motions have been heard and ruled upon by theCourt, the case proceeds to trial. If the charge is a felony, or a misdemeanor punishable by more than six months in prison, all states give the defendant the right to have the case tried before a jury.

10. Sentencing: If at any time prior to trial the Defendant pleads guilty, or if the defendant is found guilty after a trial of the issues, a hearing is held to determine sentencing. Sentences may entail jail time, restitution and fines. Often, the sentencing may occur at the end of a trial or when a plea is entered and is not always heard as a separate hearing. In cases that involve felonies, repeat DWI's or crimes of violence, the Court may require the defendant to meet with probation to discuss the charges, the circumstances surrounding the charges and past criminal history. This is called a Pre-sentence Investigation. The probation will compile the information into a summary for the Judge to review. That summary will often recommend a sentence. Ultimately, however, it is the Judge who makes the sentencing decision. In many cases, Minnesota Statutes set forth minimum sentences or presumptive sentences. These are guidelines for the Court to follow when determining punishment.

11. Appeals: A convicted defendant is then entitled to appeal (e.g., onthe grounds that the evidence admitted against him at trial was the result of an unconstitutional search).

12. Post-conviction remedies: Both state and federal prisoners, even after direct appeal, may challenge their convictions through federal-court habeascorpus procedures. Generally, to challenge a convictionthe convicted party must prove that three was ineffective assistance of counsel, prosecutorial misconduct or newly acquired evidence which,if known, would likely have lead to a different result.

California criminal defence attorney cases

2007-11-07T23:09:00.000-08:00

DOMESTIC VIOLENCE- Santa Monica, Ca.
A doctor was charged with spousal abuse after fighting with his fiancé. After trying to work it out with her, and many hours of counseling, they broke up. The fiancé was vengeful, and the prosecutor was determined to convict our client and throw him in jail. The doctor hired the Lombardo Law Office and they took the case to jury trial and won. Client acquitted.

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RECEIVING STOLEN PROPERTY- Rancho Cucamonga, Ca.
A wife and mother was charged with receiving stolen property, i.e. hundreds of stolen, expensive name brand purses. She was selling them on foreign auction websites. After a sting operation, she was caught making a transaction with the seller of the stolen merchandise. She was facing 3 years in prison, but after months of fighting in Court, we secured a plea bargain for probation, electronic monitoring (ankle bracelet) and restitution.
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VOLUNTARY MANSLAUGHTER- San Bernardino, Ca.
A young man was playing “Russian Roulette” with his best friend. Neither man had any intention of hurting the other. The friend was shot in the head and died instantly. Client was charged with voluntary manslaughter, taken into custody and was offered 7 years in prison by the D.A. We rejected the plea bargain and started the jury trial. Part way through the trial, the judge called us back into chambers, and agreed with us. We successfully negotiated for involuntary manslaughter, probation and community service. No prison!
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POSSESSION OF A WEAPON- West Covina, Ca.
Our client was a 23 year old man who was on probation. During a probation search of his bedroom, a set of nunchukas were found under his mattress. The D.A. filed charges and refused to negotiate a reasonable plea bargain, so we took it to a jury trial. We convinced the jury that our client was not guilty, and he was acquitted! The probation officer later dismissed the violation. Client walked away free.
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EMBEZZLEMENT- Los Angeles, Ca.
Our client was an employee of Los Angeles County in a purchasing department. After a covert investigation, both he and an accomplice were accused of “padding the books” for personal gain and stealing over $250,000. He hired the Lombardo Law Office and we quickly jumped in to negotiate with the authorities on his behalf. We were able to convince them not to file charges against him. Client paid no money back. The accomplice, however, was indicted in Federal Court
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DUI- Victorville, Ca.
Our client was pulled over after leaving a nightclub at 2:00 a.m. She blew a .10% BAC. She was charged with driving under the influence and driving with greater than .08% BAC. We appeared in court on her behalf and handled the entire case for her. She received probation, the minimum fine, and the minimum DUI class. No jail.
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DUI- San Bernardino, Ca.
Our client was in a van with someone else in a parking lot. The police thought it was suspicious and conducted a DUI investigation against our client, because he was sitting behind the wheel. We took the case to jury trial, and before jury selection began, we produced our client’s friend, explained to the D.A. that he was the driver, and the case was dismissed. Both men walked free.
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LEWD ACT WITH A MINOR- Pomona, Ca.
Our client was a 30 year old man who began dating a 16 year old girl. The girls mother called the police when she found out about the relationship. After the police conducted their investigation, they submitted the reports to the D.A. for the filing of charges. We successfully convinced the D.A. that our client truly believed that the girl was over 18 years old. The D.A. did not file the charges.
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SEXUAL BATTERY- Long Beach, Ca.
Our client was a middle aged man who was approached by a much younger girl. He invited her into his business, and the began to flirt and get physical. The girl changed her mind, ran out and called the police, alleging that he grabbed and touched her while using force and holding her hostage in the back room. The D.A. filed charges. We settled the case for no jail time, with our client pleading to a misdemeanor simple battery, small fine and short probation. Two years later, were got the case dismissed entirely.
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ATTEMPTED MURDER- Pomona, Ca.
An upper class, middle aged husband and wife were arguing about their children, and the wife became enraged. She retrieved the gun out of the safe, approached her husband, put the gun to his chest and threatened to shoot him. He laughed and told her she was crazy. She then pointed the gun toward the floor and pulled the trigger. Husband called the police, and wife was charged with attempted murder. She was arrested and husband hired the Lombardo Law Office to defend her. After extensive motions in court, we secured a plea bargain where our client plead guilty to assault with a deadly weapon and went into custody for a 90 day diagnostic period. But, after almost 80 days, we brought her back to court and argued to the Judge that she is sane and should serve no further jail time. The Judge agreed and our client was released on probation!
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FIRST DEGREE RESIDENTIAL BURGLARY, 3 COUNTS (ALL STRIKES)- Laguna, Ca.
Our client was a 25 year old man who suffered a mild brain injury in the past and was on depression medication. One night, after having a few beers, he went through an affluent neighborhood and broke into three houses, one after the other. He stole some items form the first two, but in the third house he woke a sleeping woman, and had a brief conversation with her. He ran after she called 911, but was later caught with the stolen merchandise. He was facing life in prison, and the D.A. offered a plea bargain of 10 years in prison! His parents hired the Lombardo Law Office and we brought a forensic psychiatrist expert on board our team. After extensive testing and brain x-rays, we got two of the counts dismissed and convinced the judge to keep our client out of prison. Client received only one year in the county jail and probation. After a total of 8 months, he was out.
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FEDERAL MEDI-CARE FRAUD- San Diego, Ca.
Federal Court Our client was a Mexican Doctor who practiced medicine at a clinic occasionally in San Diego. He became involved in a lucrative scheme to defraud the government out of over $100,000 in fake medi-care claims. He was arrested and detained in federal custody until his family hired the Lombardo Law Office and we convinced the Magistrate to grant our client a reasonable bail. We negotiated extensively with the Assistant United States Attorney and secured a plea bargain for a 30 day sentence in a “half-way house” and restitution to the government over a period of time.

ILLegal immigtation

2007-11-07T23:01:00.000-08:00

Giuliani: Illegal immigration no crime-Not what he told Mike Cutler!

Mike Cutler:
"After the senator and the U.S. attorney engaged in a bit of bantering about a recent trip they had taken to Italy together, D'Amato turned to the issue of the penalties for the crime of Re-Entry After Deportation. U.S. Attorney Giuliani asked me for the statute concerning this crime and I told him that it was to be found in Title 8 of the United States Code, Section 1326. After a short while, Giuliani got back on the phone, obviously he tracked down the law and said that I was correct, that the maximum punishment was 2 years in jails and that the law did not differentiate between aliens who had criminal convictions and aliens who did not. He told Senator D'Amato that boosting the penalties for criminals who are deported and illegally re-enter the United States was a great idea! "

Complete email from Mike Cutler:

The story I am about to tell you is a bit lengthy but I believe it is worth reading for several reasons. It shows how politicians can conduct themselves responsibly when they are given relevant facts. It also provides some insight to one of the candidates who is currently running for President. I am referring to none other than Rudy Giuliani. The news story I have attached below should get all of us to sit up and pay attention! Before I get to Mr. Giuliani's outrageous statement, I would like to provide some background.
In the mid 1980's I began working with then New York Senator Alphonse D'Amato on a number of immigration-related issues. I approached his staff about the need to address the immigration issue at a time that the number of criminal aliens was soaring and the agency that was supposed to lead the charge was refusing to take itself and its responsibilities seriously. The first time I made an appointment to go to the senator's office I brought along my first wife who subsequently passed away more than 20 years ago. We were both surprised that as I met with members of the senator's staff, Al D'Amato, himself poked his head into the meeting room and chatted with us for about 10 minutes. He went on to tell me that he would support my recommendations if was able to get some of my colleagues to corroborate my assertions.
I began cajoling and pleading with about 30 of my then colleagues to go to the senator's New York office which was located in the Madison Square Garden Complex. Finally, the senator agreed to another meeting that was supposed to last for 30 minutes. I brought 3 of my colleagues with me and we sat down in the senator's law library and waited for him along with a couple of his staffers. Suddenly, the senator strode into the room, carrying a huge, white mug containing steaming coffee. The mug was emblazoned with big, bold, black letters that simply said, "THE BOSS."
In the days before the meeting I focused on what I would say to him. I knew that I would only get one chance to really get his attention and so these words would be critical. I like to say that you only get one opportunity for a first impression. I felt that this first impression that the words would convey had to grab his attention immediately. After we introduced ourselves to him he said, "Mikey, how can I help you?"
I looked him in the eye and as best as I can recall, I said, "Senator, we thank you for taking time out from what we know is an incredibly busy schedule. The four of us seated in your office today are civil servants who are concerned about the situation at the INS. (One of us, Pete Mastrosimone was a supervisory immigration inspector who would die a few short years later of a heart attack. The other two guys who accompanied me were criminal investigators (special agents) as I was at that time.) I went on and told the senator that, "While we were all federal officers that we had come as his constituents, as tax payers who had all come to the unhappy conclusion that we were unable to get our money's worth from our own efforts, not because of any of our failings but because of the failings of the agency that employed us, the Immigration and Naturalization Service."
It was clear that the words resonated with the senator because he looked me squarely in the eye and asked us to explain what was going on. He seem angry, not at us, but at the picture we painted.
After about 30 minutes, one of the senator's aides stepped into the room to remind him of a luncheon appointment with an ambassador of a foreign government. We were never told who the ambassador was nor the country he represented. What surprised us was that Senator D'Amato told his aide to get someone from his office to take the dignitary to lunch because he felt that the meeting we were having with him was far too important to end. He wound up spending more than 2 hours with us.
He asked me if there was anything that I thought should be done to address some of the many failings at the INS. I provided him with 3 suggestions. I told him that it made no sense to not differentiate criminal aliens from those illegal aliens who were working illegally in the United States. The mind-set that an arrest was an arrest and that agents were evaluated purely by the number of aliens arrested and processed was absurd. I also explained that the agency was playing a "numbers game." I asked him what he thought the statement that a thousand illegal aliens had been arrested and processed for deportation meant. He told me that it sounded as though a thousand illegal aliens had been deported. I surprised him by telling him that this statement simply meant that one thousand illegal aliens were taken into custody and that the paperwork was done and that the agency counted the number of aliens processed for deportation even though many of the aliens were then released, only to disappear into communities in New York. This was the early version of the now infamous "Catch and Release" program. As you might expect, Senator D'Amato was thoroughly angered by this revelation!.
Next I told him that I would suggest that aliens who were serving jail sentences should be process for deportation inside the jails and that deportation hearings should also be conducted inside the jails in which they were incarcerated. It made no sense to have an alien serve many years behind bars and that the INS would then initiate deportation proceedings upon his release from prison. In these situations either these criminal aliens were held in our detention facilities that lacked adequate resources, or the criminal aliens were allowed to post bail and go back on the street whereupon they either absconded, committed additional crimes, or did both. In my judgement, holding hearings inside a jail would provide the alien who had been ordered deported to appeal his deportation and then ultimately be given a final order of deportation before his prison sentence expired. In these cases, these aliens would simply be taken to an airplane upon the completion of their criminal sentences and removed from our country. (This program was put into effect and became known as the Institution Hearing Program.) Like everything else at the former INS and now at DHS, limited resources hobble this program.
Finally, I suggested that the penalty for the crime of Re-Entry After Deportation be increased from the maximum of two years in jail to a maximum of 20 years in custody for criminal aliens. It made no sense to me or my colleagues who accompanied me to that meeting that the law did not differentiate between criminal aliens and aliens who were administrative law violators. Senator D'Amato was incredulous! He had trouble believing what we told him, so he called his good friend, the man who, at the time occupied the powerful position of United States Attorney for the Southern District of New York, Rudy Giuliani. D'Amato had one of his staffers call Giuliani's office and had the call put on the speaker phone.
After the senator and the U.S. attorney engaged in a bit of bantering about a recent trip they had taken to Italy together, D'Amato turned to the issue of the penalties for the crime of Re-Entry After Deportation. U.S. Attorney Giuliani asked me for the statute concerning this crime and I told him that it was to be found in Title 8 of the United States Code, Section 1326. After a short while, Giuliani got back on the phone, obviously he tracked down the law and said that I was correct, that the maximum punishment was 2 years in jails and that the law did not differentiate between aliens who had criminal convictions and aliens who did not. He told Senator D'Amato that boosting the penalties for criminals who are deported and illegally re-enter the United States was a great idea!
As the federal prosecutor he was at that time, Giuliani certainly understood the concept of deterrence! Unbeknownst to me at the time, Walter Connery, the former head of the Internal Affairs Division of the INS who would shortly report to New York as the chief of investigation or Assistant District Director for Investigations and a former high-ranking member of the NYPD and a lawyer in his own right, would submit a legislative proposal to Senator D'Amato that paralleled my suggestion about increased penalties for the crime of unlawful re-entry into the United States by aliens who had been deported and had criminal convictions. The law was changed and now, under the current law, an alien who is defined as a "Aggravated Felon" may serve a maximum of 20 years in prison if he is deported and re-enters the United States without authorization.
Back then, United States Attorney Giuliani was a prosecutor, indeed, he was the preeminent federal prosecutor in New York.
When he was elected mayor of New York, Giuliani stated that he subscribed to the "Broken windows approach to law enforcement." You can read an interview he gave in May, 2003 where he discussed many issues, including the "Broken windows approach to law enforcement." I have attached the link to this interview below:
http://www.achievement.org/autodoc/page/giu0int-4
His quote about "Broken Windows" follows (I have taken the liberty to highlight the most interesting part of his statement):
Rudolph Giuliani: Well, I very much subscribe to the "Broken Windows" theory, a theory that was developed by Professors Wilson and Kelling, 25 years ago maybe. The idea of it is that you had to pay attention to small things, otherwise they would get out of control and become much worse. And that, in fact, in a lot of our approach to crime, quality of life, social programs, we were allowing small things to get worse rather than dealing with them at the earliest possible stage. That approach had been tried in other cities, but all small cities, and there was a big debate about whether it could work in a city as large as New York. One of the ways that New York used to resist any kind of change was to say, "It can't work here," because they wanted to keep the status quo. There is such a desire for people to do that, to keep the status quo. And I thought, "Well, there's no reason why it can't work in New York City. We have bigger resources. We may have bigger problems, we have bigger resources, the same theory should work." So we started paying attention to the things that were being ignored. Aggressive panhandling, the squeegee operators that would come up to your car and wash the window of your car whether you wanted it or not -- and sometimes smashed people's cars or tires or windows -- the street-level drug-dealing; the prostitution; the graffiti, all these things that were deteriorating the city. So we said, "We're going to pay attention to that," and it worked. It worked because we not only got a big reduction in that, and an improvement in the quality of life, but massive reductions in homicide, and New York City turned from the crime capital of America to the safest large city in the country for five, six years in a row.
Here is my point; Mr. Giuliani, as mayor, said that he went after the low level crimes. This is stunning when you consider that he was willing to have the cops arrest those who wielded squeegees or spray paint cans that they used to create graffiti, but now declares that illegal aliens who run our borders should not be arrested! This absolutely takes my breath away!
Mayor Giuliani presided over New York City when it was a so-called "Sanctuary City." You can read the transcript of a hearing at which I testified on February 27, 2003 before the House Subcommittee on Immigration, Border Security and Claims entitled, "NEW YORK CITY'S 'SANCTUARY' POLICY AND THE EFFECT OF SUCH POLICIES ON PUBLIC SAFETY, LAW ENFORCEMENT AND IMMIGRATION."
http://commdocs.house.gov/committees/judiciary/hju85287.000/hju85287_0f.htm
In an era of escalating gang activity and the threat of terrorism, Mr. Giuliani apparently does not consider the millions of illegal aliens who violate our borders to be committing a crime, but considered it worthwhile to go after teenagers who spray painted graffiti on buildings and other places! I frankly do not like graffiti, but what is a bigger threat to our safety? I certainly did not like the squeegee guys approaching my car and engage in aggressive panhandling, but really, is this a crime or simply a matter of disorderly conduct?
Giuliani certainly "gets it" but then makes contradictory statements! H cannot have it both ways!
He must know that many illegal aliens do not run our nation's borders but rather enter through ports of entry and then, in one way or another, violate the terms of their entry into our country.
I have made this point many time before and feel compelled to make it again. It is impossible to control illegal immigration at the border if aliens come to realize that they can count on getting rewarded for running our nation's borders if they manage to get past the Border Patrol agent or CBP inspector. I know that Rudy is an avid Yankees fan. He must realize that to not enforce the immigration laws from the interior of the United States would be the equivalent of a baseball team playing the game but having their outfielders sit out the game. Under such bizarre circumstances, anyone who could hit the ball over the second baseman's head would probably get an in the park home run!
Special agents are also desperately needed to do more than simply attempt to arrest aliens who are working illegally. We need thousands of special agents at ICE to go after the fraud in the immigration benefits program that not only rewards aliens who furnish false information on their applications for immigration benefits, but also represents a threat to national security by enabling spies and terrorists to easily game the system and acquire resident alien status and even United States citizenship.
It sometimes seems that it would be easier to nail Jello to the wall than pin down our politicians especially where the critical issue of immigration is concerned!
We the People have to get involved in the political process. The upcoming election will, I believe, mark a critical opportunity for our nation and our citizens. We are a nation at crossroads and we had better make certain that the next occupant of the Oval Office will represent our best interests rather than the best interests of special interest groups and corporations! There will be no "Do Overs!"

Organized Crime Pays in italy

2007-11-07T05:30:00.000-08:00

Organized crime represents the biggest segment of the Italian economy, accounting
for more than $127 billion in receipts, according to a report issued Monday.

The new figure reflects a trend that has been under way for a few years, the
annual report says. The figure last year was $106 billion, making it not quite the
biggest segment of the economy.

The report also said the line between legitimate business and criminal activity
was becoming harder to discern.

The annual report was released by the Confesercenti, an association of small
businesses. It says that through various activities extortion, usury, contraband,
robberies, gambling and Internet piracy organized crime accounts for 7 percent of

Italys gross domestic product.

From the weaving factories, to tourism to business and personal services, from
farming to public contracts to real estate and finance, the criminal presence is
consolidated in every economic activity, the 86-page report said.

The report also points to a disturbing trend of collusion in which big businesses
participate, especially in public works. The businessmen prefer to make a pact
with the Mafia rather than denounce the blackmail, the report said.

The report comes on the heels of a visit to Naples by Pope Benedict XVI on Sunday,
when he condemned deplorable mob violence that he said had insinuated itself into
everyday life.

Recent news reports have described threats to journalists in Sicily and the
Campania region from organized-crime families.
Usury represents the most lucrative activity by organized crime, with syndicates
taking in $43 billion while racketeering brings in $14 billion, the report
estimated. Illegal construction nets about $19 billion.

The businesses most afflicted by organized crime are in the south in Sicily,
Campania, Calabria and Puglia, the report found.

The report says 80 percent of the businesses in the Sicilian cities of Catania and
Palermo regularly pay protection money, known as pizzo.

Attorney good or bad 4 paris hilton

2007-11-07T03:22:00.000-08:00

By now everyone on planet earth and maybe even other planets, like the one Paris Hilton is actually from, has heard that she checked herself into jail Sunday night to start serving a 23 day sentence for violating probation.

The sentence was originally 45 days.
And now… SHE’S ALREADY OUT.

After just 3 days Paris Hilton was released from jail to house arrest… for 40 more days.

Her Mug Shot

This got me thinking, her Lawyer Richard A. Hutton from Hutton & Wilson, a supposed preeminent DUI Firm in Los Angeles must have seen a surge in prospective clients due to the publicity.

Or did he… receiving a 45 day sentence for a violation of probation after she was caught driving on a suspended license is hardly what I would call a successful DUI representation (Original DUI charge in September). I know many people that have had similar cases or even more serious charges that did not even sniff the interior of a jail cell.

So the question this poses from a marketing perspective: Is it worth it to take on a celebrity or high profile client, whether it be Pro Bono or not, in order to get free publicity even if you LOSE THE CASE? I know many people would revert to the cliche “There’s no such thing as bad press”. Of course it works for Paris, but what about her Attorney?

Attorney jokes

2007-11-07T03:16:00.000-08:00

Stephen wrote this terribly early in the morning:
These are from a book called Disorder in the American Courts, and arethings people actually said in court, word for word, taken down andnow published by court reporters who had the torment of staying calmwhile these exchanges were actually taking place.

ATTORNEY: Are you sexually active?
WITNESS: No, I just lie there.
_______________________________________________________

ATTORNEY: What gear were you in at the moment of the impact?
WITNESS: Gucci sweats and Reeboks.
______________________________________

ATTORNEY: This myasthenia gravis, does it affect your memory at all?
WITNESS: Yes.
ATTORNEY: And in what ways does it affect your memory?
WITNESS: I forget.
ATTORNEY: You forget? Can you give us an example of something youforgot?

_____________________________________

ATTORNEY: What was the first thing your husband said to you thatmorning?
WITNESS: He said, “Where am I, Cathy?”
ATTORNEY: And why did that upset you?WITNESS: My name is Susan!
______________________________________

ATTORNEY: Do you know if your daughter has ever been involved invoodoo?
WITNESS: We both do.ATTORNEY: Voodoo?
WITNESS: We do.
ATTORNEY: You do?
WITNESS: Yes, voodoo.

______________________________________

ATTORNEY: Now doctor, isn’t it true that when a person dies in hissleep, he doesn’t know about it until the next morning?
WITNESS: Did you actually pass the bar exam?____________________________________

ATTORNEY: The youngest son, the twenty-year-old, how old is he?
WITNESS: Uh, he’s twenty-one.________________________________________

ATTORNEY: Were you present when your picture was taken?
WITNESS: Are you shittin’ me?______________________________________

ATTORNEY: So the date of conception (of the baby) was August 8th?
WITNESS: Yes.
ATTORNEY: And what were you doing at that time?
WITNESS: Uh…. I was gettin’ laid!______________________________________

ATTORNEY: She had three children, right?
WITNESS: Yes.
ATTORNEY: How many were boys?
WITNESS: None.
ATTORNEY: Were there any girls?
WITNESS: Are you shittin’ me? Your Honour, I think I need adifferent attorney. Can I get a new attorney?______________________________________

ATTORNEY: How was your first marriage terminated?
WITNESS: By death.
ATTORNEY: And by whose death was it terminated?
WITNESS: Now whose death do you suppose terminated it?______________________________________

ATTORNEY: Can you describe the individual?
WITNESS: He was about medium height and had a beard.
ATTORNEY: Was this a male or a female?
WITNESS: Guess.
_____________________________________

ATTORNEY: Is your appearance here this morning pursuant to adeposition notice which I sent to your attorney?
WITNESS: No, this is how I dress when I go to work.
______________________________________

ATTORNEY: Doctor, how many of your autopsies have you performed ondead people?WITNESS: All my autopsies are performed on dead people. Would youlike to rephrase that?______________________________________

ATTORNEY: ALL your responses MUST be oral, OK? What school did you goto?
WITNESS: Oral.
______________________________________

ATTORNEY: Do you recall the time that you examined the body?
WITNESS: The autopsy started around 8:30 p.m.
ATTORNEY: And Mr. Denton was dead at the time?
WITNESS: No, he was sitting on the table wondering why I wasdoing an autopsy on him!____________________________________________

ATTORNEY: Are you qualified to give a urine sample?
WITNESS: Huh….are you qualified to ask that question?
______________________________________

And the best for last:
______________________________________

ATTORNEY: Doctor, before you performed the autopsy, did you checkfor a pulse?
WITNESS: No.
ATTORNEY: Did you check for blood pressure?
WITNESS: No.ATTORNEY: Did you check for breathing?WITNESS: No.
ATTORNEY: So, then it is possible that the patient was alive when youbegan the autopsy?WITNESS: No.
ATTORNEY: How can you be so sure, Doctor?
WITNESS: Because his brain was sitting on my desk in a jar.
ATTORNEY: I see, but could the patient have still been alive,nevertheless?
WITNESS: Yes, it is possible that he could have been alive andpractising law.

Tips on taking structured settlement

2007-11-05T22:36:00.000-08:00

For most people when they buy a house it is considered their life’s largest deal. In some cases of structured settlements the compensation and financial considerations for a persons life duration and the total present value of the settlement can reach few millions of dollars.

Therefore it is strongly advised to use professional services like annuity consultant and a lawyer specialized in this field in order for you to avoid painful costly mistakes.Here are some tips:- Think twice before you make a decision.

Do you really need that money or you want to feel rich, secure, powerful etc’-Take only part of the money not all of it, in case of an injury claim the Court needs to approve your request, the judge will want to know what do you need the money for.-Some Funds will try to convince you that due to Inflation and rising cost of living your annuity payments have less and less buying power over time.

Remember that if the Structured settlement was done properly it has a cost-of-living adjustment (COLA) feature build into it in order to offset the effects of inflation over time. So the funds claim on this issue is only partially true as the cost of living index is an artificial and biased measure of the actual inflation over time.

Still even 70% protection is reasonable.-When you get a large sum of money take into account that each bank is F.D.I.C. insured for up to $ 100,000 only! That means that if your sum of money is bigger than that you will need to open additional Account/s in a different bank/s in order to be covered.In addition take into account that as long as you deposit your money in C.D’s (e.g. Certificate of Deposit) you are covered, but if you invest your money In fixed income, stocks, bonds, and mutual funds.

These securities are NOT F.D.I.C. insured!- In case you transform Lottery winnings payments or a large sum of money from structured settlement, keep it as discrete as you can, It is not recommended to go and buy a Rolls-Roys or any other flashy car, that will bring the criminals and the charity people to chase you. That might even cause your children start to ask for money.

Try to keep it a secret.-It is a good Idea to get more than one or two offers from various private funds before making a decision, remember you are a very lucrative customer, the funds should fight over you! Don’t be timid to negotiate and manipulate them to maximize your money.

Tax Deferred Exchanges of Investment and Business Real Estate

2007-11-05T22:30:00.000-08:00

The Primary Residence taxation, the Residential Substitution Rollover, Sec. 1034 exclusion is gone. Former capital losings still apply, if the property is held as investing property and sold at a loss and that loss can be carried over for up to 7 years. For those over age 55 the primary abode or residential sale exclusion of taxation is gone. Tax postponed exchanges stay a feasible manner of deferring taxation on investing existent estate.

It is required to analyse and pre program prior to transaction. That analysis must be done by an updated tax deferred exchange professional person such as as those we have got on retainer. Not lone make you need a tax attorney, but a existent estate attorney, and an expert attorney workings with them - that is a specializer in only tax consequences; especially those of tax deferred existent estate transactions. There must be proper word forms and written written documents before the transaction is done. This necessitates planning and a reappraisal of restrictions as well as a formal and professional review of premises and decisions.

Most Realtors, Attorneys and CPAs make not have got sufficient expertness to steer you in a legitimate and defendable tax deferred exchange. The cardinal here is defensible, as the Internal Revenue Service will usually scrutinize the tax deferred transaction and if it's done correctly so that it is easily defendable you will canvas right through the audited account for small or no money. Your personal tax profile and that of your other business and household personal identities must be factored in the decisions. It may be necessary to legally refigure, adjust, and compartmentalize your purchase or sale - and written document that appropriately, BEFORE you get to set any portion of the transaction in writing. Planning is legally done BEFORE and if it is done after the transaction you can be apt for fraud. The Internal Revenue Service makes not take kindly to fraud especially regarding existent estate.

For case you must cognize your consecutive line depreciation factor; for investing property that is currently 39 years. For instance: Any depreciation taken during the ownership of the property will be picked up in a recapture tax upon the sale of the property.

Federal and State taxations must be combined properly, according to numerous factors that must be researched by your squad of advisors. Since the sum taxation on the addition is approximately 35% of the addition plus the recapture tax - your fees to people can be well deserving it to you if they better your tax situation. The tax deferred technique can postpone till later or eliminate your tax payment and consequence. Of course of study the lone existent and usual manner to eliminate the tax is to die. There are ways to postpone the tax however until that death. Tax postponed strategies are sometimes called option strategies or option tax postponement strategies.

Note: if you are speaking with anyone and they talk of TAX FREE EXCHANGE or TAX FREE SALE of your property, they are not well informed and thus you should be wary of any other advice they give you. There is, effectively, no such as thing as a tax free sale or tax free exchange of existent estate.

Exchanging is an effectual tax planning tool. Large potentiality tax liability can therefore be deferred. And, there are savvy investors who have got got deferred taxation on billions of dollars of places for decennaries and thus given themselves many billions of dollars of further investing money with which to leverage their wealth.
Like sort exchange can now be defined as: any sort of existent estate in exchange for any other sort of existent estate.

We hear of qualifying property or places - yes there can be more than than two places involved, in some cases there can be respective and you don't have to ever see or even cognize about the other places involved. You will need good advice however, professional advice. This exchange of any sort of existent estate for any other sort of existent estate was not always true. This tax postponement option is not for everyone. Some proprietors should not defer.
We must realize, as well, that there is ALWAYS a hazard of audit.

The larger the dollars involved and the more than than than suspect (according to the IRS) that the participants in the transaction are, the more likely an Internal Revenue Service audited account of the process is. If there are respective million dollars in tax postponement involved, and especially if one or more of the participants are considered audited account targets by the Internal Revenue Service for any reason, you may go involved in an expensive tax audit. The cost of the audit, even if you are successful in defending your decisions, can be far greater than the tax deferments. And if the postponement is disallowed there WILL be penalties, fines, interest and even more than than than significant legal and accounting fees - plus an amended tax return in some cases which may trigger more effects and even more audits. I trust I've made myself quite apparent here - get good advice from legal and accounting specializers on these exchanges.

There is a clip line, for respective of the Acts and effects in exchanges according to the IRS. In improver to timing there are other qualifying or disabling states of affairs and these states of affairs include the usage of the properties, before, during and after the transaction by those involved or their families, friends, associates, etc... In improver to the normal criteria for the exchanges, if Realtors, investors, attorneys, or those who purchase and sell existent estate frequently are involved in exchanges; the Internal Revenue Service do special, more than than restrictive regulations that volition consequence in more examination by the IRS. In fact the Internal Revenue Service tin do up grounds why they believe a individual needs more than scrutiny; that can include political affiliations, human relationships to politicians, your societal position, your association with judges, and conspicuously affluent or well known people and even your spiritual associations and charitable giving recipients. In fact, there can be a tax deferred exchange that volition work for one side of the exchange and not for the other individual or physical thing involved.

In improver the tax tribunal looks at purpose for use, investment, or purchase and sale -- not only the use; past, present and future; of the places involved but what they believe may be or could be the usages and effects based on all kinds of criteria and even intuitions they may have. They also have got extended regulations on what like-kind exchanges are. The exchange must also be interdependent. There may not be any reception or control of cash or other liquid assets from the sale by any of the exchangers. This tin be inclusive of debt relief as well. Any of these things will be taxed. In fact, a refinancing of any property involved within two old age or less volition disallow the tax postponement as well. There are also respective clip bounds and timing criteria involved which must be allowed for and honored.

There are some specific terms; relinquished property and substitution property are the most of import terms; after the most of import unequivocal phrase of all: Like Kind Property Exchange. Large potentiality tax liability can be deferred; that is: NO tax is owed upon reception of the proceeds; from your investing in qualifying existent estate, whether purchasing or selling, can be maximized by deferring the tax liability, the consequences, and using the postponed expenses. That is; you are saving and have got got the usage of the tax money you don't have to pay now, and you can put that money in the adjacent property, giving you a multiplied ability to put and harvest additional benefits of grasp and income. Therefore, you will have got the further money, and therefore further down payment, to put in an even larger property or pay cash for a more than expensive property. This tin change your life; your life as an investor, your business life, at least.

The exchange makes not have got to be simultaneous. You must in general; place the property within 45 years and settle down within 180 days.
There are also delayed exchanges, non coincident exchanges, which are sometimes called Starker Exchanges. There can be a buyer assisted, delayed, Starker exchange. This buyer assisted, delayed exchange, is done with the aid of the buyer - by letting the buyer possess or even dwell in the property for a while. This is almost always a bad idea, a very bad idea. There is also such as a thing as a reverse-Starker exchange. In a Change By Reversal Starker Exchange the substitution property is acquired before the relinquished property is sold. These are rare, unusual, possible and legal - but not to be considered lightly without adequate advocate involved in your every planning facet.

For the protection of all involved; the contracts, all exchange written documents and paperwork should be prepared by specializers in tax deferred transactions. The Realtor should never, ever, set up the exchange documents!

There are some further factors and rules. You can call up to three possible places in that first 45 twenty-four hours period. There is also a regulation called the 200% congeries regulation where you can call severalproperties up to but not more than than 200% of the value of the relinquished property. Property held by a individual who deals in property makes not qualify. Personal residential usage property makes not qualify. Partnership interest in property makes not qualify. Refinanced property will not likely measure up if it have been refinanced in the last two years. The property must ordinarily be held for investing and generally acquired and held for grasp and for production of income such as as rental income.

Let's now look at the sale of personal residences. The addition on a personal abode have no tax owed on the first $250,000 of addition for one individual or $500,000 tax relief for a couple. A rule abode is one that a individual dwells in for 183 years per twelvemonth or more than and no other. Factors which determine a person's rule abode are four; each screening the same residential computer computer address of that beingness claimed: A Driver's License; Magazine, Newspaper, and Internet Subscriptions, Utility Bills such as as Cable TV, Telephone, etc. that are mailed to and show the address as residence, credit card bills, checking and nest egg accounts, elector registration card, personal telephone listing in the achromatic pages.
There are many pages of rules, regulations, code, determinations, tax code, rental and vacancy rules, forsaking according to prescription, determinations of intent, assorted capricious factors known only to peculiar Internal Revenue Service agents, clip lines, divorcement issues, impermanent use, rental, vacancy, or forsaking issues, documented or discoverable purposes on the portion of participants in the transactions, multiple temperaments in short clip periods of time, work related tenancy and vacancy requirements, personal business usage of property, income streams, household uses, wellness related and documented residential move or vacancy requirements, tribunal cases and other recorded facts, all mode of particular demands and issues, land installment contract provisions, miscellaneous extenuating and defendable contingencies - which will impact the bona fide legality and defensibility of a tax deferred transaction. There are many points upon which your planning should be based. There are some emergency planning techniques as well.

You can even take some improvement disbursals and take a hole up disbursal for work done to sell the house. You MUST have: Written affirmation of necessary disbursals that are needed to sell the property. Be able to turn out the work was done within 90 years of the executed contract of sale. There is also, now, a upper limit of 20% taxation on the taxable part of the nett addition on the home. Generally tax laws are applied separately to each individual proprietor or co-owner of the property and each must ran into demands separately and individually.
Take care. Be prepared. Educate yourself and guarantee that your advisors are as well. Be legally and financially, well represented and very professionally and personally wary.

Tips to reduce tax burden

2007-11-05T22:24:00.000-08:00

Did you know that:

1. According to law you can reduce your tax liability by hiring family members to carry out work in your business. Pay your children and spouse to perform assigned duties. This way you can shift from higher tax rates to lower ones.

2. Consider hiring independent contractors instead of employees. You will save on payroll taxes. However ensure that you meet the IRS’s criteria.

3. Think about “deferring income” postpone receiving money to January instead of December. This means that payments received will be up for “tax” calculations a year away. However ask your accountant’s advice as the benefits are dependant on profit and losses for the year and your corporate legal structure.

4. Take advantage of tax deductions allowed for charitable donations. Make donations in November or December instead of January so that you can include the donations for tax deductions in the current year.

5. Maximize your expenditure on equipment and office supplies. Buy in advance for a quarter and use the tax deductions allowed in the current fiscal year.

6. Include expenses of business related travel in the current year.

7. Pay all bills due before the end of the year. Payment to cell services, rent, insurance, and utilities related to the business can be included for accounting and applicable tax waivers.

8. Plan a retirement plan and make payments before the end of the year. This will reduce your income for the year and proportionately the tax due. Be sure to check on the limits. Plan a feasible and beneficial strategy with your accountant.

9. Be sure to deduct from your taxable income money paid to licensing fees, businesses taxes, and annual memberships to businesses related organizations. Be sure to deduct interest paid on borrowings for running the business and related fees. Insurance premiums paid to insure the business office and machinery are eligible for tax deductions. Make a list of your memberships and check which ones are eligible for tax deductions.

10. Check whether you have deducted management and administration expenses as well as money spent on maintenance and repairs of equipment. Decide whether a cash accounting system or accrual one will benefit your business. The tax deductions are different depending on the system you use. When setting up your small business take the advice of a tax and accounting professional as to which accounting system would be most suitable.

Business Tax Attorney basics

2007-11-05T22:21:00.000-08:00

An attorney is a person who is granted the authority to act in place of another. With respect to a tax attorney, they act for you in communicating your income details to the government. This saves you from having to do it yourself. Competent tax attorneys have been trained to have an expert knowledge of the tax laws in your city, state or country.

No one plans to rack up tens of thousands of dollars of debt with the IRS when they open their business. Most of these problems start small. Little things, like maybe forgetting taxes for one or two payroll periods. Eventually things spiraled out of control. Now you're up to your eyeballs in debt to the IRS with no idea where to turn for help. For serious tax problems, including large IRS debts, payroll and other employment tax problems, you need a tax attorney.

Here are some tips for finding an attorney who can successfully go to bat for you against the IRS. Why you can't go with a typical lawyer Tax law is one of the most complicated fields of law. Taking one or two tax law classes in law school doesn't give an attorney the training or experience necessary to represent you effectively against the IRS. It would be like going to an obstetrician for brain surgery.

They're both doctors, yes, but with very different specialties. Good tax lawyers know the IRS's rules, and they can use those against them. They have specialized data bases/libraries they subscribe to and know how to utilize to have access to the very complicated, and constantly changing, laws and rules governing tax laws and procedures. The stakes are too high to gamble on a lawyer without these specialized tools, training and experience in tax law. If things go wrong, the business you've worked so hard to build could be shut down. You personally could even go to jail. Your CPA can't help you, either CPAs know the day-to-day accounting stuff needed to run a business and to file its tax returns. But when it comes to actually going head-to-head in controversies with the IRS, you need someone with both real litigation training and experience and a broad knowledge of how to deal with tax problems. Also, be advised: you have no confidentiality privilege covering potential criminal liability with your CPA.

In fact, your accountant is required by law to disclose certain accounting errors, which may land you in even bigger trouble. Consider the ramifications of having your CPA called in as the star witness against you if your case goes to trial. Look for specialized education Diplomas don't lie. Look for specific tax experience and training. Look for a lawyer that specializes in tax law, and preferably one who graduated from a highly-rated law school, such as NYU School of Law.

Try to find a lawyer with a Master's law degree specializing in tax law (LL.M. in Taxation). Make sure they are staying current in their field as well. Laws constantly change, and you want to make sure your business doesn't suffer with a tax attorney who's behind the times. References count Ask around. If you know a good lawyer or judge you trust, ask if he or she knows someone who specializes in tax cases who he or she feels comfortable recommending to you. Peer-reviewed ratings, like Martindale-Hubbell, can also give you an idea of what other lawyers are saying about the one you're considering hiring. Ask what the Better Business Bureau has to say about the lawyer.

Field experience is absolutely necessary Any time you have a controversy or a fight, you want a litigator. If you have a dangerous or complicated controversy with the IRS, your tax lawyer should also have extensive litigation experience, though very few do. You need someone who has real training and experience in dealing with conflicts and proceedings with someone who's after you. A significant reason why the IRS settles is because they have to consider the hazard of litigation. They are going to want to get things settled and avoid a lengthy court battle -- but only if your case poses a risk to them. You need a credible threat of being able to go to court and really stand up to the IRS to get leverage to make them settle.

Holographic will in california

2007-11-05T22:16:00.000-08:00

In California, you can make a will in one of three ways:
A will prepared by a California lawyer. A qualified estate planning lawyer can make sure that your will conforms with California law. The California attorney can also offer suggestions and help you understand the many ways that property can be transferred to or for the benefit of your beneficiaries. I, as a California lawyer, can also help you develop a complete estate plan and offer alternative plans which may save taxes. This kind of planning can be extremely helpful and economical in the long run for you and your beneficiaries. No matter what kind of will you use, the will should be solely your will and not a joint will with your spouse or any other person.
Also, keep in mind that your will is not a living will. The term living will is used in many states to describe a legal document stating that you do not want life-sustaining treatment if you become terminally ill or permanently unconscious

A statutory will. California law provides for a “fill-in-the-blanks” will form. The will form is designed for people with relatively small estates. If there is anything you do not understand or if you are making any provisions which are complicated or unusual, you should ask a qualified lawyer to advise you.

A handwritten or holographic will. This will must be completely in your own handwriting. You must date and sign the will. Your handwriting has to be legible, and the will must clearly state what you are leaving and to whom. A handwritten will does not have to be notarized or witnessed. However, any typed material in a handwritten will may invalidate the will. A typed will must be signed by two witnesses. It is a good idea to consult with a qualified lawyer to make sure your will conforms with California law and does not have any unintended consequences.
Richard Lewis Brown (Professor of Law, University of Nevada, Las Vegas) has published "The Holograph Problem--The Case Against Holographic Wills", in 74 Tenn. L. Rev. 93 (2006).
Here is the introduction:

Holographic wills are a problem on several different levels. They are a problem to the coherence of the law of wills, to the decedents who have relied on them to guide the distribution of their estates, and to the court systems that must grapple with their chronic issues of validity and interpretation.

Holographic wills are entirely or largely in the handwriting of the decedent. Yet the term “holographic will” is not simply descriptive of the form of the will or whether it is handwritten, typed, or printed. Rather, it is a term of considerable legal significance.
In just over half of the states, a will that qualifies as a holographic will can be admitted to probate without attestation. As a result, statutes that authorize holographic wills create an exception to the nearly universal rule that a valid will must be witnessed.

Holographic will statutes are not simply anachronisms fading quietly out of favor. In fact, over the last half-century, there has been a modest increase in the number of states authorizing holographic wills. In these states, a motley parade of home crafted documents have been admitted to probate, ranging from hand completed pre-printed will forms, to excerpts from the most casual of letters, to a handwritten note on the back of a receipt, to informal notes, to eight handwritten words on the back of a greeting card, to a handwritten marriage contract. More troubling, similarly artless instruments that almost certainly were intended by their creators to be valid wills have been denied probate.

Why do many states authorize the creation of such problematic wills? The announced purpose is to allow for the creation of valid wills by those who are unable or unwilling to obtain the professional assistance of a lawyer. But in doing so, holographic will statutes have constituted a legislative invitation to create homemade wills. Therein lies the fundamental problem with holographic wills; they are invariably homemade, either in whole-as in the common case of a totally handwritten will, letter, or memorandum that is submitted for probate as a holographic will-or in part-as in the common case of handwritten entries on pre-printed will forms. Because they are invariably homemade, holographic wills present a range of chronic and unnecessary problems.

Part II of this Article places holographic wills in the context of the broader law of wills, including a brief discussion of the goals of the law of wills, the functions of the required formalities of execution, and the evolving movement toward “deformalizing” the law of wills. This is most notably evidenced by the development of the substantial compliance doctrine and the dispensing power.

Part III outlines and provides examples of significant problems inherent in holographic wills, including their susceptibility to invalidation and frequent issues of interpretation.

Part IV focuses on the central weakness of holographic wills-the fact that they are invariably homemade, drafted by amateurs without professional advice, and executed without any formalities.

Part IV, further argues that by encouraging the creation of such problematic testamentary instruments, statutes that authorize holographic wills undermine the ability of testators to effectuate their testamentary intentions.

Finally, Part V makes three proposals: First, that statutes authorizing holographic wills be repealed; second, that states avoid the unnecessary invalidation of imperfectly executed wills-including handwritten, un-witnessed wills that are unlikely to be completely eradicated by the repeal of holographic will statutes-by adopting the substantial compliance doctrine or the dispensing power; and, third, that state legislatures and the practicing bar provide more satisfactory mechanisms than holographic wills for lawyer-resistant testators who currently use holographic wills.

chicago case

2007-11-05T05:32:00.000-08:00

The end of the Operation Family Secrets trial in Chicago has also brought an end
to one of the government's secret weapons against the mob.

The secret weapon has a name: John Scully.

For 25 years, Mr. Scully has been a gangbuster for the United States attorney in
Chicago, a workhorse prosecutor who put away dozens of organized crime figures
with piercing arguments, a devotion to justice and a gentlemanly style.

Scully timed his retirement for the end of the Family Secrets trial last week. He
talked with the I-Team about the case and his career.

"The family secrets trail that just ended, was that the highlight of your career,
would you say?" ABC7's Chuck Goudie asked.

"Yes," Scully answered. John Scully is a man of few words, maybe because those he
does speak carry so much weight.

Just ask Joey "The Clown" Lombardo, Frank "The Breeze" Calabrese and "Little
Jimmy" Marcello, three of the Chicago Outfit bosses who Scully helped to convict
last month of their roles in decades of criminal rackets and eleven long-unsolved
gangland murders.

"There have been very few mob murders solved over the years," Scully said. "This
is the result of the work of an awful a lot of people for an awful long period of
time, resulted in basically in the solving of a number of cases."

After the Family Secrets victory last week, Scully's retirement was one of the
first things they noted. "I can't think of retiring on a higher note," said Pat
fitzgerald, U.S. Attorney.

Sixty-year old Scully is a South Sider who graduated from De LaSalle High School.
He attended the Naval Academy and was assigned to ship duty during the Vietnam War
aboard the U.S.S. Hull, a destroyer that put Captain Scully right off the coast of
vietnam for months.

When Scully received his law degree from the University of San Diego after the
war, his enemies changed, from the North Vietnamese to North Side Chicago mobsters
and their outfit brethren on 26th Street, from Grand Avenue, Cicero and Elmwood
Park.

In 1993, Scully prosecuted the On Leong gambling ring based in Chinatown, a major
case that exposed payoffs to the mob, Chicago police and even a Cook County judge.

Five years ago, he took down William Hanhardt, the once-successful chief of
detectives for the Chicago police. Hanhardt was sentenced to 15 years for
operating a nationwide jewelry theft ring, and he was an outfit operative with a
badge.

"A perfect cop in the mind of an awful amount of people. He cleared so many cases
and did police work that resulted in a number of people being prosecuted and being
prosecuted legitimately," Scully said. "He just never took his skills against the
Chicago Outfit."

At the time Hanhardt went to prison, Scully was already working on a
cloak-and-dagger investigation targeting the upper crust of the outfit.
It began with a letter from Frank Calabrese Jr., son of mob boss "Frank the
Breeze." It was a letter so secret that Scully's long-time trial partner, Mitch
Mars, didn't reveal it to others in the office for months.

"What was the danger at that point?" Goudie asked.

"Frank Jr. was cooperating, and it was going to be against his father who was a
killer in the Chicago mob," Scully answered.

In 2002, with Frank Jr. still undercover, his uncle Nick Calabrese stunned
prosecutors by offering to cooperate as well, admitting that he had committed at
least 14 mob hits. "There was not the realization on the part on our office or the
FBI that he had been involved with murders," Scully said.

Scully said he is amazed that murderer Joey "the Clown" Lombardo took the witness
stand and tried to talk his way out of the charges.

"As you sat there and looked at him, could you get the clown image out of your
head?" Goudie asked. "No, I didn't have the image of Joey 'The Clown,' I had the
image of Danny Seifert," Scully said.

Seifert was the Bensenville business owner that Lombardo murdered in 1974 to
prevent him from testifying in a case that Scully had assisted.

"Did you feel threatened by these people?" Goudie asked.

" No, that has never been a part of the Chicago outfit's background, at least in
recent years, over the last 30 or 40 years& going after agents, going after
prosecutors, going after police officers," Scully said.

Scully's retirement became effective while the jury was deliberating. He was given
special permission to remain at the government table. Then when the verdicts came
in, he packed up and went home.

Scully said he has no plans for the big salaries that some of his colleagues
receive after retiring to private practice. He plans to spend time with his
grandchildren.

Life annuity

2007-11-05T03:47:00.000-08:00

The life annuity (also known as a single-payment annuity) is a financial instrument that allows for a seller (issuer) - typically a financial institution such as a life insurance company - to make a series of payments in the future to the buyer (annuitant) in exchange for an immediate payment of a known sum with a certain net present value. The payment stream from the issuer to the annuitant has an unknown duration based principally upon the life expectancy of the annuitant. Generally, such an instrument stops payment at the death of the annuitant. However, it is possible to structure a life annuity so that the payments instead only stop upon the death of a second of two annuitants (i.e., a joint and survivor annuity); sometimes the instrument reduces the payments to the second annuitant.

The "pure" life annuity can have harsh consequences for an annuitant who dies before recovering their investment in the annuity. The risks of such a situation, called a "forfeiture", can be ameliorated by the addition of a added clause under which the annuity issuer is required to make annuity payments for at least a certain number of years (the "period certain"); if the annuitant outlives the specified period certain, annuity payments then continue until the annnuitant's death, and if the annnuitant dies before the expiration of the period certain, the annuitant's estate or beneficiary is entitled to collect the remaining payments certain. The tradeoff between the pure life annuity and the life-with-period-certain annuity is in exchange for the reduced risk of loss, the annuity payments for the latter will be smaller.

Annuity

2007-11-05T03:41:00.000-08:00

An annuity contract is a financial product, typically offered by a financial institution, that may accumulate value and take a current value and pay it out over a period of years. These contracts are regulated by various jurisdictions and this has led to the term being focused on different features in different parts of the world.

In the US, an "annuity" generally refers to a deferred investment contract that, upon "annuitization," will make regular payments (e.g., on a monthly or annual basis) to a person (called the "annuitant") for a period certain, over one or more specified individuals' lifetimes, or over a combination of life and a period certain.
Such contracts provide an income during retirement or a stream of payments as a settlement of a personal injury lawsuit (i.e., a structured settlement). Some annuities (called "joint life" or "joint and survivor" annuities) continue paying a second person (i.e., the "beneficiary") after the annuitant dies, until that person dies as well. (For example, an annuity may be structured to make payments to a married couple, such payments ceasing on the death of the second spouse.)
Annuities that make payments in fixed amounts or in amounts that increase by a fixed percentage are called fixed annuities. Variable annuities, by contrast, pay amounts that vary according to the investment performance of a specified set of investments, typically bond and equity mutual funds.
Variable annuities are used for many different objectives. One common objective is deferral of the recognition of taxable gains. Money deposited in a variable annuity grows on a tax-deferred basis, so that taxes on investment gains are not due until a withdrawal is made. Variable annuities offer a variety of funds ("subaccounts" in the parlance of the industry) from various money managers. This gives investors the ability to move between subaccounts without incurring additional fees or sales charges.
An annuity is an insurance product; annuities are typically issued by the same companies that issue life insurance policies, and the risks undertaken by the issuer are fundamentally the same for both products -- that is, the insurance company bets on the life expectancy of the customer. The result is to transfer the effects of the uncertainty of an individual's lifespan from the individual to the insurer, which reduces its own uncertainty by pooling many clients.
With a "single premium" or "immediate" annuity, the annuitant pays for the annuity with a single lump sum. The annuity starts making regular payments to the annuitant within a year. A common use of a single premium annuity is as a destination for roll-over retirement savings upon retirement. In such a case, a retiree withdraws all of the money the retiree has saved in, (i.e., tax-advantaged) savings vehicle during the retiree's working life and uses the money to buy an annuity whose payments will replace the retiree's wage payments for the rest of the retiree's life. The advantage of such an annuity is that the annuitant has a guaranteed income for life, whereas if the retiree were instead to withdraw money regularly from the retirement account, the retiree might run out of money before the retiree dies or not have as much to spend while the retiree is alive.
Another kind of annuity is a combination of retirement savings and retirement payment plan: the annuitant makes regular contributions to the annuity until a certain date and then receives regular payments from the annuity until the annuitant dies. Sometimes there is a life insurance component added so that if the annuitant dies before annuity payments begin, a beneficiary gets either a lump sum or annuity payments.

whereas

In the UK, the term "annuity" generally refers to the actual contract that makes payments. Commonly it is used to refer to a contract that is making payments (with the means of saving being referred to as a "pension"). In Britain the conversion of pension income into an annuity is essentially compulsory and this has led to a large market for annuities)

You never know when you are going to need a huge amount of money. You have gone in for an annuity plan that will be giving you a fixed amount of money for a certain period of time. When you realize that you need the money immediately, you go in for structured settlement annuity plan.

Having a home is the one thing that gives property owners a great feeling of accomplishment and creates a positive attitude towards life as well. Owning a property not only represents a physical shelter and a place to share the best memories with the ones that we love but it can also be a financial shelter for many unexpected problems that can befall us.

Just because you have received a structured settlement for your lawsuit or insuracne claim, it does not mean you have to wait years to get the money you have comming to you. There are several settlement purchasing companies that will give you quick cash for your structured settlement.

Types of insurances

2007-11-05T03:06:00.000-08:00

Any risk that can be quantified can potentially be insured. Specific kinds of risk that may give rise to claims are known as "perils". An insurance policy will set out in detail which perils are covered by the policy and which are not.
Below is a (non-exhaustive) list of the many different types of insurance that exist. A single policy may cover risks in one or more of the categories set forth below. For example, auto insurance would typically cover both property risk (covering the risk of theft or damage to the car) and liability risk (covering legal claims from causing an accident). A homeowner's insurance policy in the U.S. typically includes property insurance covering damage to the home and the owner's belongings, liability insurance covering certain legal claims against the owner, and even a small amount of health insurance for medical expenses of guests who are injured on the owner's property.

Automobile insurance, known in the UK as motor insurance, is probably the most common form of insurance and may cover both legal liability claims against the driver and loss of or damage to the insured's vehicle itself. Throughout most of the United States an auto insurance policy is required to legally operate a motor vehicle on public roads. In some jurisdictions, bodily injury compensation for automobile accident victims has been changed to a no-fault system, which reduces or eliminates the ability to sue for compensation but provides automatic eligibility for benefits. Credit card companies insure against damage on rented cars.

Aviation insurance insures against hull, spares, deductible, hull war and liability risks.

Boiler insurance(also known as boiler and machinery insurance or equipment breakdown insurance) insures against accidental physical damage to equipment or machinery.

Builder's risk insurance insures against the risk of physical loss or damage to property during construction. Builder's risk insurance is typically written on an "all risk" basis covering damage due to any cause (including the negligence of the insured) not otherwise expressly excluded.

Business insurance can be any kind of insurance that protects businesses against risks. Some principal subtypes of business insurance are (a) the various kinds of professional liability insurance, also called professional indemnity insurance, which are discussed below under that name; and (b) the business owners policy (BOP), which bundles into one policy many of the kinds of coverage that a business owner needs, in a way analogous to how homeowners insurance bundles the coverages that a homeowner needs

Casualty insurance insures against accidents, not necessarily tied to any specific property.

Credit insurance repays some or all of a loan back when certain things happen to the borrower such as unemployment, disability, or death. Mortgage insurance (which see below) is a form of credit insurance, although the name credit insurance more often is used to refer to policies that cover other kinds of debt.

Crime insurance insures the policyholder against losses arising from the criminal acts of third parties. For example, a company can obtain crime insurance to cover losses arising from theft or embezzlement.

Crop insurance "Farmers use crop insurance to reduce or manage various risks associated with growing crops. Such risks include crop loss or damage caused by weather, hail, drought, frost damage, insects, or disease, for instance

Defense Base Act Workers' compensation or DBA Insurance insurance provides coverage for civilian workers hired by the government to perform contracts outside the US and Canada. DBA is required for all US citizens, US residents, US Green Card holders, and all employees or subcontractors hired on overseas government contracts. Depending on the country, Foreign Nationals must also be covered under DBA. This coverage typically includes expenses related to medical treatment and loss of wages, as well as disability and death benefits.

Directors and officers liability insurance protects an organization (usually a corporation) from costs associated with litigation resulting from mistakes incurred by directors and officers for which they are liable. In the industry, it is usually called "D&O" for short.

Disability insurance policies provide financial support in the event the policyholder is unable to work because of disabling illness or injury. It provides monthly support to help pay such obligations as mortgages and credit cards.

Total permanent disability insurance insurance provides benefits when a person is permanently disabled and can no longer work in their profession, often taken as an adjunct to life insurance.
Errors and omissions insurance: See "Professional liability insurance" under "Liability insurance".

Expatriate insurance provides individuals and organizations operating outside of their home country with protection for automobiles, property, health, liability and business pursuits.

Financial loss insurance protects individuals and companies against various financial risks. For example, a business might purchase cover to protect it from loss of sales if a fire in a factory prevented it from carrying out its business for a time. Insurance might also cover the failure of a creditor to pay money it owes to the insured. This type of insurance is frequently referred to as "business interruption insurance." Fidelity bonds and surety bonds are included in this category, although these products provide a benefit to a third party (the "obligee") in the event the insured party (usually referred to as the "obligor") fails to perform its obligations under a contract with the obligee.
Fire insurance: See "Property insurance".
Hazard insurance: See "Property insurance".
Health insurance policies will often cover the cost of private medical treatments if the National Health Service in the UK (NHS) or other publicly-funded health programs do not pay for them. It will often result in quicker health care where better facilities are available.
Kidnap and ransom insurance

Liability insurance is a very broad superset that covers legal claims against the insured. Many types of insurance include an aspect of liability coverage. For example, a homeowner's insurance policy will normally include liability coverage which protects the insured in the event of a claim brought by someone who slips and falls on the property; automobile insurance also includes an aspect of liability insurance that indemnifies against the harm that a crashing car can cause to others' lives, health, or property. The protection offered by a liability insurance policy is twofold: a legal defense in the event of a lawsuit commenced against the policyholder and indemnification (payment on behalf of the insured) with respect to a settlement or court verdict. Liability policies typically cover only the negligence of the insured, and will not apply to results of willful or intentional acts by the insured.

Environmental liability insurance protects the insured from bodily injury, property damage and cleanup costs as a result of the dispersal, release or escape of pollutants.

Professional liability insurance, also called professional indemnity insurance, protects professional practitioners such as architects, lawyers, doctors, and accountants against potential negligence claims made by their patients/clients. Professional liability insurance may take on different names depending on the profession. For example, professional liability insurance in reference to the medical profession may be called malpractice insurance. Notaries public may take out errors and omissions insurance (E&O). Other potential E&O policyholders include, for example, real estate brokers, home inspectors, appraisers, and website developers.

Life insurance provides a monetary benefit to a decedent's family or other designated beneficiary, and may specifically provide for income to an insured person's family, burial, funeral and other final expenses. Life insurance policies often allow the option of having the proceeds paid to the beneficiary either in a lump sum cash payment or an annuity.
Annuities provide a stream of payments and are generally classified as insurance because they are issued by insurance companies and regulated as insurance and require the same kinds of actuarial and investment management expertise that life insurance requires. Annuities and pensions that pay a benefit for life are sometimes regarded as insurance against the possibility that a retiree will outlive his or her financial resources. In that sense, they are the complement of life insurance and, from an underwriting perspective, are the mirror image of life insurance.
Locked funds insurance is a little-known hybrid insurance policy jointly issued by governments and banks. It is used to protect public funds from tamper by unauthorized parties. In special cases, a government may authorize its use in protecting semi-private funds which are liable to tamper. The terms of this type of insurance are usually very strict. Therefore it is used only in extreme cases where maximum security of funds is required.

Marine insurance and marine cargo insurance cover the loss or damage of ships at sea or on inland waterways, and of the cargo that may be on them. When the owner of the cargo and the carrier are separate corporations, marine cargo insurance typically compensates the owner of cargo for losses sustained from fire, shipwreck, etc., but excludes losses that can be recovered from the carrier or the carrier's insurance. Many marine insurance underwriters will include "time element" coverage in such policies, which extends the indemnity to cover loss of profit and other business expenses attributable to the delay caused by a covered loss.

Mortgage insurance insures the lender against default by the borrower.

National Insurance is the UK's version of social insurance (which see below).

No-fault insurance is a type of insurance policy (typically automobile insurance) where insureds are indemnified by their own insurer regardless of fault in the incident.
Nuclear incident insurance covers damages resulting from an incident involving radioactive materials and is generally arranged at the national level.

Pet insurance insures pets against accidents and illnesses - some companies cover routine/wellness care and burial, as well.

Political risk insurance can be taken out by businesses with operations in countries in which there is a risk that revolution or other political conditions will result in a loss.

Pollution Insurance. A first-party coverage for contamination of insured property either by external or on-site sources. Coverage for liability to third parties arising from contamination of air, water, or land due to the sudden and accidental release of hazardous materials from the insured site. The policy usually covers the costs of cleanup and may include coverage for releases from underground storage tanks. Intentional acts are specifically excluded

Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes specialized forms of insurance such as fire insurance, flood insurance, earthquake insurance, home insurance, inland marine insurance or boiler insurance.

Protected Self-Insurance is an alternative risk financing mechanism in which an organisation retains the mathematically calculated cost of risk within the organisation and transfers the catastrophic risk with specific and aggregate limits to an Insurer so the maximum total cost of the program is known. A properly designed and underwritten Protected Self-Insurance Program reduces and stabilizes the cost of insurance and provides valuable risk management information.

Purchase insurance is aimed at providing protection on the products people purchase. Purchase insurance can cover individual purchase protection, warranties, guarantees, care plans and even mobile phone insurance. Such insurance is normally very limited in the scope of problems that are covered by the policy.

Retrospectively Rated Insurance is a method of establishing a premium on large commercial accounts. The final premium is based on the insured's actual loss experience during the policy term, sometimes subject to a minimum and maximum premium, with the final premium determined by a formula. Under this plan, the current year's premium is based partially (or wholly) on the current year's losses, although the premium adjustments may take months or years beyond the current year's expiration date. The rating formula is guaranteed in the insurance contract. Formula: retrospective premium = converted loss + basic premium × tax multiplier. Numerous variations of this formula have been developed and are in use.

Self Insurance is protection against loss by setting aside one's own money. This can be done on a mathematical basis by establishing a separate fund into which funds are deposited on a periodic basis. Through self insurance it is possible to protect against high-frequency low-severity losses. To do this through an insurance company would mean having to pay a premium that includes loadings for the company's general expenses, cost of putting the policy on the books, acquisition expenses, premium taxes, and contingencies.

Social insurance can be many things to many people in many countries. But a summary of its essence is that it is a collection of insurance coverages (including components of life insurance, disability income insurance, unemployment insurance, health insurance, and others), plus retirement savings, that mandates participation by all citizens. By forcing everyone in society to be a policyholder and pay premiums, it ensures that everyone can become a claimant when or if he/she needs to. Along the way this inevitably becomes related to other concepts such as the justice system and the welfare state. This is a large, complicated topic that engenders tremendous debate, which can be further studied in the following articles (and others):

Social welfare provision
Social security
Social safety net
National Insurance
Social Security (United States)
Social Security debate (United States)

Stop-loss insurance provides protection against catastrophic or unpredictable losses. It is purchased by organisations who do not want to assume 100% of the liability for losses arising from the plans. Under a stop-loss policy, the insurance company becomes liable for losses that exceed certain limits called deductibles.
Surety Bond insurance is a three party insurance guaranteeing the performance of the principal.
Terrorism insurance provides protection against any loss or damage caused by terrorist activities.

Title insurance provides a guarantee that title to real property is vested in the purchaser and/or mortgagee, free and clear of liens or encumbrances. It is usually issued in conjunction with a search of the public records performed at the time of a real estate transaction.

Travel insurance is an insurance cover taken by those who travel abroad, which covers certain losses such as medical expenses, lost of personal belongings, travel delay, personal liabilities, etc.

Insurance

2007-11-05T03:02:00.000-08:00

Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for a premium. Insurer, in economics, is the company that sells the insurance. Insurance rate is a factor used to determine the amount, called the premium, to be charged for a certain amount of insurance coverage. Risk management, the practice of appraising and controlling risk, has evolved as a discrete field of study and practice

Commercially insurable risks typically share seven common characteristics

A large number of homogeneous exposure units. The vast majority of insurance policies are provided for individual members of very large classes. Automobile insurance, for example, covered about 175 million automobiles in the United States in 2004.The existence of a large number of homogeneous exposure units allows insurers to benefit from the so-called “law of large numbers,” which in effect states that as the number of exposure units increases, the actual results are increasingly likely to become close to expected results. There are exceptions to this criterion. Lloyd's of London is famous for insuring the life or health of actors, actresses and sports figures. Satellite Launch insurance covers events that are infrequent. Large commercial property policies may insure exceptional properties for which there are no ‘homogeneous’ exposure units. Despite failing on this criterion, many exposures like these are generally considered to be insurable.

Definite Loss. The event that gives rise to the loss that is subject to insurance should, at least in principle, take place at a known time, in a known place, and from a known cause. The classic example is death of an insured on a life insurance policy. Fire, automobile accidents, and worker injuries may all easily meet this criterion. Other types of losses may only be definite in theory. Occupational disease, for instance, may involve prolonged exposure to injurious conditions where no specific time, place or cause is identifiable. Ideally, the time, place and cause of a loss should be clear enough that a reasonable person, with sufficient information, could objectively verify all three elements.

Accidental Loss. The event that constitutes the trigger of a claim should be fortuitous, or at least outside the control of the beneficiary of the insurance. The loss should be ‘pure,’ in the sense that it results from an event for which there is only the opportunity for cost. Events that contain speculative elements, such as ordinary business risks, are generally not considered insurable.

Large Loss. The size of the loss must be meaningful from the perspective of the insured. Insurance premiums need to cover both the expected cost of losses, plus the cost of issuing and administering the policy, adjusting losses, and supplying the capital needed to reasonably assure that the insurer will be able to pay claims. For small losses these latter costs may be several times the size of the expected cost of losses. There is little point in paying such costs unless the protection offered has real value to a buyer.

Affordable Premium. If the likelihood of an insured event is so high, or the cost of the event so large, that the resulting premium is large relative to the amount of protection offered, it is not likely that anyone will buy insurance, even if on offer. Further, as the accounting profession formally recognizes in financial accounting standards (See FAS 113 for example), the premium cannot be so large that there is not a reasonable chance of a significant loss to the insurer. If there is no such chance of loss, the transaction may have the form of insurance, but not the substance.

Calculable Loss. There are two elements that must be at least estimable, if not formally calculable: the probability of loss, and the attendant cost. Probability of loss is generally an empirical exercise, while cost has more to do with the ability of a reasonable person in possession of a copy of the insurance policy and a proof of loss associated with a claim presented under that policy to make a reasonably definite and objective evaluation of the amount of the loss recoverable as a result of the claim.

Limited risk of catastrophically large losses. The essential risk is often aggregation. If the same event can cause losses to numerous policyholders of the same insurer, the ability of that insurer to issue policies becomes constrained, not by factors surrounding the individual characteristics of a given policyholder, but by the factors surrounding the sum of all policyholders so exposed. Typically, insurers prefer to limit their exposure to a loss from a single event to some small portion of their capital base, on the order of 5 percent. Where the loss can be aggregated, or an individual policy could produce exceptionally large claims, the capital constraint will restrict an insurers appetite for additional policyholders. The classic example is earthquake insurance, where the ability of an underwriter to issue a new policy depends on the number and size of the policies that it has already underwritten. Wind insurance in hurricane zones, particularly along coast lines, is another example of this phenomenon. In extreme cases, the aggregation can affect the entire industry, since the combined capital of insurers and reinsurers can be small compared to the needs of potential policyholders in areas exposed to aggregation risk. In commercial fire insurance it is possible to find single properties whose total exposed value is well in excess of any individual insurer’s capital constraint. Such properties are generally shared among several insurers, or are insured by a single insurer who syndicates the risk into the reinsurance market

Attorney

2007-11-05T00:24:00.000-08:00

Whether you need an attorney for the first time in your life due to some pressing issues or are rather in a business that quite often relies on the knowledge, skill and expertise of an experienced attorney, it's important that you find representation that you are comfortable with. Legal issues are a major part of everyday life, and Attorney Find is here to make this aspect much easier by helping you get the legal advice and representation that you need.
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Simply provide us with the state you live in and the legal area that you need help with, and we'll help you find an attorney who practices in your geographical area and the specific area of law for your needs. Focus on your own priorities, whether they include taking your business to a whole new level, recovering from a personal injury, coming up with an invention, or doing something else, while an attorney takes care of all the legal details, procedures, deadlines and much other information.
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With 70 categories of attorneys, we can help you find the type of attorney that you are looking for, even if it's a lawyer for a more usual niche. Attorney Find offers listings for not only personal injury attorneys, criminal defense lawyers and estate lawyers but also niches like civil rights, securities arbitration, and aviation law. And Attorney Find has even broken all of these practice areas into separate categories to help make your search for an attorney that much easier.
Use our resources to educate yourself about the law in general and your specific legal issue. Or, if you're ready to get in touch with an attorney today, use the convenient drop-down menus at the top of the page to select the right area of law and your geographic location: we'll take you right to a directory of attorneys in your state who accept cases in that area of law

Structured settlement

2007-11-04T01:22:00.000-07:00

A structured settlement is a financial or insurance arrangement, including periodic payments, that a claimant accepts to resolve a personal injury tort claim or to compromise a statutory periodic payment obligation. Structured settlements were first utilized in Canada and the United States during the 1970s as an alternative to lump sum settlements. Structured settlements are now part of the statutory tort law of several common law countries including: Australia, Canada, England and the United States. Although some uniformity exists, each of these countries has its own definitions, rules and standards for structured settlement. Structured settlements may include income tax and spendthrift requirements as well as benefits. Structured settlement payments are sometimes called “periodic payments”. A structured settlement incorporated into a trial judgment is called a “periodic payment judgment”. The United States has enacted structured settlement laws and regulations at both the federal and state levels. Federal structured settlement laws include sections of the Federal Internal Revenue Code. State structured settlement laws include structured settlement protection statutes and periodic payment of judgment statutes. Medicaid and Medicare laws and regulations impact structured settlements. To preserve a claimant’s Medicare and Medicaid benefits, structured settlement payments may be incorporated into “Medicare Set Aside Arrangements” the “Special Needs Trusts”.
Injury victims should know that structured settlements are endorsed by many of the nation's largest disability rights organizations, including the American Association of People with Disabilities and the National Organization on Disability

Definitions
The United States definition of “structured settlement” for Federal income taxation purposes, found in Internal Revenue Code Section 5891(c)(1), is an "arrangement" that meets the following requirements:
A structured settlement must be established by:
A suit or agreement for periodic payment of damages excludable from gross income under Internal Revenue Code Section 104(a)(2); or
An agreement for the periodic payment of compensation under any workers’ compensation law excludable under Internal Revenue Code Section 104(a)(1); and
The periodic payments must be of the character described in subparagraphs (A) and (B) of Internal Revenue Code Section 130(c)(2) and must be payable by a person who:
Is a party to the suit or agreement or to a workers' compensation claim; or
By a person who has assumed the liability for such periodic payments under a Qualified Assignment in accordance with Internal Revenue Code Section 130.

Legal Structure
The typical structured settlement arises and is structured as follows: An injured party (the claimant) settles a tort suit with the defendant (or its insurance carrier) pursuant to a settlement agreement that provides that, in exchange for the claimant's securing the dismissal of the lawsuit, the defendant (or, more commonly, its insurer) agrees to make a series of periodic payments over time. The insurer, a property/casualty insurance company, thus finds itself with a long-term payment obligation to the claimant. To fund this obligation, the property/casualty insurer generally takes one of two typical approaches: It either purchases an annuity from a life insurance company (an arrangement called a "buy and hold" case) or it assigns (or, more properly, delegates) its periodic payment obligation to a third party which in turn purchases an annuity (which arrangement is called an "assigned case").
In an unassigned case, the property/casualty insurer retains the periodic payment obligation and funds it by purchasing an annuity from a life insurance company, thereby offsetting its obligation with a matching asset. The payment stream purchased under the annuity matches exactly, in timing and amounts, the periodic payments agreed to in the settlement agreement. The property/casualty company owns the annuity and names the claimant as the payee under the annuity, thereby directing the annuity issuer to send payments directly to the claimant. If any of the periodic payments are life-contingent (i.e., the obligation to make a payment is contingent on someone continuing to be alive), then the claimant (or whoever is determined to be the measuring life) is named as the annuitant or measuring life under the annuity.
In an assigned case, the property/casualty company does not wish to retain the long-term periodic payment obligation on its books. Accordingly, the property/casualty insurer transfers the obligation, through a legal device called a qualified assignment, to a third party. The third party, called an assignment company, will require the property/casualty company to pay it an amount sufficient to enable it to buy an annuity that will fund its newly accepted periodic payment obligation. If the claimant consents to the transfer of the periodic payment obligation (either in the settlement agreement or, failing that, in a special form of qualified assignment known as a qualified assignment and release), the defendant and/or its property/casualty company has no further liability to make the periodic payments. This method of substituting the obliger is desirable for property/casualty companies that do not want to retain the periodic payment obligation on their books. Typically, an assignment company is an affiliate of the life insurance company from which the annuity is purchased.
An assignment is said to be "qualified" if it satisfies the criteria set forth in Internal Revenue Code Section 130. Qualification of the assignment is important to assignment companies because without it the amount they receive to induce them to accept periodic payment obligations would be considered income for federal income tax purposes. If an assignment qualifies under Section 130, however, the amount received is excluded from the income of the assignment company. This provision of the tax code was enacted to encourage assigned cases; without it, assignment companies would owe federal income taxes but would typically have no source from which to make the payments.