RSS Feed

Archive for the ‘Legal Advice’ Category

Break-Ups And Doubts

Saturday, May 1st, 2010

Shall I break-up? Am I right? Or my thinking is wrong somewhere? What if I hurt my partner with the break-up? What if I cannot live normally after break-up? Shall I recover from it? Should I break-up? I am having doubts about the reasons. I am doubtful about the consequences. I am confused. What shall I do?

After life reaches a stage where living together becomes very painful, one begins thinking of break-up. But the doubts can be overwhelming sometimes. They can mar the judgment. They confuse the thinking. This makes life further trouble some. What is the way out?

The first step should be giving your mind little rest. A tense mind tends to lose the way. Relax and let go of these thoughts for few days. Involve yourself in other activities. Relaxing your mind will give you some peace and help you think well. After you begin feeling peaceful, begin writing down your reasons for breaking up. Dont miss anything. Write down all the reasons clearly and write explanations wherever needed. This will give you further insight into why you want to break-up.

Pluses and Minuses – write down both pluses and minuses of the break-up. Read them carefully and weigh them. If necessary, consult a close friend. After you become sure that you must break-up and that will be in your interest and in the interest of your partner, go ahead.

Tags: , , , , , , , , , , , ,
Posted in Legal Advice | No Comments »

Basic Ethics For Lawyer Advertising

Thursday, April 22nd, 2010

Lawyers have several sets of rules to consider when creating advertisements. The FTC regulates all advertising in every state; each state may have its own regulations governing advertising; and the attorney ethics rules of the state in which you are advertising will regulate lawyer advertising. A review of FTC rules can be seen at http://www.ftc.gov/bcp/guides/guides.htm. Most rules are just plain common sense and are meant to protect the public. Some state lawyer ethics rules go further. For instance, some rules are meant to protect the image of lawyers.

In the past, lawyer ethics rules have been more restrictive, however, they have been slowly eroded by both State and U.S. Supreme Court decisions. Because they have been losing ground, state regulating bodies have have become complacent. Consequently, lawyer advertising has continued to evolve and today there are many lawyers advertising without even thinking about ethics rules. It is at this point that the enforcement wave may return. Where the violation is minor, it is unlikely that any action will be taken, but when a lawyer advertisement contains a major ethical violation, authorities will have no choice but to attempt to exert their control. If they do nothing, there will be no need for rules. They may as well take their chances in court.

Ethics rules have been slow to keep up with changing times. I believe that some ethics rules, such as requiring that your local office address appear in the advertisement, may become unenforceable and should be eliminated. This rule may have originally intended that clients should have the means to find your office address if your telephone number changed or to determine if your office was geographically convenient for them. This rule no longer makes sense. Use of a toll-free telephone number ensures that your telephone number will never change even if you move your office. According to Nielsen/Net Ratings, in February 2004, 74.9% of households had Internet access. Telephone companies are now offering high-speed Internet access and electric utility companies are now able to offer high-speed Internet access simply by plugging into an electric socket. According to New American Library, computers are now outselling TVs. In a very short time, every home in the US will not only be able to have Internet access, but high-speed Internet access and can easily access a lawyer’s web site and determine the office address. Lawyer advertisements can include a web site address where a potential client can find the lawyer’s contact information. Requiring the lawyer’s office address in a TV commercial, effectively prevents smaller lawyers from joining group advertising where smaller budgets are combined to effectively compete against wealthier lawyers. There simply is not enough room in the TV commercial to list the address of every lawyer.

With regard to the public’s need to know if a law office is near them, this is the least important qualitative factor that a client should consider. Instead of looking for a lawyer who is a couple of blocks away, a potential client should look for other factors such as experience with the clients problem, personality, etc. Many times, clients and patients are willing to travel from the suburbs to the city to find a lawyer or doctor because of the perception that professionals in the city are more competent. Additionally, upon making a call, the caller can simply ask for the address of the office.

For your states ethics rules, see ABA Links to State Ethics Rules Governing Lawyer Advertising, Solicitation and Marketing at http://www.abanet.org/legalservices/clientdevelopment/adrules.html#. For a list of resources and articles on ethics and lawyer advertising, see http://www.hurt911.org/lawyer-advertising/lawyer-advertising-tips-articles.html

Below is a short list of what I believe are some of the most important ethics rules to consider when creating attorney advertising:

1) Referrals: If you pay money to anyone and a client is referred to you, you are probably obtaining an illegal referral, unless the referral is from a Bar Association. Advertising involves a risk. The risk is that you may pay for advertising and may not sign up any clients. If you are offered a guarantee that you will sign up enough cases to cover the cost of advertising, this guarantee turns your advertising campaign into an illegal referral system. If you are considering working with an advertising agency that offers a guarantee, have an ethics lawyer review the guarantee before you work with that agency. If you work with an advertiser or an agency, make sure you are actually paying for advertising and not for the cases. Beware of advertising schemes where “someone” offers to send you clients which have been obtained without advertising and offers to bill you on their “advertising agency” bill head for advertising services or consulting services. Several lawyers and doctors, I have spoken to, mistakenly believed that if they have a bill for advertising, its legal. These schemes are clearly illegal in addition to violating ethics and can result in an arrest and conviction. Know who youre doing business with and live by a simple rule: If youre trying to make something look like something else, its probably illegal.

In some states, such as New York, if telephone calls are answered in a central office, no person can decide which calls go to which lawyers. For instance, if the agency or call center receives telephone calls from callers requesting different services such as bankruptcy, criminal, divorce, and personal injury, a referral may made when the operator decides which lawyer to send the call to. Even if all calls request personal injury services and an operator is able to decide whether to give the call to lawyer “A” or lawyer “B”, a referral would be made.

2) Disparaging Other Lawyers: Advertising which includes a remark disparaging other lawyers is probably one of the quickest ways to get into trouble. Not only is it unethical in most states, but lawyers who view your disparaging advertising will likely report you.

3) Misleading Advertising Claims: Claims should be carefully examined to avoid being misleading. Claims implying that your law firm can get more money or that your law firm is powerful are misleading. Even a claim that you are a big-city lawyer, while it could be true, can be considered misleading as an implication of power or competency due to your location. In states, such as New York, where the lawyer is required to charge the client for expenses, stating that there is no fee unless you win will not only violate ethics but subject you to a lawsuit.

4) Claiming to be an Expert: Most states prohibit lawyers from stating in their advertising that they are an expert or that they specialize in a particular practice area, unless the lawyer is board certified. Where the lawyer is not certified, some states, like Texas, require that the lawyer state that he or she is not certified (this rule should also be eliminated).

5) Vanity Telephone Numbers and Web Site Domain Names: Some vanity telephone numbers and web site domain names can violate legal ethics. Make sure that your vanity telephone number or web site name avoids use of certain words which could potentially create an incorrect expectation in the mind of the consumer or violate one of the other ethics rules. Both vanity telephone numbers and web site domain names should not imply that you are better than another lawyer, that you can accomplish something for the audience that may not actually occur or that you are an expert.

Use of words such as “BEST”, “TOP”, “FOREMOST, “LEADING”, “WIN” and similar words in a vanity telephone number or web site domain name would likely create a misleading expectation in the mind of the consumer and will violate ethics rules in most states. The question is by whos standards are you the best or leading and in what? 1-800-WIN-XXXX may be good for a casino, but when used for personal injury will imply that the person who becomes a client of the firm will win money when, in fact, that may not happen and even if it does, its an award for just compensation, not a “winning”. Laura Hodes in her article for the ABA Journal entitled Vanity Phone Numbers Make Your Firm Less Forgettable, quoted Will Hornsby, an expert on lawyer advertising and staff counsel in the ABA Division for Legal Services, who said that while there is nothing unethical about vanity numbers, “1-800-I-WIN-CASES would be unethical because it is making an unsubstantiated claim, creating unjustified expectations that can be true but still be misleading.”

6) Trade Names: Most states do not allow lawyers to use trade names. While a 1-800 vanity phone number can be branded in advertising so people remember how to call you, it should not become your trade name.

7) Verdict Results: If you advertise previous settlements or verdict results, most states will require a disclaimer that prior results are not predictive of future outcomes. Claims must be true and you should be able to prove it.
8) Use of Actors in the Commercial: Some states prohibit lawyers from using an actor in the commercial to portray a lawyer and have strict regulations regarding the use of testimonials, and the portrayal of clients.

9) Dramatic Accident Re-creation: Some states prohibit use of dramatic accident recreations in the commercials.

10) Jingles: Some states prohibit use of jingles in commercials.

11) Office Address: Most states require that your main office address appear in your advertising.

12) Copy of Advertisement: Some states require lawyers to keep a copy of the advertisement for certain period of time. Some states require lawyers to submit a copy of their advertisements for prior approval.

Tags: , , , , , , , , , , , , , , , , , , ,
Posted in Legal Advice | No Comments »

Bankruptcy Lawyer: Your Final Solution When Running Out Of Options

Sunday, April 18th, 2010

Bankruptcy Lawyer: Your Final Solution When Running Out Of Options

Before rushing to a lawyer to assist you in filing for bankruptcy, you have to make sure what is bankruptcy and what is not. Only then will you have to find a bankruptcy lawyer that you can work with in filing your case. Many people rush to file for bankruptcy thinking that it will solve their financial problems. The opposite is often true.

Declaring your business to be legally bankrupt, only mean that you have done everything you could and there is no way for recovery. It means being deep in debt that it will already be impossible for you to sustain the business.

There are kinds and variations to bankruptcy and the legal process will depend very much on where you are coming from but the purpose is the same. Bankruptcy cases will take years to resolve. The court will determine what debts do not have to be repaid and what will be directly deducted from your income.

In the interim, credit lines will be closed to you. Your credit history will be tainted and no credit institution will want to do business with you. Back taxes that you owe will still have to be paid and obligations will still be enforced like alimony and child support.

When there is no resolution that is possible, finding a good bankruptcy lawyer will then be the only recourse.

A good bankruptcy lawyer should be someone you can be comfortable talking with. Someone you can trust and someone who has displayed competence in handling bankruptcy. This is very important as communication between you and the lawyer must be based on trust. There have been so many instances when the client holds back on information that he thinks is not so significant only to learn later on that the piece of information that was withheld posed additional complication to the case. Withholding information from your bankruptcy lawyer pose problems where non existed before. Bankruptcy lawyers can only help the client to the extent of the knowledge that the lawyer has. It is crucial then that the client works with the lawyer. This is in the first place the clients future that is at stake.

Do not hesitate to interview the lawyer prior to retaining him. Ask the lawyer questions and a good lawyer must answer you in a language that you can understand. If you dont, do not be afraid to clarify statements that could be ambiguous to you. Find out a bankruptcy lawyer that already has an extensive experience in handling bankruptcy cases. Whenever possible find a bankruptcy lawyer who is a specialist. Avoid the generalist, as they may not be able to help you as much.

If you feel uncomfortable talking with a particular bankruptcy lawyer, find another one. You can visit the local bar association to find out their recommendation.

When you visit your bankruptcy lawyer, bring a list of all the creditors that you owe, including payments to personal loans that you are not left behind and a list of all your assets and liabilities. The more information you provide the bankruptcy lawyer, the better and more accurate the recommendations he will give you. Remember that lawyers can only work as good as the information that you provide.

Cooperate well in giving your lawyer the data regarding your case because you are in the best position to give those to him. You also will be the person that will either suffer or benefit from the outcome.

Tags: , , , , , , , , , , , , , , , , , , ,
Posted in Legal Advice | No Comments »

Bankruptcy Law: Some Important Facts

Monday, April 12th, 2010

As applying for loans, credit cards and other forms of credit are easier to come by, so are the bankruptcy rates in the United States. In a ten year period, between 1994 and 2004, bankruptcy rates in the United States nearly doubled. The governments reaction was to take a closer look at reasons parties were filing for bankruptcy, new laws were instated to ensure that individuals and businesses had valid reasons for applying for bankruptcy.

One of the primary laws regarding bankruptcy that was passed in the United States in 2004 is the Bankruptcy Abuse Prevention and Consumer Protection Act. This law just went into effect in October 2005, but has already caused quite a stir in the financial and bankruptcy law arenas. Besides making it more difficult to qualify for Chapter 7 bankruptcy, or complete bankruptcy, the law imposes stricter rules and budgets on Chapter 13 debtors.

A major change the law makes throughout the United States is the need for debtors to have filed tax returns for four years in a row before qualifying for bankruptcy. As well, dischargeable debts, or those debts where personal liability is taken away by the court system, is more difficult to come by. The Act requires that debtors prove good reason for dischargeable debt and is even requiring more debtors to take responsibility with non-dischargeable debt budgets.

As far as the two major types of bankruptcy laws are concerned, Chapter 13 bankruptcy is that which allows the debtor to keep some assets upon proving only limited debt and a steady income. This bankruptcy is excellent for those debtors who have gotten themselves into major financial difficulty but still have means of paying for some assets. The court will set up a repayment schedule and budget that allows for full repayment of mortgages or cars within three to five years.

If repayment is simply not an option, the bankruptcy law requires that a debtor will file for Chapter 7 bankruptcy. This is often referred to as complete liquidation of assets, except for exempt items. Exempt items in a bankruptcy hearing are determined by the court and are usually items that are a necessity, such as a car or work related items. As well, the courts will distribute debts into two categories: non-dischargeable and dischargeable debt.

Non-dischargeable debts also fall into two categories: non-dischargeable due to wrongful conduct on the debtor and non-dischargeable due to public policy. Wrongful misconduct by the debtor could mean theft or laundering money while public policy could include child support payment or court related judgments.

Keep in mind that in either type of bankruptcy, an individual is almost always required to still pay for taxes, student loans, alimony, child support or court related fees. This is the place where many bankrupt parties are misled in the Chapter 7 bankruptcy, as it is often referred to as “a fresh start”. While the court can set up payment plans to help the debtor repay public policy debts, even Chapter 7 debtors will still be required to make payments.

Another major point regarding bankruptcy law is that a bankruptcy will stay on a credit report for approximately ten years. This will make it extremely difficult to become eligible for any type of credit, even a credit card, but especially for a car loan or a house mortgage. While some creditors will still offer limited credit to bankrupt individuals, the interest rates and finance charges are usually through the roof. This makes it even more difficult for debtors to get back on their feet.

Last but not least, keep in mind that bankruptcy law will require any co-signers to be responsible for debt payments. If mom or dad signed for a car loan when you were young and you still owe on that car, they are liable for payments. These friends or family members who were once doing you a favor may be brought into the bankruptcy law court proceedings, which can put a strain on friendships and family relations.

For specific bankruptcy law questions it is best to contact a bankruptcy attorney or legal aide in your county or state. Bankruptcy laws and proceedings may vary slightly from state to state, so be sure to make contacts in the state where you plan to file for bankruptcy.

Tags: , , , , , , , , , , , , , , , , , , ,
Posted in Legal Advice | No Comments »

Bailiffs & Council Tax – Know Your Legal Rights

Sunday, April 4th, 2010

Many of us do not know how bailiffs work to collect arrears. Basically, bailiffs are private personnel hired by the local council to handle Council Tax and Poll Tax. Anything that they get from you is auctioned as a way of paying your existing debt. This process of taking your goods, selling them, and paying your debt is called “distraining” or “levying”.

Since October of 1998, the County Court ruled that bailiffs must carry a certificate with them as a proof that they have been hired by the local council. Any complain about a bailiff not following this order can be brought to the attention of the court immediately.

Since April of the same year, a process involving bailiffs and debts has also been at work. This process states that you, as a debtor, must get a letter from the Council which contains the details of your credits. The same notice would bear the warning that if ever you fail to pay your financial obligation within 14 days, bailiffs will be sent to your aid. You may contact a member of the local council within the period for your concerns. You can also make suggestions to the council about the most convenient payment scheme that you can afford. If the council approve of your suggestion, they will ask the bailiffs to stop calling you and save you extra fees in the long run.

DO I HAVE TO LET THE BAILIFFS IN?

One thing that you must know about bailiffs is that you do not have the responsibility to take them in whenever they come. In fact, you can choose not to let them inside your home. If the bailiffs have never been into your home, they have no right to come in at anytime of the day. It is also unlawful for them to break in.

As a form of precaution, avoid the following scenarios:

- Do not open your doors to the bailiffs. Once you entertain them, they will have the power to push past you. If they get inside, they will have the right to enter again and take more of your goods.
- Do not leave your doors and windows unlocked because bailiffs can easily take advantage of any kind of opening. As they cannot ask the police to help them break in, your carelessness is their only ticket.
- Do not fall to any kind of trap. Bailiffs can make several bluffs like asking to use the toilet or the telephone just so they can lure you towards letting them in.
- Do not leave your valuables lying around. Bailiffs can easily take away anything valuable that they lay their eyes and hands on. Make sure that your cars are always shielded from view.
- Do not make transactions inside your home. If you have a certain amount to pay the bailiffs out for your debt, do so but make sure that you transact outside. Do not forget to take a receipt as well.
- Do not sign anything that the bailiffs ask you to. The bailiffs do not have the right to make you sign any sort of document, whether it was left posted in your door or handed out to you personally.

THE BAILIFFS HAVE ALREADY BEEN INSIDE MY HOME

If you allowed the bailiffs go inside your home at once, you are in for a more serious situation. Once bailiffs are let inside, they will have the right to come back again. If you choose not to let them in the second time, they will have the right to break in. What you can do to repair this problem is to get in touch with your local council immediately or make the necessary arrangements with the bailiffs. You can ask your local councilor for help or you can devise a specific payment scheme that you can afford and present it to the bailiffs. If they agree on your terms, you can prevent them from coming back and take any more of your things. Also make sure that you take a receipt of your every payment to be on the safe side.

WHAT THINGS ARE THE BAILIFFS ALLOWED TO TAKE?

Most of your valuables can be legally taken by the bailiffs except for the following:
- Anything that was rented or hired.
- Items or equipments that are necessary for your personal and professional use.
- Your basic daily needs such as clothing, bedding, and furniture.

You will notice that exemptions are not really item specific. The bailiffs may have different interpretation of which items they can take legally or not. If you feel that what they have taken away should have been exempted, you can file an appropriate complaint in your local council.

CAN THE BAILIFFS TAKE THINGS WHICH ARE NOT MINE?

It has been clearly established by the law that the bailiffs can only take what are legally yours. This include items that you co-own with your partner. If the bailiffs attempt to take anything that you do not own, politely tell them about the item’s ownership by showing receipts or proofs of purchase that will indeed tell them that it is not yours. Also, the owner of the goods can make a sworn statement or a statutory declaration about the real ownership of the items.

Other things that bailiffs cannot take are the ones that are rented or hired. Make sure that you keep a copy of your agreement with the real owner so the bailiffs will not take them away.

WHAT IF I HIDE THINGS OR GIVE THEM AWAY?

It is legal to hide your valuables if the bailiffs have never been inside your home. Once they step in, however, they will list all the items they intend to take. If you try to hide any of those things elsewhere other than your home, you will be committing an offence that is punishable by the law. If you are able to keep the items discreetly out of sight, the bailiffs can rightfully search for them on visits.

BAILIFFS PROCEDURES

The good news is that bailiffs cannot break inside your home just like that. They are also covered by certain laws and procedures that they must adhere to including the following:
- Bailiffs must bring with them a written authorization or a certificate from the local council.
- Bailiffs must hand you a copy of the “Enforcement Regulations” which contain information on what they are only allowed to do.
- Bailiffs must also bring with them a statement of charges that they can take with each visit. They should never make additions to blow up your debts.
- Bailiffs must also bring with them a “Walking Possession” agreement duly signed by you. This agreement contains the list of items that they have warned to take right from their first visit.

HOW DO I STOP THE BAILIFFS?

The most effective measure to stop the bailiffs from taking away your things is to make an arrangement on how you can pay your debt. Devising an effective installment plan will be beneficial for you especially if the bailiffs have never been into your home. Offer only what you can afford to pay to prevent any form of misunderstanding to take place.

The bailiffs cannot send you to prison. If they fail to break into your home, their most appropriate action is to pass your debt back to the council. If this happens, it would be much easier to settle the problem. You better take this as a priority debt because if you do not act on it immediately, the council will find another way to recover the money. They can file an Attachment of Earnings Order, which will take out money from your earnings or other form of order that will summon you to pay your financial obligations dutifully.

In some instances, the council may agree to exempt your case from bringing it to the bailiffs’ attention. The council allow direct payment schemes for those who are on Income Support, Pension Credit, and Job Seekers’ Allowance. Better yet, ask the council whether they can take back your case from the bailiffs so you can deal with them directly. Your local councilor can help you make the deal with the council. Explain your reasons and whatever difficulty it will bring you in case the bailiffs break into your home and take your things to stand a chance for a consideration.

HOW DO I COMPLAIN?

There are Enforcement Regulations that the bailiffs must adhere to. However, the National Standards for Enforcement Agents issued by the Lord Chancellors Department is quite tricky. Although it provides specific guidelines on bailiffs’ behavior in carrying out their duties, mentioning these standards in your complaint may be or may not be beneficial to you. You can look out for the standards yourself through the Department for Constitutional Affairs website

(www.dca.gov.uk/enforcement/agents02.htm).

The law concerning the bailiffs is complex but you can start learning it through by reading the law yourself and trying to understand every bit of technicalities in it. Your personal effort, however, may not be sufficient. If you can, it would be best to get a legal advice on what you can do against what you feel is unlawful action of the bailiffs.

Since October 1998, the bailiffs need to act with a certificate at hand. This certificate to collect Council Tax must be granted by the court. Filing a complaint against the bailiffs can have their certificate withdrawn and their right to enter your house forfeited. To file a complaint, you can write a formal letter to the Court Manager so he can administer a hearing. Once the court find substance in your complaint, it can rule out to cancel the bailiffs’ certificate, order compensation as well as return of the surrendered goods. Some cases acted favorably to the complainants where their debts have been written off due to the bailiffs’ illegal acts. This is one of the reasons why you should not take your complaint sitting down. Once you discover an irregularity, you must rush to the Magistrates Court to file a complaint.

The bailiffs report directly to the council and it would be ideal to bring your case there. Once it receives your complaint, it must order the bailiffs to change their procedures. If this do not work, you can call the attention of your local councilor or your local government Ombudsman to look through your case.

BAILIFFS CHARGES

If the bailiffs are asking for excessive charges, you can use it as a case for complaint. You can make a written notice to the council telling them that what has been taken from you may be way too much. You can also seek advice from the County Court regarding the appropriate fines the bailiffs can charge you.

Your common sense and your knowledge on local processes can also be useful in determining what amount of fine is reasonable and what is not. If, for example, the bailiffs charged you 80 for attendance with a van and hiring a van costs only 40, you are obviously charged unfairly. When such circumstance takes place, you can instantly call the attention of the bailiffs. Warn them that you will take further action for your complaint to be recognized if they refuse to follow the regulated schedule.

Submit a written complaint to the council so they know how the bailiffs are illegally carrying out their duties. Other than that, you can also apply for a “Taxation” in the County Court. This kind of application will ask the court to look through your complaint within 12 months after which they should submit a decision whether the bailiffs charges have been excessive or not. If the court decides against you, you will be held liable for the bailiffs’ firm’s court costs. That’s why you must be careful in taking such action. Please remember, however, that making complaints is worth your every effort especially when you are loaded with evidences that will prove that the bailiffs stepped out of the line.

USEFUL LINKS

The Secretary
Association of Civil Enforcement Agencies
Kensington House
33 Imperial Square
Cheltenam
Glos
Tel: 01242 241456
Website: www.acea.org.uk

The Secretary
Enforcement Services Association (ENSAS) (formally The Certificated Bailiffs Association)
Ridgefield House
14 John Dalton Street
Manchester
M2 6JR
Tel: 0161 839 7225
Website: www.bailiffs.org.uk

Local Government Ombudsman (England)
Millbank Tower
Millbank
London SW1P 4QP
Advice Line: 0845 602 1983
Monday to Friday, 9.00 am – 4.30 pm
Website: www.lgo.org.uk
Note: There are a total of three local government Ombudsman offices for England. You may check whom to send a complaint by calling the Advice Line.

Local Government Ombudsman (Wales)
Derwen House Court Road Bridgend
CF31 1BN
Tel: 01656 661 325
Website: www.ombudsman-wales.org

Tags: , , , , , , , , , , , , , , , , ,
Posted in Legal Advice | No Comments »

  • Search!

    Find what you need!

    For Best Law :: Entries (RSS) :: Comments (RSS)2.9.2