May 23, 2013

A Predetermined Finish – 5 Ways To Assess The Legal Aid And Secure A Good Deal

One of the best ways to guarantee victory in any situation is to be aligned and well positioned with the winning team. People always want to ensure that they emerge at the top of their league. When it comes to business deals and corporate affairs, there is more at stake and this is often why people will seek to have professionals on board helping them secure a win. Many times, the law will be one feature that comes into play and can be handled by experts who exhibit crucial traits:

1. They are advocates

It is no coincidence that this characteristic is sometimes used to stand for those who practice law. Being an advocate will speak of their ability to stand up for the rights of their client. They are willing to go beyond the preferred boundaries and safe zones as it were, and ensure that their clients get a fair hearing. They are straightforward and clear with their client and opposing team at the same time.

2. They are articulate

In this case, it is expected of a legal aid to be able to clearly and precisely convey the client’s views. This will touch on several areas including, diction, overall presentation, speech, and even confidence when airing their views. In addition, they need to easily be able to switch past the legal terminologies to the more common layman terms as they seek to keep their client’s abreast with all that is going on.

3. They have sober minded

The last thing that a legal aid needs to be is biased. In as much as they are to represent their clients and ensure them a victorious win, they are also to act as legal advisers who help the client choose the best course of action to take. Any signs of impracticality or an overly theoretical approach should raise concerns.

4. They are accessible

Unfortunately, some good legal representatives have not only earned themselves the reputation of being the best, but also of being the most difficult to find. A good aid will ensure that they are available to the client, able to attend to their every query and offer them the support they need. They should prioritize their client’s case and ensure it is handled to the very end.

5. They are proactive

A go-getter mentality is perfect in this profession and cannot be found lacking in any way. A good business lawyer will seek to go the extra mile and initiate contact as is necessary during the proceedings of the case. It is not easy to assess all these qualities at a go, but it does go to show that the process of securing legal aid needs to be handled with a factual approach. Ensure that as much information about the business attorney‘s experience and reputation is known before requesting their services.

How to Transfer Property Interests with a Quitclaim Deed

In limited circumstances it may be possible safely transfer property deed without both parties involved in the transfer having full legal representation from conveyancing specialistsIn some instances a relatively simple process of filing a quitclaim deed will work to affect the transfer adequately for a desired purpose. Situations to consider this are –

  • Transfer property to a family member
  • Add a family member to the title of the property
  • Gift transactions or transferred to another entity owned fully by grantor

A quitclaim deed is a deed that transfers all rights in a property held by the Grantor and transfers those rights to the Grantee, or recipient of the deed.  The Grantor may or may not have ever been listed as a legal owner of the property being transferred and more importantly if you are the Grantee the Grantor does not make any warranty as to the quality of their interest in the property nor even  warranty that the property is theirs to transfer at all. Any other liens, encumbrances, or claims to the property are not affected at all. Basically the Grantor is saying “Any interests I own in this property, if there are any at all, are now yours.”

This is sometimes reasonable if it is being given as a gift to a family member as the person receiving the quitclaim deed has reason to trust that the property does belong to the Grantor to give it to them and has made no financial outlay for that deed, another words – they did buy an interest it was given to them.

To add a family member, a new spouse as an example, the process is similar – but the Grantor “Mr Jones” is also the Grantee “Mr Jones & Mrs Jones”.  This is a very easy way to add a person to a deed in cases of marriage.

Gift transactions, such as to charities, are often done as a fast transfer method that relieves the person giving the gift of the time and expense  of filing for a fully warrantied deed, leaving it to the Grantee to assume that burden.

On some occasions you may be asked to sign a quitclaim deed as a Grantor. Just as it is used to add a name after marriage it is common for it to be used to remove a name in a divorce settlement. In addition many times a person purchasing the property from Mr Jones may ask Mrs Jones to sign a quitclaim deed even if it is known that she was not on the deed to begin with as assurance that no issue can come up in the future years regarding joint property rights of spouses.

The common factor in all of these cases is that it is an easy way for the Grantor to transfer their interest in a property but give no assurances or warranty to the Grantee that they have received anything at all or of the value or amount of that interest received. To transfer the legal title of a property it is typically best to get solid legal counsel regardless.  Equally, at some point if the Grantee wishes to sell the property they will likely be required to perform a full warrantied title search prior to any potential purchaser accepting title with a history of quitclaim deed.  This is why, even though the process is not particularly difficult in most states and counties, it is still often best to consider full transfer at the outset if time is not a huge concern.

 

How to Contest a Will

 

Though contesting a will is probably the last thing you want to be doing at a difficult time like this, sometimes it is a necessary step that you must take. If you have a large or extended family, then the loss of a loved one can be a tense, fractious and challenging time, especially if you feel you have been left out or unfairly treated in their will.

Reasons Why you Might Contest a Will

There are several reasons why you might contest a will, including:

  • You feel the will is not valid, for reasons such as that it wasn’t written down, or the testator lacked the mental capacity to understand that they were making a will
  • You have not been adequately provided for
  • Property has been promised to you, in exchange for services (such as maintenance), but this has not been reflected in the will
  • You believe the will has not been drafted with the deceased wishes in mind
  • A trustee was put in place, but you don’t believe they are acting the best interests of the beneficiaries.

Who Has the Right to Contest a Will? 

Only people who have an active interest in it. Those who are going to benefit from the existing will, or will be interested in the estate after the will has been invalidated, has the right to contest it.

Does it Matter When the Will is Contested?

Yes. As soon as you realise that you’re unhappy with the will, you must act. Whether that is just seeking advice, or full on court action, the sooner you act the better. The contents of the will may be distributed and assets dissipated if you do not act quickly enough.

What Evidence Do You Need?

Ideally someone who has no vested interest in the contestation of the will, as your suspicions alone will not be independent enough. A professional, such as a doctor or nurse (particularly if it comes to the capacity of the deceased to make the will) will give the best and strongest evidence.

Forgery and coercion are particularly hard to prove. Because the testator is not there to give evidence, there is usually no concrete evidence and is mainly based around suspicion. For a forgery, an expert is usually brought in to analyse the signature on the will.

The Costs

Contesting a will can be costly, with fees varying from under £10,000 to over £25,000. So it goes without saying that you should think very carefully before beginning any action. If you lose, you may also have to pay the winning side’s court costs in addition to your own. However, most lawyers or solicitors will offer a free will claim assessment beforehand so you can gauge whether the claim is worth it.

Seek Legal Advice

The first thing you must do is to seek the advice of a lawyer or solicitor, who will investigate the claim. Be sure to choose the right lawyer. You will need to provide all the information you can, including the date of death, date of will and any information about the creation of the will and the condition of the will-maker at the time.

 

Is Wiretapping Someday Going to be an Issue in Criminal Defense?

Many Americans have grown tired of hearing about the NSA, and the wiretapping of American citizens that was put into place after September 11. Most of us simply feel that the government has no reason to listen to our conversations so why should we worry. Others however, feel that this could be just the beginning of something that could quickly grow out of control.

Most Americans know that the government, nor any of its entities, can search a house without a warrant from a judge. This is a fundamental right provided be our constitution. A defense attorney would have a hay day if evidence on their client was discovered in an illegal search. Unfortunately however, our founding fathers did not foresee the communication technology that would be available to the citizens of this day and age.

After 9/11 the government began wiretapping many people within US borders without warrants. The NSA’s claim is that this is legal, when our national security is at stake. This leaves people wondering who exactly they are listening to. They can target individual Americans, groups, geographic regions, etc.

So what if the NSA, in its wiretapping activities came across other crimes being committed, such as felony, misdemeanor etc. Are they duty bound to report this to the civil authorities, are these civil authorities than duty bound to prosecute? Can the criminal defense lawyer then use this “illegal search” in their defense and get the evidence thrown out?

Currently the answer is yes. If evidence is obtained without a warrant, whether it is a physical search, or an electronic search it is not evidence that can hold up in a criminal court.

Are we as Americans going to slowly become accustomed to having “big brother” look over our shoulder? This is the fear that many have. This is why the Supreme Courts decision this week is a big one. They will rule on whether or not the NSA has the right to continue listening to anyone that they feel is a threat to the national security without a warrant. The big question? Where do you draw the line between protecting a nation from other nations, and protecting a nation from itself?

What Can Happen If You’re Caught Driving Without A License?

There are a couple of reasons as to why a person may be driving without a license. Those who are in a hurry can sometimes forget their wallets. You may have lost the license you have and are still waiting for a new one. In cases like this, driving is very tempting in the hopes that being safe will prevent you from being pulled over by the authorities. When it comes to your future, however, this chance can be dangerous.

Every state will have its own laws regarding driving. In some, you may just have to pay a very small fine. In other states, however, first offenses can get you jail time. The general information presented here about driving with no license will therefore be helpful. You should always speak with the right lawyer in the area if you want the specifics.

Common Situations For Driving Without a License

There are a few situations in which the police can charge you for having no license. The first, obviously, is not having any license in the first place. A lot of kids sometimes try to sneak their parent’s cars around for joy rides and do not realize the charges they receive can be detrimental to their chances of actually attaining a license later on.

Your license could also have expired. If this has happened recently, you may only get a warning or a very small penalty. If it has been a long time, however, then the penalties may be a lot higher. Make sure that you keep the date in mind and try not to put off renewal.

Long-term residents may not be registered in the state that they live in. This is not always the case for every state. Certain things can disqualify a person from getting a state-issued license, such as being an illegal immigrant or committing a certain felony.

Penalties of Driving Without a License

These penalties can vary considerably depending on the state and the kind offense. Below are just a few penalties for one state.

First offense penalties can involve spending at least ninety days in jail, a fine of $150-200 and having your license suspended for the period of one year. The next offense will have even harsher penalties. You could end up spending a year in prison or pay $600 with your license suspended for about two years.

The Type of Legal License You Need

A lot of states will not require the driver to have a license that is issued by the state in which they live. A lot of them do not mind license that come from others, just as long as they are valid and have not expired. If you have been living in a particular state for a certain period of time, it may be best to get a license from that state. If it becomes an issue later, you will be covered.

You are not legally licensed for all motor vehicles. If the police pull you over when driving a motorcycle and you only have a car license, then you can be arrested. The same can also be said for driving tractor-semi trailers and tractor trailers.

Matt blogs on behalf of Laird Hammons Laird and other law firms in the Oklahoma City area. Matt covers law topics and reviews Oklahoma City attorneys in order to help the Oklahoma City community find the right attorney for them.

Start a Business by Hiring a Business Attorney in Salt Lake City

Whether you own your own business or are considering starting a new business, you may need to hire a business attorney Salt Lake City. A business attorney Salt Lake City can help you with any types of business issues, questions or problems. They can offer guidance and legal advice about your current business or a new business that you are considering. Starting and running a business is the dream of many people. If you have always dreamed of running your own company,  plan for an attorney consultation and seek advice from a business attorney Salt Lake City before you begin. By doing this, you will receive expert advice about business. The attorney will be able to help you choose a business structure and help you set up the company. If you currently run a business, seek help from a business attorney Salt Lake City for any business-related questions or concerns. Business attorneys specialize in business law.

This type of law can be complicated because it contains a lot of different types of information and details. One of the first steps in starting a business is having the idea. If you have a great idea for a business and have conducted the research to determine if the idea is feasible, contact a business attorney. When you do, you will meet with the attorney for guidance on the start-up of the business. The first thing you will need to decide is what type of business structure is right for you. There are many different types of business structures. Some of the types are very simple and basic, while others are a bit more detailed and complicated. A business attorney is knowledgeable in all of these types. He can explain the differences of each, which can help you decide which one is right for you. When you meet with the business attorney, he will carefully listen to your business ideas. Just by listening to your ideas, he will have recommendations for you. Some of the business structures available are proprietorships, partnerships, S-Corporations, C-Corporations and LLCs. The most basic and simple one of all is a proprietorship. This is a type of business ideal for a small company with one owner. There cannot be more than one owner with this type and it is only good for very small businesses.

A partnership is the next step up. It operates the same as a proprietorship, but it has two or more owners. A C-Corporation is considered a separate entity. These are often used for very large businesses that will have multiple owners. Many C-Corporations are considered public companies. This means that they will sell shares of stock to raise money. All of the owners of the stock are considered owners of the company. One of the most popular types of business structures is an LLC. This stands for limited liability company. It combines aspects of a partnership and a corporation. It offers tax benefits to the owners of the company, but it also offers protection against an owner’s personal assets. An S-Corporation is another form of partnership. It may also offer benefits. People often choose S-Corporations because they offer tax advantages over traditional C-Corporations.

If you are interested in learning more about the various types of business structures, contact a business attorney Salt Lake City. This attorney will be able to guide you in making the best decision for the business you are starting. In addition to this, the attorney will complete the entire process required to start the business. This will ensure that all of the paperwork is handled correctly and will allow you to concentrate on running the business instead of being distracted by legal issues.

When The Time Comes, How To Get A Trademark

The best way to protect a business venture with unique innovations is to get a trademark. The process may sound simple but the technicalities confuse a lot. Even some of the best businessmen do not know how to get a trademark. With a little help, you can successfully get one.

Do You Really Need a Trademark?

A registered trademark is not necessary to operate a business. What it gives your business is extremely valuable. It stands as a notice to the world that you own the innovation and that anyone who copies it will face sanctions. This is a really great investment for those who have invented something. It also lets you use the registered trademark symbol and get protection from the United States Patent and Trademark Office. Another benefit that is not very obvious is that your business gets more credibility when it has registered trademarks.

The Process

When you want to register a trademark, the first thing you have to do is to check that there are no pending applications or already existing trademarks similar to it. You can do this by checking with the Trademark Electronic Search System of the USPTO. If the search results are negative for similar trademarks, you can now file an application. It is highly recommended that you file your application electronically or online. Those who prefer to send in paper applications may also do so but these take longer to be processed. Then, of course, there is the matter of filing fees to be paid. This can be done through cash deposits to the USPTO account, credit cards or even electronic fund transfers.

The Long Wait

After you have submitted all the pertinent documents required for your application, all you can do is wait. Even if you file your application online, the process takes some time. The first action on your application may occur only after 6 months from filing. This is due to the sheer number of applications processed by the USPTO. Receiving your registration may take as long as a year to even several years. To make sure that you facilitate the processing time, you have to make sure that you comply with all the requirements. This is why you may need to seek legal assistance and hire a lawyer to do the application for you.

A trademark lawyer is as unnecessary as a trademark itself but has a lot of priceless benefits. Hiring one right from the start can hasten the application process in your quest of  how to get a trademark. There are a lot of minute but very important details in registering a trademark that a layman can easily miss. A lawyer will be able to handle everything that has to do with registering a trademark that is why it is highly recommended that you hire one.

From A Trademark Name Search To Hiring An Attorney: Become The Proud Owner Of A Registered Trademark

Registering your trademark is an important part of securing your intellectual property. A trademark can be anything that is used to identify your unique company. Logos, names, tags, design or a combination of several of these things can all qualify as trademarks. Although it is possible to register your trademark on your own, the process can be challenging for those who have never done it before. From doing a trademark name search to wading through the swamp of legal wrangling, many trademark holders choose to hire a lawyer to do the tricky part for them. However you choose to go about the process, however, it is a good idea to understand what you are doing and what you are trying to accomplish before you begin.

What Is a Name Search?

Every trademark must be unique. After all, ensuring uniqueness is the reason that people trademark their names and logos in the first place. While the idea of a registered trademark may be to prevent your competition from intentionally stealing your ideas, intellectual property theft can also be done accidentally. In order to prevent two companies from trademarking the same name, every company should do a trademark name search before they file their application. This search will check your potential name against all others in the trademark database, ensuring that yours truly is unique.

What Happens When I Register My Trademark?

When you register your trademark, you gain the exclusive right to use it either nationwide or within your field, as specified in your initial registration. Your name will also be listed in the online databases of the United States Patent and Trademark office. This means that your name will show up if anyone else does a name search, ensuring that only you have the right to trademark the name. Once you have registered your name, logo or design, you also earn the right to use the official federal registration symbol after your name. This symbol is nationally recognized and appears as an ‘R’ within a circle. Finally, a registered trademark holder has the right to take any issues regarding their trademark to federal court.

Should I Hire an Attorney?

An attorney who specializes in trademark registration can do a thorough trademark name search which can be an invaluable asset to your business. The legal waters surrounding registration can be murky and an attorney can save you both time and money. Every application costs a fee and an improperly-filed application may be rejected. Hiring an attorney can simplify the process, ensuring that you will soon be the proud owner of a registered trademark.

What You Should Know About Trademarks

Did you know that the first trademarks are credited to blacksmiths who made swords in the Roman Empire? The trademark is a distinctive indicator or sign that is used by a person or organization to identify that a product or service is credited to them. It can be a name, logo, phrase, design, symbol, image or a combination of them. There are even trademarks that are based on sound, smell or color. Remember Louboutin’s red lacquered sole trademark?

Symbols To Remember

  • ™ (unregistered trademark) is used to brand or promote goods.
  • (unregistered service mark) is used to promote or brand services.
  • ® is a registered trademark.

Why You Should Register Your Trademark

Registering a trademark is easy and beneficial to you or your organization. By registering it with the U.S. Patent and Trademark Office, your trademark will have increased protection. You will have exclusive rights to the mark that can be used for all goods and services offered by you or your company. Being able to use the ® symbol shows the public that you have claimed to the mark. It also means that you will be listed on the database of the U.S. Patent and Trademark Office. This allows you the right to take legal action if anyone were to replicate your trademark and use it to brand their products or make a close duplicate of your symbol.

Reasons Why You Should Hire A Lawyer To Help You Out

You can choose to file the trademark on your own or hire a lawyer to help you through the process. While trademark registering may seem like child’s play, there are complexities to the process that can be explained best by a lawyer. There are many procedures and legal necessities that need to be taken care of. Therefore, it would be beneficial for you or your organization to procure the services of a lawyer who can take care of the details. By hiring an attorney with expertise in this department, you will secure the legitimacy of your trademark and have someone to consult with if you have any questions before, during and after the registration period.

Registering a trademark need not be a hassle, but it can be a major stress and mistakes can be made if you don’t at least turn to professional highly-efficient lawyers the first time to help you through the process. Remember that not all applications make it to the registration process. This is why it would be quite beneficial to have experts to do the work for you.

The Importance of Personal Injury Law

Personal injury law is very important because it protects the rights of people when it comes to experiencing injury due to the irresponsibility of others. Knowledge about this particular law is considered crucial for every individual. You don’t really know for sure if you will encounter such incidents or accidents where you will be harmed physically, emotionally and psychologically. This is the main reason why you need to prepare yourself for any sort of eventuality.

Understanding the Importance of the Personal Injury Law

You have to know the importance of personal injury law now so that you will not be ignorant about it in case you experience a situation where you will need information regarding this law. If you handle a delicate situation properly, you will get the justice that you deserve. You will also know the legal actions that you need to take immediately. Some people do not receive their due compensation when they experience personal injury. You shouldn’t let this happen to you. Information is a very good weapon.

Seeks to Give the Proper Support for the Injured Person

The personal injury law basically seeks to provide sufficient support to the injured person. After an accident, a person may experience temporary or permanent disability. It’s vital that the proper support is given to him so that he can resume with this life even if his physical form is altered. If psychological trauma is experienced by the victim of an accident, then the appropriate therapy and treatment should be provided. These things can be possible if both parties can agree on certain terms under the basis of this particular law.

Aims to Provide Financial Compensation for the Injured Party

This law if implemented properly and if the people will abide can provide the needed financial compensation for the injured person. In case the person dies in the accident, the family will be the recipient of the financial assistance which will also take care of funeral expenses. It’s very important that the responsible party will cooperate. Nothing can be settled if both parties will refuse to discuss these things in a legal setting. The designated lawyers or specialists should be present in order to facilitate the negotiation process.

Provide Justice after the Personal Injury Case

In a personal injury case, justice can be attained if every detail is divulged and investigated. The person responsible should be held accountable and he should comply with the demands of the law. The justice that the injured party is asking for can be given if only the people involved will work hand in hand in order to resolve the issues.

Settle the Issue of Both Parties Involved in a Legal Way

The settlement outside of the court is very important in the cases of personal injury. Things must not be left undisclosed because that may cause conflicts in the case. Both parties want to have the situation resolved as soon as possible that’s why the right personal injury settlements should be done.

The personal injury law is very important because it provides refuge for the injured party and the right legal guidance for the responsible party.

Guest Post:

LAW OFFICE OF ELIZABETH C. RYAN100 NORTH LA SALLE STREET #1010, CHICAGO, IL 60602 (312) 380-1089 www.lawecr.com