Tips For Selecting a Liability Attorney

Every day, consumers spend millions of dollars in retail and grocery stores all across the country. We believe that our purchases will bring happiness, fulfill our needs and bridge the gap. We take solace in the fact that the companies who manufacture the products we use will always do the right thing. Unfortunately, no one is right all the time. If you live in the greater Houston area and have been injured by the negligence of a product manufacturer, you need a Houston liability attorney.

If you have been harmed and try to seek compensation on your own, without the help of a Houston lawyer, the chances are high that the manufacturer may try to settle with you out of court with a fraction of the money which you could be entitled to. A lawyer will make sure that you are compensated for medical bills, wages lost due to your injury, and even lawyer’s fees. In fact, may lawyers offer a deal that if they don’t win the case for you, then their services are free; if you win, they will receive a percentage of the compensation awarded to you.

Have you ever sustained an injury at a shopping center or hotel? Houston premise liability law protects individuals from neglectful property managers and owners. If you have suffered a fall or accident on private or public property, the owner owes you restitution. Broken equipment, unclear sign postings and faulty buildings can cause serious bodily injury and even death. Hold thoughtless companies and individuals responsible for your safety on their premises. If you are on site as a guest or consumer, the owner is liable for any harm that comes to you on the premises.

When you are looking for a Houston liability attorney, verify qualifications and certification. Don’t allow yourself further injury by going to court with the wrong lawyer at your side. A good liability attorney will help you through the tough times and see you through the storm.

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Finding a Good Bankruptcy Lawyer

Texas is the second largest state in the United States, and as you can imagine, there are plenty of San Antonio bankruptcy lawyers available for you to choose from. The tough part isn’t necessarily finding an attorney, it’s choosing one. You will find that by doing a bit of research, you can minimize your results down so that you’re left choosing from only the lawyers who will benefit you and your case.

Bankruptcy has a lot of truths and myths floating around that end up confusing many people. The first thing you should do before seeking an attorney is to educate yourself on bankruptcy and the different chapters there are. The attorney that you end up hiring will be able to educate you, but it might be best if you start off with a bit of a foundation of knowledge. Plus, when it comes time to choose your lawyer, you will be able to find one who specializes in exactly the type of bankruptcy you wish to file, or they might even be able to recommend a different chapter of bankruptcy to file if they feel it would better suit your situation.

One thing to remember when considering bankruptcy is that the economy is wreaking havoc on many peoples’ finances, and you are not the only person having to file bankruptcy and start over. There is no shame in seeking the help of an experienced lawyer to help you file San Antonio bankruptcy. Besides, hiring an attorney doesn’t have to be expensive if they specialize in bankruptcy. Most of them are sympathetic with the fact that people needing to file bankruptcy cannot afford colossal lawyer fees.

A great tip to remember is to generate a list of questions that you want to ask an attorney during the initial meeting, or consultation. Try to keep in mind that this “interview” should leave you feeling confident that the San Antonio attorney is not only qualified to practice law, but is familiar and experienced in handling bankruptcy cases and has a proven track record of such. If you walk away feeling like the lawyer left something to be desired, feel free to “shop around” until you find someone who better suits you. There are plenty out there to choose from, so don’t feel like you have to compromise!

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Three Categories of Family Law Documents

This branch of the law covers all legal matters that pertain to a family. This can include marriages, divorces, prenuptial agreements, adoption, civil unions, property settlement, child custody and visitation and more. To become an attorney that deals with family law you have to first get your bachelor’s degree, attend law school and then pass the bar but if you plan to specialize in family law there are many different specialties to choose from, including adoption, neglect, abuse, divorce, paternity, custody and visitation, paternity, and more.

Marital unions

Under this category marital unions include civil and traditional marriage unions. It rarely includes formal pleadings. The reason is that this area of the progress of family life is less contentious. This means that not many couples at this stage are filing actions against each other. Some of the documents include:

  • Name change forms
  • Certificates of marriage
  • Prenuptial or premarital agreements

These documents may be called by other names in different jurisdictions but they all cover the same area. Some jurisdictions may also enable other types of actions under the category of martial unions but the general concepts as to what is handled by these forms, agreements, and certificates are common in all jurisdictions.

Marital termination

This category is where you will find most of the documents. These documents deal with marital terminations and include divorce, separation, and annulment. One of the parties will initiate a court action to sue for relief. These particular documents will mirror the types of pleadings that are filed. In addition to asking for termination of the marriage the documents can also include replies to the court action filed and any counterclaims. Some of the more common documents can include motions to restrain a spouse from deleting the marital assets, temporary alimony, and court costs. This category of family law documents include all the attachments and forms that are used to establish the marital estate as part of the proof that will be needed to reach an amicable and fair divorce settlement.

Parent-child relations

In this category are the actions that will do the following:

  • Appoint a legal guardian
  • Establish paternity
  • Deal with the issues of support, custody, and visitation
  • Removing a child from a home for cause

The petitions can also include motions to modify an order for child support, and motions for contempt for failure for either party to comply with any prior court orders.

As you can see there are many different documents that a family law attorney has to deal with so that is why many specialize in one particular area although some may practice in more than one area. To be sure which specialty volunteer to work for a family law firm.

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Tips For Choosing the Perfect Lawyer

Choosing the perfect lawyer / attorney would be the hardest part for any one. You need some one with great passion and professional touch in the profession to win cases for you. A lawyer should be more like a friend to you to cleanly understand your issues and problems. You need a lawyer who is specializing in that particular matter of concern. A divorce lawyer / attorney won’t be that much efficient in handling criminal cases / accident cases. So you should do your research before choosing you lawyer.

To choose your right lawyer, you at least do the following:

  1. Talk to your friends / relatives who have gone through the same pace of life, ask them and get to know whom they have selected.
  2. Do talk to more than one lawyer / attorney.
  3. While handling with law firms, do talk to the lawyers / attorneys who is going to take up your case rather than the councilors / executives.
  4. Find what the lawyers are charging and their style of functioning.
  5. Some senior lawyers would take up the case and hand over that to juniors. We need someone who really understand our issues and find a solution for us.
  6. Do search in yellow pages / white pages / Bar association websites and read reviews about the lawyers / Law firm.
  7. Find out whether the lawyer is a member of local, state, or national associations.
  8. Determine the experience of the lawyer and the types of cases that have been handled by him.
  9. How you will be informed about the case progress and how often?
  10. Get clarified how long it takes to resolve the issues.

Choose the lawyer who provides you the answers that make you comfortable. You need a smart lawyer who will work hard on your behalf and complete all assignments in a timely and professional approach. You also need a lawyer who you get along with and like. By selecting the right lawyer will would save you precious time as well as money at the same time you can also reduce your stress level as the lawyer is going to take up the assignment.

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How To Expand Your Family Law Practice: Ten Money Making Tips For Divorce Lawyers

The divorce rate in the United States is likely to rise over the next five years due to the ten sociological trends that will be outlined below.

These changes will create an abundance of work and opportunities for family lawyers and matrimonial lawyers.

  • In a bad economy, some people stay in bad relationships because they feel trapped. In short, they can not afford to leave their spouse. Today’s economy is quite strong. Home prices are rising and the stock market has been on the rise. Many people who are unhappy with their marriages can now afford to terminate these unfulfilling relationships.
  • The opioid crisis, the heroin crisis, the increase in alcohol abuse will create a lot of familial stress and will contribute to marital disintegration in America. Interestingly, many private corporations are now investing in drug treatment center to profit from the increased need for these services.
  • Domestic violence often coexists with addictions and substance abuse. Spouses in violent relationships will need to be protected by family lawyers and by the criminal justice system.
  • The rising number of people who are addicted to pornography, video games and social media will continue to put a strain on marriages and on family life. Many clinicians and attorneys are seeing the impact of these kinds of addictions on marriages and on intimate relationships.
  • Laws allowing same sex marriages create more relationships. More relationships means that there will also be more relationships which end in divorce.
  • Internet dating has made it very easy to meet, to hook up with people and find another spouse. Consequently, people are not afraid of being alone and will not hesitate to remove themselves from an unhappy marriage.
  • The public is now more aware of the value and utility of pre nuptial and post nuptial agreements. Attorneys will need to create more and more of these contracts.
  • Infertility treatments are creating many complicated legal issues for couples. Who owns the fertilized eggs is merely one example of the kind of legal issues that this relatively new technology is generating for families and for their lawyers.
  • The growth of mediation will simplify and shorten the divorce process and make it easier and less expensive to terminate a failing marriage. Consequently, more people will be likely to utilize the legal system to end their marriages.
  • Similarly, collaborative divorce is gaining in popularity and is creating another viable route to divorce for some couples in America.

 

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Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment;
  2. Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.

How can a person be held guilty for Violation of BP 22?

Violation of BP 22 can be filed against any person when the following are present:

  1. Making, drawing and issuance of any check to apply for account or for value;
  2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Additionally, in BP 22, good faith is immaterial. Meaning, the mere issuance of an unfunded check already consummates the crime.

Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

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How To Respond To Settlement Letters In Copyright Infringement Cases

Settlement letters are sent to particular internet subscribers who are identified to have infringed a copyrighted material. Also known as letter of demand (LOD), the letter is usually composed of the name of the infringer, IP address, and all the details about copyright infringement. First of all, getting a demand letter such as a TCYK letter more likely means that you did violate the law and the copyright enforcers have evidence to prove that you have infringed a copyrighted content. Second, it is not advisable to just ignore the letter as it could result to serious legal consequences. So, when you get a demand letter, respond to it. In every illegal download case, ask about the situation or what the letter means. If you ever find yourself as a “John Doe” defendant, here are a few practical tips that can help you in your defense in the lawsuit:

– Settlement amounts are usually negotiable. If you get a TCYK letter or any settlement letter, chances are you will be offered a settlement amount. The figure may be changed depending on your approach or how you attempt to negotiate. So, it would not hurt to try especially if you really did it.

– Among the copyrighted materials that you can possibly pirate, porn bears the most embarrassment and it involves more risks so find a way to settle quickly. Don’t waste your time delaying the case. It is best to make it go away the minute it’s presented to you.

– Do not fight a subpoena. Doing so could only expose your identity. Copyright infringement is not something that you could just take for granted. You need to protect your own identification and avoid a potential scandal that will not help you in any way in your life.

– Fighting a case could lead to more expensive costs compared to every negotiated settlement. Besides the hassle that can be expected in a lawsuit, there are legal fees that you need to consider should you decide to fight a case. You may get a total that could have been avoided if you just settle.

As provided by copyright law, a copyright grants a creator exclusive rights to the distribution or reproduction of his original work. There may be exceptions but initially, the creator owns the copyright of their created work. It would be good if people have a better understanding of how creators such as those in the entertainment industry come up with works of art. But in the meantime, they should focus on how to respond to a letter of demand.

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Understanding Probate and the Problems That Can Arise

Detroit probate attorneys are an excellent way to tie up any probate issues that you or a family member may have. This may include, but is not limited to, validating and executing wills, estates, trusts, and other funds. A probate lawyer can also provide legal advice to the deceased’s heirs or remaining family members.

The process of handling probate can be extremely complicated, especially in the event that a person dies without leaving a will. A will is basically a legal set of instructions for how the deceased wanted his/her property and finances to be dispersed. When these instructions do not exist, it can be difficult to decide where and to whom the deceased’s property can legally go to. Usually, the decision is made by a state court. Michigan is similar to many other states in that it could take years for the handling of probate to be settled. This is where hiring a Detroit probate lawyer can be extremely advantageous.

Take a situation where a person dies with a will or trust in place but no living beneficiaries. In such a case the probate lawyer would step in and work on behalf of the remaining heirs. It is the job of the Detroit lawyer to help the heirs navigate the legal system and settle the estate. It is the desire to dispose of a probated estate as quickly and as fairly as possible.

Probate law is a difficult and time consuming process. It involves many prospective interested parties including debtors and heirs. When there is no will or trust instructions left behind, the process becomes more difficult. The probate judge imposes Michigan probate law in an equitable manner. The Detroit probate lawyer represents the interests of their client in order to receive a fair outcome.

When you search for a probate lawyer, you will want to make sure that you do your homework. Make sure that your candidates are knowledgeable in Michigan probate law, as well as experienced in actually practicing in the state of Michigan. You can easily phone up prospective lawyers and ask if they offer a free consultation, and if so, sit down and do a brief interview to get a feel of each lawyer’s competency. This will not only ensure that you hire a lawyer who will handle your case efficiently, but also one who you feel comfortable with.

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Three Reasons You Don’t Get Legal Help

There are three main reasons you don’t get the legal help you need:

ONE, you are intimidated by lawyers and the legal system. It’s like an “old boys club”. You aren’t included, so you feel left out. You are an OUTSIDER!!!

TWO, you don’t know who to call. Lawyers, like doctors, specialize. They usually know, concentrate on and practice one area of law. You not only have to find a lawyer that is experienced in the legal area of your problem, but then you have to choose which one is best from a pool of names. How can you know which one is best for you?

THREE, you have to check your pocket book before you call, to see if you can afford to get advice. At rates running $150-$250+ an hour, you tend to sweep the problem under the rug and try to forget about it or handle it yourself. You can’t afford the help you need!!!

SOLUTION: Have a full service law firm on “retainer” at a reasonable, affordable price.

You WILL no longer be intimidated. You no longer have to be left out of the Justice System. The “playing field” will be leveled for you.

You WILL know who to call, in advance, to answer your questions and help with your problems. No matter what area of law your problem pertains to, you will be able to get the help you need.

You WILL be able to afford the help you need. You can have a full service law firm on “retainer” for a reasonable price.

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Of Film Festivals, Creativity, and Copyrights

Movies with poor reviews do not necessarily give anyone the excuse to pirate them. Art is subjective and stealing is wrong. These are two truths that should be recalled when dealing with piracy. It is not wrong to share content as long as it doesn’t cross any copyright. Copyrighted materials are certified and protected, and owners have grounds for copyright infringement claim if necessary.

Film Festivals

The world constantly asks for innovation; that’s almost a rule. In film festivals, exploration and development meet. Storytellers who take risks with fresh ideas get to display their original work. It is where indie or independent artists show off their stories without political and commercial pressures, and restrictions.

Film festivals connect artists and audiences in several countries. It is a place where both established and emerging artists show documentary and dramatic films, innovative short films, cutting-edge media and art installations, and live music performances. It brings together the modern day’s most original storytellers and supports engaging programs for students and the community.

Every film festival welcomes distinguished artists and opens great opportunities for students and newcomers. Some movies are even directed by celebrities. For example, “The Company You Keep” was directed and starred by an American actor. This political thriller was well-crafted, and the creator skilfully directed a cast of talented actors. When this TCYK LLC film was pirated, copyright holders tracked the infringers to protect their rights.

Media Copyright Literacy

While you play other people’s intellectual property, it is essential to have a basic understanding of what is legal and ethical. Everyone should learn how to be a good digital citizen and get familiar with the copyright law and respect content creators and their original work.

Upon creation, any work is automatically copyright-protected. When your work is capable of copyright protection, it is likely that you own the copyright. However, copyright might belong to someone else if you have assigned or transferred your copyright in writing. Also, ideas cannot be protected unless it is made into its material expression like a painting, novel, or film. So it is important to transform your ideas in its material form.

Copyright protection applies to all formats whether it’s in print, online, or digital media. While there are organizations that protect freedom of expression and help people understand their rights and responsibilities around copyright law, there are also entities like the owners of the TCYK LLC film that are dedicated to protecting the rights of creators and content owners.

Only the original content holders have the exclusive right to the use of their work. It isn’t fair that other people commoditize from other people’s work without their consent. Copying and distributing others’ work without permission is copyright infringement, which means illegal distributors could be charged with a huge sum for damages.

Creativity is unique, and artists deserve all credits due to them. Some are too passionate about their craft that they don’t mind how their work is being used. Unfortunately, this doesn’t apply to all. Most creators need financial support to make and produce their work. Pirating does not help them in any way.

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