November 24, 2008
Lawyer, Marketing, Advertising, Online, Law, Internet Marketing, Directories, Online Advertising, Seattle, Lawyer Advertising, Referral Sites, La
No Comments
Are you looking for a lawyer? Using the internet to find one? Beware of websites that say they will help you locate, evaluate, and choose a lawyer.
These sites are not always what they appear to be. They are not a public service. More often than not these sites are simply paid advertising spots.
There are two basic categories of lawyer finder websites. They are directory sites and referral sites.
The directory sites are basically an online version of the yellow pages where attorneys have paid for a listing in the directory. Typically, the more money that is paid by the attorney the bigger the ad. More money also means a higher rank in the directory, more times the ad will be presented, etc. The directory offers each listing and you pick the lawyer to contact.
Referral sites gather your information (name, number, case specifics, etc.) and then send it to an attorney who will contact you. The attorney has also paid for this service. The difference is that the attorney is paying to get a case lead. When you fill out the online form by giving information about your case, the information is given to the next lawyer on the list. With referral sites, the lawyer is often paying to get a certain number of leads per month. Rather than being routed to the attorney that can best meet your needs you are simply put in touch with the next attorney in line.
Whether the attorney is listed in a directory or referral sit, in both cases the attorney is paying for advertising. This is important to understand because the attorney may not have much if any experience in the area of law that pertains to your case. Many times the attorney who pays for this type of advertising may not have even taken your type of case all the way to trial. Sometimes out-of-state attorneys will use a directory or referral site to gather leads and then refer them to an in-state attorney for a referral or broker fee.
Also, beware of those websites that claim that the attorney has been prescreened or that the attorney belongs in their network. This just means that the lawyer was able to pay the advertising fee. The term prescreened attorney usually means that the site has verified that the attorney is licensed to practice law, but not necessarily that the attorney is experienced to handle your type of case.
There is actually a subcategory of the referral site. I call them referral firms. These are sites that appear to promote a lawyer or a law firm. But behind the scene these sites are just another type of referral site where the attorney has paid a hefty fee to be promoted. You might have seen some television spots for these lawyers or firms. Again, they take your call or your incoming email and then route it to someone or some firm that is next on the list to get leads. Many times the attorney is not even licensed to practice law in your state. In some cases they associate with a local firm—but it still is not the firm that you thought you were contacting or hiring.
Some of the key phrases that indicate that you are looking at a directory or referral site are as follows: -free lawyer finder services -helps you easily find a lawyer in your area based on location and specialty -find a lawyer near you -law firm directories -access to information, news, articles and attorney profiles -find, research, screen and contact a lawyer -Review lawyer profiles and information about individual law firms to identify the best lawyer to fit your needs
You are the only person who should be choosing a lawyer to represent you. Legal matters, especially personal injury cases, can sometimes (not always) take years to resolve. When you pick a lawyer you are choosing to build a long-term attorney-client relationship with someone who will speak on your behalf. Do not make a hasty decision while visiting a website late one night.
Do your homework, visit websites, read articles, review resumes, watch videos, talk to friends, talk other family members and, most importantly, meet with several lawyers in their offices. Ask them questions, about their experience, track record, etc. Listen to what they have to say and judge for yourself.
Good luck.
.About the Author:
Mischelle (Schelly) Weedman-Davis has over 15 years of marketing experience with high tech and internet businesses such as Microsoft, Primus, Summit Software, Qpass, and others. She recently left the high tech world behind to focus her energy and attention on being a mother and supporting her husband’s Seattle law firm. To learn more about Davis Law Group visit www.InjuryTrialLawyer.com or www.washingtonaccidentbook.com
November 22, 2008
Lawyer, Bankruptcy, Lawyers, Chapter 7, Secured Creditors, Law, La
No Comments
Secured Creditors and Relief From The Automatic Stay
In certain circumstances, a secured creditor can move the court for modification of the automatic stay so that they may pursue recovery of their collateral.
For example, an auto finance company can petition to the court to modify the automatic stay if you are not making current payments toward the creditor, if you are not up to date with the creditor or if you are not properly insuring the vehicle against loss. In those cases, the creditor will be granted its relief and will be permitted to recover the collateral despite the bankruptcy filing. In a Chapter 7 bankruptcy case, you will lose the right to possess and own the vehicle; however, you will not be responsible for any outstanding debt related to the vehicle. This could be a tremendous relief for you by eliminating a huge vehicle loan obligation.
As it relates to real estate mortgage companies, the same situation as above applies. The lender will petition the court for relief if you are not making timely payments, if you are not current with the loan, if you are not paying the real estate taxes on the property or are otherwise creating a hazard or risk to the lender. Thus, in a Chapter 7 bankruptcy case, the automatic stay will only provide temporary relief to you as it relates to secured creditors. As far as general creditors and unsecured creditors, the automatic stay may continue until the case is discharged. At that point, you likely be free from any future obligation toward the creditor.
The Bankruptcy Estate
What is the bankruptcy estate? The bankruptcy estate is all of your property as of the date of the bankruptcy filing, wherever located and by whomever held. Every possible interest (contingent, partial, legal or equitable) goes into the bankruptcy estate. Although there are exemptions which allow you to keep all or a portion of your property, the property is still technically considered property of the estate.
The concept of the estate applies to property owned at the time of filing. Most of what you acquire after the date of filing will remain your property. However, there are a few exceptions to this general rule.
If you inherit money or property within six months after your case is filed, that money or property will become property of the estate to the extent that it cannot be exempted.
If you receive a marital property settlement that arises from a pre-bankruptcy divorce or separation, then that property becomes property of the estate to the extent that the property cannot be exempted.
Tax refunds that are received after the date of filing become property of the estate to the extent that they cannot be exempted.
.About the Author:
David M. Siegel is the author of Chapter 7 Success: The Complete Guide to Surviving Personal Bankruptcy. He is a member of the American Bankruptcy Institute and currently practices bankruptcy law in Chicago and its surrounding suburbs. Additional information is available at http://www.bankruptcy-lawyers-phoenix.com .
November 11, 2008
Lawyer, Lawyers, Car, Injury, Law, Car Accident, Attorney, Injury Attorney, Los Angeles, Motorcycle Accidents, Accident Attorneys, Attorneys, Wrongful Death, Injury Attorneys, La, Pi Attorneys, Car Crash Lawyers, Accidents
No Comments
No one envisions losing a loved one.
The mere though of losing someone to a wrongful death is a harrowing idea. However, the law may provide some solace to your problems. If the death of your loved one was the result of the intentional actions, recklessness, or negligence of a third party, you may be entitled to relief. These actions are known as wrongful death actions. But where are the aggressive Los Angeles wrongful death attorneys? Any type of death may be compensable as a wrongful death, even for something like someone driving recklessly. You need only find the right lawyers for your case.
Wrongful death claims are highly complicated and require a skilled Los Angeles Wrongful Death attorney. Los Angeles is a bustling metropolis with plenty of dangerous industry and peril for loved ones. A highly skilled Los Angeles wrongful death lawyer will help you navigate through the morass of wrongful death statutes and determine if you have a case or are entitled to relief.
Los Angeles may be filled with peril, but with an experience Wrongful Death attorney, you need not be left empty handed should a loved one pass away as a result of a wrongful death injury. Los Angeles has a massive freeway system, with millions of residents and dangerous industry that inevitably will cause deaths, thankfully the law provides relief for its citizens. If you have lost a loved one, you should contact experiencedhttp://www.ehlinelaw.com/pages/3420/expert/losangeleswrongfuldeathattorneys.htm”> Los Angeles Wrongful Death Attorneys.
The aggressive Los Angeles wrongful death attorneys have recovered huge verdicts in many different types of cases. Often Los Angeles lawyers will argue in a death case that the loss has greatly damaged the remaining loved ones. Potential wages are often a large factor in these cases when determining damages. The sheer scope of Los Angeles Wrongful Death cases is staggering. Many are filed every year for everything from negligence, medical malpractice, products liability, construction defects, and reckless activities.
No one wants to lose someone, much less involve lawyers should it occur. However, Los Angeles residents may be entitled to huge relief if they employ an experienced Wrongful Death attorney to fight for the relief that the aggrieved loved ones deserve. While it is a difficult experience, contacting a wrongful death attorney and fighting for what you deserve should be your first move. If you feel that you have lost a loved one due to the negligence, misfeasance, or recklessness of another, you should contact an experienced http://www.ehlinelaw.com/pages/3420/expert/losangeleswrongfuldeathattorneys.htm”> Wrongful Death Attorneys Los Angeles today.
.About the Author:
Los Angeles Wrongful Death Attorneys educate injured victims in California cities including Orange County.
November 6, 2008
Personal Injury, Personal Injury Claim, Claim Letter, Accident Notes, Injury
No Comments
Claim letters aren’t the only thing you should put in writing - make sure everything is in writing.
Not only does it make you look organized, but it means you actually are organized.
It also means every last piece of communication is easily confirmed and referred to. This is why claim letters are letters, and not phone calls.
You’ll need the insurance adjuster to be able to study and refer to your claim letter during the time your claim is open. If claims were handled entirely over the phone, cases would rest on how well the adjuster took notes. Having the information in writing assures that the adjuster is regularly faced with your side of the story.
There are other things you’ll want to have in writing. These include accident notes, injury notes and notes on conversations with witnesses. This information will come into play later on, especially if your case goes to court.
Imagine you have written notes detailing every aspect of your claim beginning on the day of the accident, and the defendant is relying on memory only. Who is the judge more likely to believe?
The insurance adjuster needs to be shown how organized you are from the beginning. Fill your claim letter with your detailed notes and you’ll impress the adjuster with the knowledge and information you’ve gathered. You’ll be presenting yourself as someone who knows exactly what you’re talking about and who won’t be taken advantage of.
Other things that will help your claim letter are notes and documents from other people. You don’t want to simply relate from memory what the police officer said, you want to quote from the actual police report. The same is true for your medical records, reports and bills. These things should be referred to directly, so the adjuster knows your case is based on documented facts, not just your memory.
Don’t forget there are damages other than medical. Get documentation from your Human Resources department for any days of work you missed. Make sure this includes information on the pay you lost as a result of those missed days.
While you want to keep your personal notes for yourself, you should include any damage confirmation documents with your claim letter. Only send copies though, and keep the originals for yourself. Be sure to state in your claim letter that those documents are included.
.About the Author:
About author:
Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured people how to protect their rights and obtain fair compensation for their damages. Learn more about filing a personal injury claim at this page on their free educational website: http://www.Injury-Settlement-Guide.com/your-insurance-settlement.html Injury-Settlement-Guide.com.
November 5, 2008
Politics, Car, Auto, Insurance, Ticket, Traffic, Government, Constitution, Freedom, Laser, Rights, Court, Speeding, Beat, Dmv, Fines, Cop, Radar, Reckless Driving, Traffic Ticket, Fourth Amendment, 4th Amendment, Radar Camera, Speed Trap, Traffic Court, La
No Comments
“For sixty years the U.
S. Supreme Court avoided trekking through the constitutional minefield accumulated around the long standing practice of police stopping and temporarily seizing people at ‘civil’ traffic stops.”
It’s a nice day and you are traveling down the road in your automobile listening to one of your favorite tunes playing on your car stereo when, a frenzied display of psychotropic red and blue pulsating lights appear suddenly in your rearview mirror. It’s a traffic cop! Like a warring bird of prey, he has swooped down upon you at lightning speed from out of nowhere and now he has you hopelessly locked firmly in his clutches.
Millions of Americans each year, traveling upon our nation’s highways and streets, share in a similar unpleasant experience of getting a traffic ticket. In most states, minor traffic offenses are legally classified as infractions. Infractions are considered legally to be ‘petty offenses’ of the law and not a crime. The commission of an infraction is classified as a non-criminal act and, therefore, the infraction is a ‘civil’ breach of the law.
There is little civil about the experience of being chased down like a common criminal by an armed police officer and handed a civil traffic ticket. Most people find the experience to be very unnerving, if not downright frightening. The civil traffic stop is made infinitely more tyrannous in light of the fact that the victim of the cop’s assault committed no crime.
The Fourth Amendment was designed to protect us against unreasonable search and seizures, requiring police to first have probable cause. Although probable cause was not defined by the Fourth Amendment, the Supreme Court has long held that probable cause must include a criminal act to warrant seizure, or arrest. In Terry v. Ohio, 392 U.S. 1 (1968) the U.S. Supreme Court held that police may briefly detain a person if they have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
Being that the Supreme Court’s litmus test for probable cause has historically required the element of a crime to be associate with reasonable cause for a seizure, how then is it possible that a traffic stop (seizure) for a non criminal civil infraction not to be a violation of the Fourth Amendment?
In 1967, the Supreme Court cracked open the door to provide legal sanction to what police officers were already doing around the country in violating the Fourth Amendment (performing traffic stop seizures for non-criminal civil infractions). In Delaware v. Prouse, 440, U.S. 648 (1967) the Supreme Court ruled, “The permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual’s Fourth Amendment interests against its promotion of legitimate governmental interests.” [writer emphases added]
For over sixty years the U.S. Supreme Court avoided trekking through the constitutional minefield accumulated around the long standing practice of police stopping and temporarily seizing people at ‘civil’ traffic stops. Civil traffic stops (seizures) were unquestionably at odds with people’s Fourth Amendment protection against unreasonable seizures. The Supreme Court’s refusal to take the lead on the constitutional issue of the civil traffic stop left the state courts twisting in the wind of tyrannous constitutional construction and clamoring for a clear constitutional path they could take to safely traverse around the Fourth Amendment roadblock regarding the civil traffic stop and seizure.
The state courts have long and desperately sought the U.S. Supreme Court’s assistance in constitutionally ‘legitimizing’ (tweaking the Constitution) the six decade practice by police officers of seizing people for civil traffic offenses. The state courts had no way of neatly disposing of the highly problematic constitutional requirement that the U.S. Supreme Court had saddled them with. The U.S. Supreme Court had ruled that probable cause for a temporary seizure required a crime and the civil traffic stop was not a crime.
In 1996 the U.S. Supreme Court in the case of Whren v. United States, 517 U.S. 806 addressed head on the question of whether or not the civil traffic stop (seizure) violates a person’s Fourth Amendment rights. Acquiescing to the state courts’ demands, the Court provided the state courts with exactly what they had long sought, ruling; “As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.” [writer emphases added]
Politicians are well known for their talent to spin things. ‘Spinning’ is the ability to make things appear to be something that they are not. However, this talent is not limited only to politicians. Supreme Court justices are also very practiced in the art of spinning. Justices of the Supreme Court are lawyers, and lawyers practice a form of spinning known as ‘legal word art’. This form of spinning is created by transforming common words into technical legal jargon with hidden meanings.
The Supreme Court in the Whren case applied a hefty dose of good ol’ spin doctoring, as the politicians like to say, to make it appear as if the civil traffic stop was not an assault on our Fourth Amendment protection against unreasonable seizure. The Court in Whren capitalized on the use of one tiny, common, ordinary word - a word everyone uses and believes that they know the meaning of – ‘traffic.’
Traffic; the flow of vehicles and pedestrians along public right of ways. True? Yes, quite true when the word traffic is used in its ordinary sense, but not true when the word traffic is used in its legal sense. The word traffic used in its legal sense means an activity involving commerce — transportation of goods and people for profit as revealed in the following definition for the word ‘commerce’ under U.S. Code, Title 42, 21, VI, § 2000e (g). The term “commerce” means trade, traffic, commerce, transportation, transmission…” [writer emphases added]
A little more than a century ago, America had less tyrannous courts. The following 1898 Illinois Supreme Court ruling regarding the licensing of motorized methods of private transport of people not engaged in traffic is great proof of how at least one state supreme court followed the Constitution back then.
“The license is designed to operate upon those who hold themselves out as common carriers, and a license may be exacted from such as a proper exercise of police power; but no reason exists why it should be applied to the owners of private vehicles, used for their individual use exclusively, in their own business, or for their own pleasure, as a means of locomotion.” City of Chicago v. Collins et al., Supreme Court of Illinois. 175 Ill. 445, 51 N.E. 907 (Oct. 24, 1898).
The Illinois Supreme Court in 1898 held firm to the constitutional fact that the states have the power to regulate, license, and tax only those persons engaged in the activity of commerce related to the transport of people and goods upon the public right of ways.
Technically, the Supreme Court did not assail our Fourth Amendment protection against unreasonable seizure. Stopping and temporarily seizing a person engaged in traffic (an activity in commerce) does not per se violate their constitutional rights under the Fourth Amendment. The constitution grants states the right to regulate profit making activities in commerce upon the public right of ways.
In a realest or truest sense, the Supreme Court walloped our Fourth Amendment rights smack between the eyes with Whren (which was the Court’s intention from the get go). The states had long been pressuring the Supreme Court for a ruling such as this. They desperately needed to justify sixty plus years of doing what is not justifiable – their long practice of seizing people not in engaged in commerce at so called civil traffic stops.
Had Whren raised the issue about his not being engaged in commerce and a regulated activity, at the time of his trial, then in all likelihood the Supreme Court would have passed on hearing his case. The Court would have just waited patiently for another case to come along possessing the elements necessary to rule in the same manner as the Court had done in the Whren case.
Traffic boils down to money, power, and control. Traffic tickets are a multi-billion dollar bonanza for state and local governments. Profit making activities allows the government to regulate, license, and tax people under the constitution. The state traps people into traffic in much the same manner as it does regarding the Income Tax – the government just pretends that we all are engaged in a profit making activity.
The Supreme Court acted on the pretense that Whren was engaged in a profit making activity upon the public right of way and therefore, the state had the power to regulate his activity (driving or being in commerce). The police have the right to regulate traffic and, therefore, can constitutionally temporarily seize a person engaged in commerce to issue them a traffic ticket for a civil breach of the state’s driver’s license compact.
The state’s so called driver’s license compact is written for those engaged in commerce. However this fact is cleverly disguised and hidden from people by the lawyers who write the laws using the “spin doctoring” or ‘legal word art.’
Your possessing a driver’s license is not proof or evidence that you are engaged in traffic. You can have a driver’s license and your car can be registered and this does not prevent you from lawfully traveling in your private constitutionally unregulated capacity upon the public right of ways. It’s the activity of engaging in commerce that grants the states the right to regulate traffic and nothing in the Constitution grants the states the right to regulate the people’s right to travel. The right to travel is not and cannot be made a regulated activity. Therefore, the temporary seizure by a police officer at the time of a traffic stop is unquestionably unconstitutional.
TicketSlayer.com Slayer your Traffic Ticket with Ticket Slayer!
Contact Author: GregS@TicketSlayer.com
.About the Author:
TicketSlayer.com Ticket Slayer — The No. 1 Slayer of Traffic Tickets on the net! Beat your traffic ticket with Ticket Slayer!
Ticket Slayer has helped over Two Thousand people around the country to get their traffic tickets dismissed in traffic court.
Ticket Slayer has an overall National 85% Success Rate and a 92% Success Rate in California.
Approximately 95% of people never challenge a traffic ticket in traffic court. Many feel that they could not win in traffic court, its just too big of a hassle to go to traffic court.
There is more than just the fine amount to consider regarding traffic tickets. In some instances just one minor traffic ticket can substantially raise your insurance premiums for three years. This can amount to hundreds and even thousands of dollars.
Don’t pay that traffic ticket …Slay your traffic ticket with Ticket Slayer!
November 5, 2008
Copyright Law, Copyright Protection, Copyright Infringement, Cop, Law, La
No Comments
The terms “plagiarism” and “copyright violation” are often used interchangeably. Although that may work well for most dinner table conversations, it’s actually incredibly incorrect.
Not all acts of plagiarism are copyright violations and the two concepts are actually quite distinct.
Copyright violation refers to the use of protected material without the appropriately expressed consent of the owner. If you take a poem I have written and to which I hold copyright and then place it on your website, you are violating my copyright. You are breaking the law.
Are you plagiarizing? Maybe. If you indicate that I am the author (attribution) you aren’t really plagiarizing. You have certainly stolen my poem and you are in violation of copyright law, but you aren’t passing it off as your own.
Plagiarism refers to stealing the work or ideas of another person for your own use without properly attributing the source. Being a plagiarist can get you in trouble in academic and professional settings, but it isn’t necessarily illegal.
Illegality only enters the picture at the point of a copyright violation.
Plagiarism is, primarily, an ethical issue. It involves whether it is right or wrong to copy or to steal the ideas of another and pretend as if it is your own.
Copyright, on the other hand, is a legal matter. It involves whether your use of someone else’s work infringes their intellectual property rights.
All copyright violations aren’t plagiarism. Not all plagiarism rises to the level of copyright violation. However, the two phenomena do overlap a great deal. In many cases, the plagiarist will be a copyright infringer. Quite often, the person violating a copyright will be in the process of plagiarizing.
Nonetheless, it does make sense to understand the difference between the two acts. If someone plagiarizes you, you may or may not have recourse. It will usually depend upon whether the act also constitutes an infringement of copyright.
.About the Author:
Brian Scott is a freelance journalist who covers copyright law for www.ResearchCopyright.com. Download his free e-book, “Copyright Basics” at ResearchCopyright.com.
November 4, 2008
Lawyer, Personal Injury, Injury, Law, Personal Injury Lawyer, La, Injury Lawyer, Injury Case, Case
No Comments
Even for once, you might be involved in a personal injury case. In such case, you might want to claim a compensation for the pain and suffering that it has caused you.
This is when a personal injury lawyer is necessary. You must consult an injury lawyer, even if just to speak about the concern you have.
Remember that no matter how big or small your personal injury case is, you must file your personal injury claim and see what your legal rights are. And, your personal injury lawyer will help you about these matters all throughout your case.
Personal injury lawyers are so important in your personal injury cases.
They have been specializing in various services to offer possible clients.
These personal injury services include handling cases of auto or car accidents, aviation disasters, plane crashes or accidents, birth injury, brain injury, dangerous and defective products, dental malpractice, dog bites, medical malpractice, nursing home abuse, products liability, serious personal injury or catastrophic injuries, slip and fall, spinal cord injury, unfair insurance practices, wrongful death, and a lot more.
Indeed, a competent counsel is so important in a personal injury case.
So, if you’ve been involved in such case, don’t think twice, go out, find the personal injury lawyer to be your partner in your quest for justice, and enjoy the services that he offers you
WHEN AN INJRY LAWYER IS NEEDED?
When you have suffered any personal injury ,that’s when you need an injury lawyer, you should then consult with a personal injury lawyer as soon as practical.
An experienced attorney may have specific recommendations, cautionary advice and can help you through the recovery process.
There may be things that a personal injury lawyer can do in the short term to help you through the personal injury recovery process, such as making sure that insurance is paying for a rental car or assisting in finding qualified care from a medical specialist in the needed field.
Prompt consultation with a personal injury lawyer also allows the lawyer to send an investigator to the scene before the accident scene changes and to retain qualified experts if necessary.
Remember, failure to act promptly may result in missed deadlines, including statutes of limitations under Arizona law, that could result in an injured party sacrificing all or some of his/her rights.
.About the Author:
For more more information about Injury Lawyers please visithttp://www.injury-lawyer-help.com
November 2, 2008
Settlement Funding, Funding
No Comments
When carpenter Doug J. fell off a poorly constructed painting scaffold provided by his employer, his two broken legs wouldn’t allow him to work. Faced with a workers compensation claim, Doug had no idea how he would provide for his family while waiting for his settlement.
Settlement funding provided him the answer.
Settlement funding is offered to those currently in litigation. People involved in auto accidents, slip and falls, workers comp, and wrongful death lawsuits can wait years for their settlement. Settlement funding allows the plaintiff to access money from the pending lawsuit BEFORE the suit even settles!
Settlement funding has saved thousands of people from financial ruin. Just because the insurance companies can fight to the bitter end doesn’t mean plaintiffs have the luxury of waiting for the settlement. With bills to pay, food to purchase and every day living expenses being compromised, settlement funding can change lives.
Attorneys are becoming more and more aware of settlement funding and are offering this information to their clients. When an attorney has a financially satisfied plaintiff, it allows them to litigate longer and not accept the first offer the insurance company throws their way.
In addition, once a plaintiff receives settlement funging there’s an opportunity to receive ADDITIONAL funds based on changes in the case.
Settlement funding is a win-win scenario for everyone involved.
.About the Author:
With a strong creative writing background, Lisa has spent years in the marketing department at Oasis Legal Finance. Through writing press releases, articles, newsletters, web site copy and other creative pieces, Lisa continues to inform the corporate and private sector about the benefits and importance of litigation financing.