May
19
Finding A Real Estate Lawyer
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At the heart of the matter, the purchase or sale of a home is a legal transaction. When we mention the world legal, lawyers cannot be far from the discussion.
Whether you are buying or selling, the real estate industry has developed forms that often can be used to get the deal done. Many people rely on these forms every day, but the outcome isn’t always so great. If there is any problem in the transaction, the forms become obsolete. At that point, it is time for legal representation in many situations.
The first thing to know about a real estate lawyer is you may be legally required to have one involved in the transaction. The rules vary by state. In California, for instance, you are not required to use a lawyer and they usually only get involved in disputes or commercial transactions. Florida, on the other hand, has a strong policy towards using lawyers with the idea being to get the matter right at the outset instead of having problems later on.
Whatever your particular reason of needing a real estate lawyer, you are still going to need to find one. There are a couple of things to keep in mind when selecting one. Here are some tips.
1. Find a real estate lawyer. By this, I mean someone who practices primarily in the field of real estate. Most lawyers own homes, so they think they can handle real estate transactions. This typically is not true. Real estate law can be complex, so get someone that already knows it.
2. Go local. Real estate laws tend to be state wide, but regulations tend to be local. Obviously, it depends on the situation in your state, but you need to seriously consider getting a lawyer in the area you are selling or buying.
3. Comfort Level - Many people just choose any old lawyer. This is a mistake. Get one who speaks your language and you are comfortable. If you like aggressive people, get an aggressive lawyer. If you like yellers, get a yeller. If you prefer a more poised attorney, a yeller is probably not a good choice.
4. Know Your Purpose - Lawyers have distinct styles. Some prefer to try to find solutions to disputes. Others prefer to crush the other side. You need to know what your goal is when interviewing lawyers and communicate it clearly. Their reaction should give you an idea of whether they are a good choice or not.
Perhaps the biggest rule to remember when dealing with lawyers is your role. You are the client. They represent you. Most people hire a lawyer and then ask for advice on what they should do and what decisions they should make. This makes lawyers uncomfortable because they don’t know you from a hill of beans. Know what you want and communicate it to them. Their job is then to go get it.
By: Raynor James
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May
17
When facing a grand jury as either a witness or the accused, it’s important that you obtain proper legal counsel from a criminal lawyer. You’ll need to know how to handle certain questions, what evidence to present in your defense, and so on. A criminal attorney can ensure that you use all the defenses available to you to possibly prevent an indictment.
Brief Definition
A grand jury differs from a trial jury in that the grand jury only decides whether or not the accused should be indicted (charged with the crime) or if the case should be dropped. This jury listens only to federal cases before they move forward to trial. The jury is sworn in by a judge, but there is no judge to oversee the proceedings. The United States Attorney General presents the evidence, and witnesses are allowed to give testimony to the jury. The jury then weighs the evidence to determine if charges should be filed.
Common federal crimes that are brought before a grand jury include but are not limited to organized crime, counterfeiting, bank robbery, kidnapping, threatening a public official and tax-related crimes such as tax evasion. The jury has the authority to call witnesses and subpoena personal and/or business records. Witnesses are sometimes indicted as well, so even if you are only called as a witness, you might consider speaking with an attorney beforehand.
Though a criminal lawyer cannot be physically by your side during the grand jury proceedings, he can wait outside the courtroom and be available if you have questions. You are allowed to step outside and speak with your attorney during the session. This is wise if you want to avoid saying things that might incriminate you. A criminal attorney can also help you prepare your testimony and evaluate the situation ahead of time. This could very well determine whether your case proceeds to a more serious federal court trial or gets dismissed. If you do get indicted, your attorney can act as your legal defense during the trial as he will already be familiar with your case.
Things to Know
You can take written notes during the session, so this enables you to write down any questions to discuss with your attorney later. Also, pre-grand jury interviews should be avoided. These can entrap you with questions that should be talked over with your attorney. Also, if you are accused of lying during this questioning, this is an automatic federal crime in itself. It’s crucial that you wait and give your testimony during the grand jury session when witnesses are present and all statements are being recorded. Also, be aware that your criminal attorney is allowed to accept the served subpoena on your behalf. This helps you avoid any embarrassment of being served at your place of business, in front of your family, or anywhere in public.
Once you’ve selected a lawyer, ask that he insist on secrecy of the grand jury trial as well as secrecy of your being served. You have the right to this type of privacy until an actual indictment takes place. Those participating in the grand jury session cannot reveal that you have even been served a subpoena to appear, but sometimes people get sloppy if you don’t insist on this secrecy up front.
When seeking a criminal lawyer for your appearance, be sure to choose one carefully. It will be more convenient for you if you can find a skilled lawyer with grand jury experience in your local area. He will be readily available to you when you need help with your case. You can easily use online resources to find criminal lawyers in your area.
The key is to remain calm and allow your criminal lawyer to guide you through the process. You’ll feel more confident knowing that a knowledgeable professional is available before, during and after your grand jury session.
By: Chris Robertson
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Learn more about Criminal Lawyer.
May
16
Integrity is suppose to be the mainstay of our legal system and if we are to have true justice in this country then we desperately need to have those who work in the legal system prove their faith to the cause. Is integrity training too much to ask of lawyers? Well, I guess you are right it really is, but we can consider a little personal character training.
Oh, I see you have a wicked sense of humor. No, I was not thinking of making them go through some extreme survival training that they might not survive. Well, I admit it had crossed my mind, but we both know I cannot say that in public. However it is my belief that what does not kill you makes you stronger. So, it wouldn’t be all bad, right?
Personal Character training seems to be something that is lacking in our populations, we need more of it, and if we were to require it of all High School and College Student, maybe we might not have so many problems in professional sports, politics, nonprofits, or business. If we had personal character training we might need a lot fewer police, prisons, rehabs, and marriage consultants. Of course, this job of personal character training is huge and we need to start somewhere.
Why not start with the lawyers, that would take a huge dent out of the problems in our society. If those entrusted with the law, had personal character training then maybe our laws could also help by doing what it was intended to do, rather than succumbing to manipulative control. Think on this.
By: Lance Winslow
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May
15
Michigan Immigration Lawyers
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The U.S. has the maximum number of immigrants in the world. Michigan immigration lawyers, like other immigration lawyers in the U.S., play an important role in protecting the rights of the immigrants. Immigration lawyers have gained importance because of the increase in the number of illegal immigrants. Many times they help the immigrants from communist countries gain asylum. They also help prevent the deportation of some immigrants, who are ignorant of their rights, especially those who are illiterate.
The United States Immigration and Nationality Act were created in 1952. Before 1952, a number of statutes governed the immigration laws. However, the statutes existed as parts of different acts and were not organized in one location. Therefore, with a view to create a unified law applicable to this important issue, the McCarran-Walter bill of 1952, Public Law No. 82-414, collected the applicable statutes, codified the existing provisions and reorganized the structure of immigration law.
Any individual or entity in the United States can choose to be represented by an attorney or accredited representative when filing applications or petitions with U.S. Citizenship and Immigration Services (USCIS).
Once chosen by an individual or entity, the representative has to inform the authority in a prescribed format, along with the application or petition. In matters filed within the United States, only attorneys and accredited representatives are allowed to communicate on behalf of the individual, to the USCIS and receive information from USCIS regarding the individual’s application or petition.
If the individual needs legal advice about an immigration matter but cannot afford to hire a lawyer, Michigan state bar association can provide assistance regarding the availability, of free or reduced cost legal services. Such legal advice can also be made available to persons seeking asylum under the U.N. Convention on Human Rights. The lawyer must be a member in good standing of the “bar” of Michigan State and should not be under any court order, restricting practice of law.
By: Jimmy Sturo
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May
10
New Hampshire Lawyers
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The state of New Hampshire has the Attorney General as the state’s chief legal officer. This post entrusts the Attorney General with the responsibility of the general supervision of all criminal law enforcement in the state. The state of New Hampshire has a well regulated Department of Justice.
The hall of fame of New Hampshire lawyers boasts of a famous personality. Franklin Pierce the 14th President of the United States of America was an attorney from New Hampshire.
While the legal fraternity in the state of New Hampshire is busy throughout the state, a few cities like Concord, Manchester and Nashua see comparatively more legal action than the other cities in the state.
Bankruptcy, business, civil rights, criminal, divorce, employment, estate planning, family law, intellectual property, personal injury, tax law, technology and wills & trusts are a few of the areas that New Hampshire lawyers specialize in.
Private New Hampshire lawyers are an organized group. Locating the right lawyer for a case is very easy in New Hampshire. All that one needs to do is to approach a lawyer referral service. Submitting details about requirements can give one access to a database of the available New Hampshire lawyers. Depending on individual preferences and affordability, people can choose their lawyer.
Most private firms offer a free evaluation of new cases to enable prospective clients to make up their minds.
There are a few non profit law firms that offer legal assistance to people from low income groups, the elderly and the disabled. Such firms handle cases related to health care, housing issues, domestic violence, welfare, unemployment issues and the like.
New Hampshire lawyers and paralegals associated with such firms provide legal advice, mediate for and also represent their clients in courts of law. They also provide useful resources to people who need more specialized advice. Such firms are funded by the New Hampshire Bar Foundation and private donations.
By: Kevin Stith
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May
10
This article discusses the different strengths and weaknesses of analytical and intuitive thinking, which combined may be called holistic thinking. Because thinking is in its nature invisible and abstract, the article uses an analogy by way of representation: the anatomy of the cornea.
At the very center of the cornea are clustered cone cells, which have the function of focusing on objects far or near. Surrounding the cone cells are the more numerous rod cells, which provide peripheral vision. If the cone cells deteriorate, when one attempts to focus upon an object, it disappears; a black spot in the center. But if you lose peripheral vision, even if you retain the ability to focus, it is like observing the world one speck at a time through the means of the focused beam of a flashlight. It is much easier to get around with only peripheral vision than with only focused vision.
This analogy can be convincing when seeking to persuade lawyers that analysis is not the whole universe of thinking. Lawyers are taught to specialize in analytical thinking. They may do this to such an extent that they dismiss intuition as “touchy-feely.” That term betrays unawareness of the fact that just as the cone cells are surrounded by more numerous rod cells, so the penetrative power of analytical thinking is only made possible by the provision of context afforded by the intuitive. If you have no intuition of where to look, you cannot focus the concentrated beam of analysis at the right target.
Analytical thinking is historically quite recent, whereas intuitive thinking has been mankind’s chief possession since the dawn of time. As far as Western civilization is concerned, the classical Greeks “invented” analytical thinking; the Romans built really straight roads with it, the Dark Ages lost it, and the Enlightenment rediscovered it. We can partly attribute the triumphs and perils of our modern civilization to the relative imbalance in the importance afforded to analytical versus intuitive skills over the last four hundred years. The current dysfunction of the legal system is also in part a consequence of this imbalance. The broad mission of mediation may be to restore the balance, because we are now in a time when the perils threaten to outweigh the triumphs. Overly analytical people are to a large extent “blind;” what our society needs is people who can “think” with a whole eye, which is called holistic thinking - only those who are out of touch with feeling call this ‘touchy-feely.’
Analytical thinking is powerful. It is focused, sharp, linear, deals with one thing at a time, contains time, is deconstructive, contains no perspective, is subject to disorientation, is brain centered, and tends to the abstract. Analytical thinking is efficient in the following conditions - sufficient time, relatively static conditions, a clear differentiation between the observer and the observed. It is best suited for dealing with complexities, and works best where there are established criteria for the analysis (for example, rules of law). It is necessary when an explanation is required, seeks the best option, and can be taught in the classroom to beginners.
Intuitive thinking has contrasting qualities: it is unfocused, nonlinear, contains “no time,” sees many things at once, views the big picture, contains perspective, is heart centered, oriented in space and time, and tends to the real or concrete. Intuition comes into its own where analytical thinking is inadequate: under time pressure, where conditions are dynamic, where the differentiation between observer and observed is unclear. It works best where the observer has experience in the particular situation, is difficult to teach in the classroom, eschews seeking the ‘best’ option in favor of the ‘workable,’ and is prepared to act on feelings or hunches where explanations are either not required or there is no time for them. Intuition is experience translated by expertise to produce rapid action.
Intuition is limited where the task is complex and uncertain, where the observer lacks experience, or the observation is distorted by biases or fixed ideas. Its weakness is a tendency to produce a fixed attitude or mindset that ignores new data; that is why the analytical thinking of the Enlightenment was so revolutionary. Intuition is ineffective for predicting the stock market, or for discovering that the heart is a pump, or for dissecting a legal problem.
When analytical and intuitive abilities are combined, the result is ‘holistic.’ In order to effect settlements and resolutions, it is necessary to move people out of a rights/obligations/win-lose mindset into a needs/interests/mutual gain mindset, which is what mediation is all about - this requires holistic thinking abilities.
ANALYTICAL
Time
Static
Linear
One thing
Small picture
Focused
Deliberative
No perspective
Classroom taught
Objective
Best option
Needed when explanation required
Deconstructive
Object differentiation
Objective/subjective differentiation
Brain centered
Disoriented
Abstract
Historically new
Lawyers
INTUITIVE
No time
Dynamic
Non-linear
Many things
Big picture
Non-focused
Instantaneous
Perspective
Experience taught
Subjective
Workable option
Needed when action required
Constructive
Pattern matching
No clear objective/subjective
Heart centered
Oriented
Concrete
Historically old
Firefighters
By: Charles Parselle
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May
7
Fraud Prevention Tips - Bank Guarantees and Discounted Bank Instruments - 1
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In today’s electronic world, there are several new instances of sophisticated financial fraud. Some cases are easier to detect, however, in an increasingly uncertain economic environment, mostly because of the unease of the US Dollar and the increasing strength and influence of the Euro. This has resulted in “banking instrument” fraud becoming increasingly common. I decided to write this article because as an international tax lawyer my offices have been receiving more than a dozen requests per month from honest clients looking to make money with a “sophisticated project” simply to discover that the “project” was on par with letters from Nigeria that promise unclaimed fortunes to appear on your doorstep because a dying uncle mentioned you in his will. I also compiled the list below with help from other credible sources I found on the internet.
In general, if you are approached to make a high yield income investment or to become involved in the prime bank investment fraud, then you should carefully look at the documentation that you are asked to sign and always use the advise of an experienced professional such as an accountant or a lawyer. Such documents are normally filled with meaningless legal gibberish that are relatively easy to spot if you are dealing with fraudsters.
Some of the typical phrases you should look for are set out below. Some of them are meaningless and have no legal definition, but they were inserted into the documents or proposal in order to impress unsuspecting investors:
May
7
Finding A Car Accident Lawyer
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Do you have a car? I’ll bet you do because most Americans love their cars. What would you do if you were driving your car and were in a serious accident that caused extensive damage? Well, based on who is at fault, the insurance companies will more or less be able to replace the car. That’s what you’re paying the big money for.
But what happens now to hear the cause of that accident? Or worse, been affected by the accident physically and emotionally? If this is the case then there’s not a whole lot that your insurance company will do for you. But based on the nature and status of the case, a car accident lawyer will be able to help you.
Like criminal lawyers specialize in crime, civil lawyers specialize in civic issues and litigation lawyers specialize in litigation, the car accident lawyer is a new breed of lawyer who can help you set the accident right. This is evident when the other motorist is the at fault party ought has poor or no insurance. At such instances, you will need to use the services of a car accident lawyer, who can not only get you adequate money and respite, but will guide you through the mountains of information that make up these situations.
I’ll give you an example of something that happened to a family member of my. He was happily driving along when out of the blue, a speeding car jumped the signal and crashed into him. My friend suffered not just concussions and broken ribs, but also had his car nearly totaled. To make things worse, the other driver was just a young kid didn’t have a drivers license or automobile insurance. So, he decided to use the services of a car accident lawyer.
This car accident lawyer was good. He actually was able to get my relative some monetary relay, but was also able to negotiate with his insurance company so they would not raise his premiums, seeing as it wasn’t his fault to begin with. Since then, my obviously elated relative has been going around recommending the services of the car accident lawyer to every one he knows. That’s how I heard about the guy and if I needed him I would use him.
But remember, like most other legal issues, using the services of a car accident lawyer can prove to be a double edged sword. If you are victorious and that’s fantastic. But if you happen to lose your particular case, remember that you will be on the hook for financial payments rather than the one receiving compensation. So evaluate your chances before you whip out the phone book and ask for a car accident lawyer.
By: Morgan Hamilton
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May
6
American Hegemony
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The nineteenth century - “the Victorian age” - effectively began in 1815, with the Battle of Waterloo, and ended in August 1914 with the outbreak of the First World War. During that 99 years, the British with their enormous navy and vast overseas possessions, maintained a kind of hegemony which insured almost a century of relative peace in the world and an expansion of free trade that reached its pinnacle at the turn of the 20th century and has not been matched since then.
By the 1880s, the British had lost economic supremacy to the United States and Germany, and then were severely weakened by the carnage of 1914-18, resulting in a power vacuum such that the twentieth century is already looked upon as the most destructive period in human history. Germany’s challenge had failed by 1917 both on the high seas and in the trenches of Flanders, while the United States maintained its isolationist stance, but the British were nonetheless forced off the Gold Standard and unable to influence the rise of fascism in Italy and Germany. With no one at the helm the world drifted towards disaster.
Protected by two oceans and with colossal economic potential, the United States recovered from Pearl Harbor within six months to smash the Japanese carrier fleet at the Battle of Midway, effectively putting the Japanese into a defensive position from which they were never able to recover. In the European theatre, the German military machine was crushed between Russian armies in the north and east, American and British armies in the south and west, with the great bulk of the fighting falling on the Russians. Although the British Empire survived the war intact, that 500-year saga had effectively come to a close, and in the next 30 years the British entirely dismantled that empire which had once encompassed about a quarter of the world. As Europe lay in a kind of devastation not seen since the Black Death in the first half of the fourteenth century, the Soviet Union and the United States challenged each other for hegemony of the world, a struggle that ended in 1989, marked by the collapse of the Berlin Wall with complete victory to the United States. This event marked the effective ending of the dismal twentieth century, at the same time the shortest and the bloodiest century in human history. It is from that legacy that the world today is recovering.
How is the United States doing as the hegemonic power? As a military power it is wholly unrivaled and indeed unchallengeable. The United States operates eleven carrier battle fleets, each of which constitutes a greater concentration of destructive power than all ordnance expended in World War II. Unlike the British who only ruled the waves, the United States rules all the oceans and the whole of the world’s airspace. How many carrier battle fleets exists in opposition to America’s eleven? The answer is none. In addition, the United States continues to maintain a nuclear arsenal more than adequate to destroy human civilization as we know it, because in an interdependent world the use of nuclear weapons would indeed be a shock as disastrous for the perpetrator and for the victims.
Yet accompanying this unparalleled military might, there are signs of weakness that give cause for concern. The United States has become the world’s largest debtor nation, in marked contrast to the nineteenth century British who always maintained its position as a net exporter of capital until the start of World War I. Two-thirds of the US economy relies upon consumer demand, and the goods that the consumer demands are overwhelmingly now manufactured in Asia. Wal-mart estimates that six out of every seven items sold in its stores are manufactured in China. General Motors recently announced plans to layoff another 25,000 workers, and Moody’s recently lowered Ford Motors borrowing capacity to junk bond status. The People’s Republic of China, a supposedly communist state, just bid to purchase Unocal. This trend will continue. Notwithstanding strategic concerns, foreigners now own so large a percentage of U.S. government debt that American control of its own destiny is in jeopardy. The United States remains preeminent in some areas, particularly computer software, chip design, and of course military hardware. But the manufacturing center of the world is now Asia, particularly China.
Meanwhile, the nations of Europe have accomplished what amounts to a peaceful revolution of world importance. After ceaseless fighting each other since time immemorial, in 1945 the heartland of Europe lay in ruins. It seemed as if the Europeans had finally done it to themselves once and for all. The rebuilding of Europe into a semi-coherent political body and functioning economic body has been so successful that today’s European Union, consisting of 25 nations with as many or more different languages, is today a slightly larger economy than the United States, in spite the fact that nearly all European countries are socialist. Notwithstanding the recent “no” vote of the French and Dutch on the next stop forward toward political unity, no one in Europe is suggesting taking a step backwards, and the forward progress has been very remarkable indeed. It is today as inconceivable that France will go to war against Germany as that Idaho will go against war against Nebraska.
The United States maintains 725 overseas military bases. Yet it is encountering increasing difficulty in maintaining its far-flung commitments. As historian Niall Ferguson wrote recently [Colossus, 2004], the United States suffers from three deficits, a manpower deficit, an economic deficit and an attention deficit. The military is having difficulty maintaining even its commitment in Iraq, with numerous units required to serve four or more recurring tours of duty. Politicians are starting to call for a return to the draft.
Americans have always tended to be inward looking with isolationism as a respected attitude, understandable considering the massive size of the continental U.S. This is neatly illustrated by comparing two different songs, the American anthem with its refrain “From sea to shining sea,” with the English song “Rule Britannia, Britannia rules the waves.” The different perspectives are unmistakable. Yet the United States shouldered its worldwide commitments, starting with its extraordinary success in World War II, followed by its long commitment to confronting the Soviet empire, leading finally to today’s hegemonic status. It is of great interest to world civilization that the United States uses its “term in office” to the best possible effect.
Today the world has shrunk while the population has soared. It took nearly complete destruction for the Europeans finally to conclude that the day of the nation-state is effectively over, and that the only way forward is closer and closer cooperation. That also is the only way forward for the entire world, because serious fighting in today’s world is increasingly like fighting in one’s own backyard, and with today’s weaponry this is risky indeed.
That is why it is disturbing to notice the current U.S. trend back into a kind of isolationism in terms of international cooperation. American withdrawal from the Kyoto Treaty evidences an ostrich-like attitude towards the world’s accelerating environmental problems. The catch phrase “The economy comes before the environment,” poses an entirely false choice - not only the economy but our entire lives are embedded in and dependent upon preservation of the environment. Disdain towards other nations, withholding of United Nations dues, refusal to recognize the International Criminal Court, outright rejection of the International Land Mine Treaty, and a host of similar isolationists decisions bodes ill for a country whose very economic system is heavily dependant for viability upon foreign investments.
All the problems that we face both as Americans and citizens of the world are manmade. The United States is the hegemonic power of the world for the foreseeable future. It remains possessed of massive resources, its people have immense energy and resourcefulness, and it is still in a position to exert tremendous influence on the outcome of world affairs. But does it have the will to do so? An isolationist mind-set is no longer an option because everything the U.S. does or fails to do has repercussions worldwide. All of us have to start thinking both internationally and holistically. International lawyers may have a vital role in the next twenty-five years.
By: Charles Parselle
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May
4
Prepare Legal Basics Before You Dive Into International Business Expansion
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Handling small scale Businesses with a little number of shareholders have limited liability in terms of law regulations. Because the sole proprietorship does not have any separate legal entity for holding liability for the business’s debts. But once you go ahead to take your small business International, the process could be quite serious and complicated too. As a global expansion plan Export and Import, the two major processes of international business transactions are going to be the subjective issue in most cases you have to deal with.
What to Know about Import Export Law?
While doing business in another culture with different rules, politics and traditions, you are governed not only by U.S. laws, but also by the laws of other countries. Whether you prefer trading through FDI (Foreign Direct Investment) or export-import you have to do business properly for which licensing from US federal government is a necessity. An experienced business law attorney would suffice your requirement for smooth operational flow in such case.
Exporting:
You need to collect export license for goods like chemicals, software, electronic devices, and computer components. Various agencies under US government issues these export licenses. Since exporting helps in creating jobs for American and justify the trade balance too, Federal Government will help you in this case. The help can be extended in other ways as well as follows:
• The National Trade Data Bank will deliver business leads
• The Department of Commerce can alert you for export finances, political risk insurance and other international trade issues.
• The Export Legal Assistance Network would provide you source for good lawyers.
Importing:
The law enforcement on importing is being monitored by U.S. Customs and Border Protection (Customs) division of the Department of Homeland Security. Every importer has to learn the rules of bringing goods to US for sell. This policy is called “Informed Compliance”. The law will ask you to go by the customs applicable. According to informed compliance the importer carries every burden from seizure of goods to severe civil penalties. Paying custom duty in full is mandatory. Depending on the negligence of underpayment or fraud or refusal of liability, penalties can be draw upon which can make your custom duty 2 to 8 times higher leading to loss of revenue.
You need to pay taxes or duties for anything you import. Depending on the country favorites, the duty may get varied. While the duty rate may get reduced for such occasion, it can also be completely forbidden altogether for political reasons.
Foreign Investment and International Contracts:
Typically Foreign Investments carries enough risks with the hope of earning profits in different country. So you need to understand the cultural and legal climate of the country before investing.
For International Contracts the possibility of disputes is high. Because the contracting partners like manufacturers, agents, distributors are hardly controllable. Whatever be your responsibilities there always set out clear instructions in writing among the parties and collect every detail of your trade profiles.
By: Andrew M. White
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