Category: legal


The Best Advice on Lifestyles I’ve found

August 17, 2018

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How to Enhance Community Service

You will learn that community service is an integral part of any given society. It will often make the participating member to be actively involved in the progress of the community. A good number of people have opted to be involved in this service. You need to keep in mind that community services will not always be voluntary. This engagement is due to the profound benefits witnessed. It is however necessary that we understand what makes this whole engagement quite effective. Here are some of the top reasons that make this involvement to be a great success.

There has been an urgency to come up with services that were previously not in existence. Choosing to expand the scope of services offered will often come with a level of desired gratitude. You will thus be needed to find people and resources that will make this a success. It is important that you conduct an extensive analysis to unbridle the needs of this community. This will make it easy for you to plan an intervention or even an initiative. It is through this that you will be able to come up with a good organization to counter the challenges noted. You will have the freedom to go for any role that you find to be suitable. The primary focus needs to be how to address the problem at hand.

Some have also chosen to make the current services being offered more effective. You will learn that this can be brought about by creativity. Improving of the existing services will in most cases be met with very little resistance. There will however be a level of opposition. This is due to the fact that complete change will in most cases be very hard for a good number of people. It is necessary that you discuss with a few people consultatively such that the sharing of ideas is done before the final implementation. This will help in making any relevant adjustments so as to make the transformation smoother. It is necessary that you keep in mind that this process might take quite a while.

You will also find that widening the scope of these services will often allow the service to reach more people. This will actually be valued by so many people. This will however need more funding. This will in most cases lead to making the services widely acceptable or even increase the access to the services. There is a need to make sure that there is proper coordination. It will often ensure that the whole system is seamless.

Finding The Best Legal Resources And Services

August 4, 2018

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Injuries that are the result of an accident or mishap are often a more serious matter than many victims might realize. Even seemingly minor injuries can result in considerable expense due to medical costs, lost wages and other concerns. Working alongside a qualified and experienced attorney can ensure that those who have been involved in an accident or who have suffered harm are more likely to obtain a successful ruling or verdict should they elect to take legal action.

Filing a suit or claim can be a complicated undertaking, especially for those who have little to no experience in dealing with the legal system. Sitting down with a professional in order to discuss the nature and circumstances of an accident is often the first step in ensuring that effective action can be taken. Those who elect to work without assistance or who choose to settle for the services of a lesser attorney could be missing out on much more than they might realize.

Prompt action is often required in order to ensure legal efforts are more likely to produce a satisfactory result. Failing to act swiftly, putting off or delaying the process or discounting the importance of seeking effective legal services and representation at the first opportunity can all prove to be very costly mistakes. Prospective clients who choose to retain the services of a professional attorney without delay may enjoy greater advantage in their future efforts.

Not every firm, service or legal professional may be able to provide the quality and range of services that clients may require. Dealing with an attorney who lacks the right background or who may have only limited experience may prove to be a far greater misstep than many clients might have imagined. Ensuring that they will be working with only the best attorneys and services is one concern that accident victims and those who have suffered injuries should never leave up to chance.

With so many different service providers, firms and options to choose among, just knowing where to begin the search for an experienced attorney can seem like an overwhelming undertaking. Lacking a clear picture of the options and choices that can be found may leave prospective clients overlooking resources that may be better suited to their situation and needs. Conducting a little research may ensure that more effective decisions can be made.

Online information is often very helpful for those seeking legal assistance. Spending a few minutes online is often all that is needed in order to discover new options or begin comparing different choices. Failing to outline their options or to assess what each has to offer is a common mistake that has left many clients unable to take advantage of the superior services, resources and assistance that only the best legal professionals may be able to offer. Making the correct decision when it comes to selecting an attorney may be of paramount importance.

Scheduling a formal consultation is a very important part of the legal process. Sitting down and discussing a the details of an accident and the injuries suffered may provide clients with a wealth of useful information. Getting a better feel for what an attorney has to offer can also be essential for ensuring that the right legal assistance is able to be found and selected.

Dealing with the wrong personal injury lawyer can be a much more serious mistake than many clients might have imagined. Legal professionals who lack the skills, understanding and resources needed to better assist their clients may prove to be little more than a liability in the days ahead. Seeking the assistance that only the best firms and attorneys can provide ensures that clients will be better equipped to deal with a legal case, suit or proceedings.

Careful Analysis of Different Case Situations

August 4, 2018

legal

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Legal situations are complex and unique in nature. The identical circumstances in different cases may be reflected in a distinctive way. Why is that? The different points that are argued during a case proceeding are based on the ability of the legal team to smartly tilt the proceedings in the favor of their client. The interpretations of different aspects that emerge in the course of a legal trial affect the outcome of the case; is it knowledge or the experience?

The validation of different points in a case proceeding justifies the rationale of the argument. The judge listens closely to the arguments made by the parties. Every action must be properly outlined within the scope of the law. The existence of proofs and how it relates to the reality of a particular case will highlight the effectiveness of a lawyer. This is the high voltage situation and the legal team that you hire is basically the link that may either strengthen or weaken the case. It is the ability to control the different parameters of the argument in a legal trial.

Determination along with diligence is a critical success factor in controlling the nitty-gritty of the case. The quality of argument will vary from one case to another, however the authority with which the legal team can present the case of their client will offer better reflection of their action in a particular situation. This requisite having the skills to professional exhibit the circumstances in a rational way; do justice to your choice of selecting the legal team that can be of all-embracing support. The authenticity in relationship always produces positive outcomes.

In life we are all dependable on others in some capacity. However the quality of dependency is also vital. In the realm of law, you depend on your legal team to take you out of troubles circumstances. This relationship is built on a very delicate thread. The ability of the legal advisor to design a relevant risk perception model is highly influential. This is only doable when an expert is handling your case. You need to see the broader picture of the situation and choose the most favorable solution.

In business situations, the legal team is more than simply advising the management in making rational decisions. Sometimes the technicalities of the issues are better understood and interpreted by a legal expert. The blurred vision can be highlighted and all the gray area can be removed by a legal expert.

You are the judge of your situations and the issues that are haunting you. High quality legal assistance is necessitated, since many things are at stake. It is all about setting the right priorities for the client. The value that you seek from legal support is reflected on the outcome, isn’t it? Learn to be appreciable in having the right type of service that can help your cause.

When you are in deep trouble and nowhere to go, the legal advisor and advocates can construct the right path for you. Your legal situation must be expertly provisioned within the scope of the law. All the finer details must be effectively presented that can reinforce your case. An excellent legal assistance helps the client to toughen up in facing any outcome. The court will look for approval of your innocence through the eyes of law. The eyes that closely monitor your case must be immaculate. Any point missed can be detrimental for your cause. The ability to firmly defend the client is a foremost task of the legal team. The quality of an efficient legal team can be determined by their past record. It can reveal a lot about their ability and skill to offer customized results to their clients.

The possibilities are numerous in law. Ranging from everyday issues to more complicated business situations can be determined by the law. But how will it be resolved and in which capacity? The observation of the different situation and the related awareness of different sensitivities that surround a specific legal situation must be closely studied. Who will carry out the aforementioned activities for you? Your legal advisor and how far the positive outcomes can be established is a matter of observation. As legal advisor and advocates are expert in legal matters therefore they will establish the pragmatic parameters for your legal case to fortify your claim in dealing with varying situations. Relive the realities of life with the support of a professional legal team. In life many situations are uncalled for; you need to make necessary adjustments to shun away unnecessary circumstances.

The Rise of High Calibre Law Tutors

August 4, 2018

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Law tutors, especially those involved in LLB tuition, are in increasing demand. University law students often find their LLB law degree challenging and many have found that an effective way to both learn, and later to revise for the LLB is to hire private law tutors.

Private law tutors are successful at what they do because of the nature of the LLB syllabus. The LLB syllabus is fixed by its core subjects and while each university may focus on different aspects of the law, most of what is taught is the same. Thus your average tutor is equipped to teach students from all kinds of different universities once he has learned contract law, tort law, equity etc.

This success has been further propelled by the increasing popularity of online law tuition, which allows law tutors to spread their services abroad. An online law tutor is able to massively increase the number of clients who need tutoring by reaching out abroad.

There are some law students, however, who are not satisfied by your average tutor. These students want guaranteed success in their examinations and therefore will only want to be taught by the best. This has created demand for a new breed of law tutor: the super tutor. This new breed includes 1st class Oxbridge graduates, trainee barristers and academics and they ply their trade by emphasising their professionalism, teaching experience and academic qualifications. They excel not only at teaching students the basics in their degree but can also challenge them to explore theoretical issues and to delve into complex debates.

Some are concerned however that these tutors will create a growing educational divide between the rich and the poor. This is due to the fact that with higher quality comes a higher price tag. This can be seen for example from the fact that some tutors have charged up to £100 an hour – a fee that only wealthier students are willing to pay for. If a better legal education leads to better jobs and therefore better incomes, it is not too far fetched to imagine that private tuition may consolidate pre-existing income inequality.

On the other hand there are those who argue that schools and colleges already do that and that private law tutoring in fact increases social mobility. This is because anybody, regardless of their race, sex or class can potentially hire a LLB tutor. Private persons, unlike organisations and institutions tend to only care about one thing and that is the wallet off their customers. Tutors can therefore provide high quality education around the country regardless of their client’s background and play a role in spreading educational hotspots.

Where, however, are such services to be found? Professional law tutoring is unlikely to be found on general tutoring websites. Instead, attention should be cast towards law specialised tutoring services. These services are to be preferred because they often involve a more extensive vetting procedure which can guarantee the experience, qualification and professionalism that clients desire and need. Many of these services will for example interview potential tutoring candidates first and even assess their academic ability. Further, such services also tend to offer more protection to consumers in the form of their refund and cancellation policies.

Legal Disputes of the Future

August 4, 2018

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Who owns food? Who pays for this accident? Who owns my face? Who owns the Arctic? Who owns the Pacific Ocean? Who owns the sky? These sound like some ridiculous questions at first glance but let’s take a second look at the future through the Great Karnak’s trusty crystal ball.

Who owns food?

Let’s start with this one, since it has, more or less, already taken place. A small landowner in Nebraska named Bill parks his tractor in the shed after a long day of work in the fields. He wipes sixteen hours worth of sweat off his brow while he opens his mail. All bills. Two men in dark suits approach him at the front door and hand him a subpoena. The farmer opens the subpoena, quite surprised to learn he’s being sued by a major U.S. corporation for copyright infringement. It’s a huge settlement they’re after – in the millions. He doesn’t have one tenth of what they’re asking in damages. Since he sits on a tractor most days, he hasn’t got the faintest notion how he could be named in a suit for copyright infringement. He’s certain they’ve got a case of mistaken identity and places the document at the bottom of a pile of correspondence, making a mental note to consult his lawyer about what to do with the nuisance suit.

Rest assured, it’s no mistake. The large U.S. corporation spent millions in developing a strand of DNA for corn that is resistant to a pesticide they also own. When you buy their corn seeds and use their pesticide for your crops, you’ll get excellent results. They copyright the strand of corn DNA they worked to develop. To protect the investment in DNA research they hire over seventy-five corporate lawyers to aggressively prosecute copyright ‘thieves’. They have to establish a legal precedent that attracts a lot of publicity; they intend to branch out into other food stuffs, such as eggs that last longer on the shelf, wheat that produces heavier grain, chickens that add weight quickly, beef that responds to their brand of steroids in cattle foods. The list is endless, and it’s all going to be done by protecting copyrighted DNA strands.

Bill consults his country lawyer about the suit, explaining that he has stolen nothing in his life from anyone. The lawyer does a bit of researching and discovers he’s opposed on the brief by some of the best legal minds in history, paid for by a Dow Jones multinational. He first explains to the multinational that his client doesn’t know how the patented corn seed got into his fields. Possibly the seed cleaning company that strips seeds off Bill’s corn for next year’s crop has intermingled patented seeds with his. He tries to offer a settlement but this is not what the corporation wants. They want a trial. They wish to establish for the record that they’re prepared to sue if anyone grows their corn without paying them for the seeds.

Bill and the country lawyer lose the case which costs him more than he can pay in damages and legal costs. He appeals. The appeal also loses right up to the Supreme Court since copyright law is sacrosanct in the U.S. Intellectual property, in this case a section of DNA, is property protected by the highest court in the land. Bill’s house, farm and equipment are sold at auction to the highest bidder, and the proceeds given to a multinational worth more than a quarter trillion in market cap. The proceeds don’t cover the cost of one of the lawyers for one year, but they’ve earned an important victory – they own food.

Who pays for this accident?

Late June, 2016. A new electric car with one occupant is proceeding along a Florida highway within the speed limit. Up ahead, a tractor trailer crossing the pavement at an intersection blocks the way. The driver, who has the vehicle on ‘auto-pilot’ is reading work-related files and doesn’t see the upcoming collision; he trusts his car will react properly and put on the brakes, as advertized. The software or hardware on the car malfunctions, the result is that the car smashes at full speed into the trailer blocking the road, disintegrating the car and killing its occupant.

Within hours of learning of the crash, the vehicle manufacturer issues a statement: ‘Neither the auto-pilot nor the driver saw the tractor trailer in the blinding sun’, trying to diminish responsibility by including the driver’s inattention to the road. A sharp lawyer advises the family of the deceased to sue, since, by definition, he was not the driver; the car company’s software was driving. The driver of the tractor trailer is found blameless because it was possible to avoid the accident, just as every other vehicle did in this situation.

The impending lawsuit sends shivers down the corporate world’s spine. Will they be forced to halt production of their cars? Offer compensation in the billions as GM or Ford experienced? Will it affect future car sales? Will there be expensive recalls? Their very survival hangs in the balance on the outcome of this legal battle. The car company uses as its indemnity the disclaimer every software user accepts before they can switch on the ‘auto-pilot’. Use at your own risk, they say, just like all software. If a calculator gives you the wrong answer, is the calculator manufacturer to blame if you make a wrong bid on a billion dollar tower construction and lose your shirt because of it? No, it’s the user’s responsibility to check all calculations.

Not so fast, says the family’s lawyer. I present to you as evidence sales material from the car company showing people in these cars on ‘auto-pilot’ busily reading files related to work, texting on their phones, eating sandwiches and coffee, streaming movies. The company has promoted the auto-pilot as reliable, in fact more reliable than humans. The manufacturer, in order to sell the product, has accepted the responsibility for the safety of its passengers, or users, by heavily implying that users can relax while the software guides them safely to their destinations. It’s the car company that killed their client, no one else, by encouraging the car buyers to trust the software to the extent that they don’t have to pay attention to the road ahead. Why else would you buy it?

Insurance companies are prepared to fund the legal challenge to a successful outcome. They want a clear definition of who’s at fault before they begin underwriting any more policies. Driverless car manufacturers are rushing headlong into the intersection of Lawyer and Technology Streets with their eyes closed. Keep watching this space, you’ll never see a bigger smash-up.

Who owns my face?

Brad Pratt is a famous movie star. His wife Angie Groaner is too. They’re fed up to the teeth with being filmed by paparazzi. Brad is filmed in public toilets. Angie is filmed at the doctor’s office. What gets them most upset is they’re captured on film with their kids. They don’t have a moment to themselves, not even after they move from the U.S. to the outskirts of London, England. Every time they walk past a newsstand they look the other way so they don’t have to read headlines about themselves in stories they didn’t sanction. Angie especially deplores the stories depicting her children as alien babies. Paparazzi invade their lives every waking, sometimes not waking, moment.

That’s the price of fame say the news organizations. Bullpoop, says Brad, and I’m going to come up with a way to stop it. Unbeknownst to the so-called ‘news’ media, Brad and Angie consult with the best legal minds and come up with a solution: trademark their faces.

A trademark is the copyright of an image related to the conduct of business, and since Brad and Angie’s faces are their business (worth millions), they’re well within their rights to trademark their mugs. They take a 360° view of their faces and deposit them with all the necessary paperwork at every major trademark registration office throughout the world.

They can’t wait for their first lawsuit to prove the concept. Soon, a tabloid prints the story, ‘Brad and Angie Have Alien Twins’. The photographer and Celebrity Ogler are served with an invitation to attend court in every country in which they publish.

The photog is a nobody with a camera. He’s paid up to a quarter of a million dollars for candid shots depicting Brad on the toilet or Angie in a dress shop changing room. He explains that Celebrity Ogler paid him to take these pictures on a spec basis. The more revealing and damaging the photo, the more they get paid, so anything goes, regardless of the rules of common courtesy or decency.

The publisher, Celebrity Ogler, claims that the two famous people made their millions by being in the public eye, and if it weren’t for news and tabloids, the couple would be living in anonymity. They benefited from free publicity for their rise to stardom and now it’s simply inconvenient to them. They also argue in most countries, it’s their constitutional right to publish news stories related to anyone, regardless of their position in society. What if they were guilty of murder, could we be prevented from displaying their pictures on newspapers?

Pratt and Groaner’s legal team argues that their trademark, central to their business of making films, has been used without their permission and that both the photographer and the publisher have profited using someone else’s copyrighted image. These magazines are not reporting ‘news’; they rely on sales of their tabloids based on the already established popularity of their subjects. Now that they have trademarked their faces, the defendants have profited off someone else’s popularity and their image.

The court rules in favor of the plaintiffs. They’re awarded damages and any further use of their trademarked images can only be done by permission. It will be a very long time before Pratt and Groaner give permission for strangers to take their picture. A new business for trade-marking faces is spawned.

Who owns the Arctic?

In the 1850’s a British expedition to find the Northwest Passage through the Arctic Ocean goes missing for over a hundred years. Fast forward one hundred and fifty years. Due to global warming the ice pack has melted and it is now possible to sail year round through the Arctic Ocean.

Oil is discovered outside the new economic exclusion zone and Canada protests the invasion of oil drilling wells from the U.S., taking the case to the World Trade Organization and the United Nations. Canada claims sovereignty of the Artic to the North Pole. The U.S. says, ‘See you in court. No one can own an international waterway.’

Who owns the Pacific Ocean?

In a mirror image incident in the Pacific Ocean in international waters off China, barges filled with earth drop millions of tons of rocks and slurry to create a small land mass. The Chinese fill enough of the ocean to create a tiny island in the Pacific large enough to plant their flag. They then declare an economic exclusion zone of two hundred miles in all directions and begin drilling for oil.

The American navy sails through the disputed waters. Certain of the rightness of their cause, China begins sending belligerent diplomatic notes of protest to the United States and the United Nations. The U.S. does not recognize their sovereignty in an international waterway by the artificial creation of a land mass. The Chinese are ready to start a war and take pot shots at the U.S. navy in what used to be international waters. Tensions come to a boil before the case can be heard in international courts. The Chinese threaten to begin a war with the U.S. over the issue.

The U.S. responds by entering trade agreements with India and setting up manufacturing facilities for a wide range of consumer items, directly competing with cheap Chinese labor. Twenty years after the shift to India, the U.S. and its allies block all further Chinese imports.

Who owns the sky?

Fred and Harriet are having dinner in their isolated country home. They’re having Fred’s favorite recipe – Mulligatawny soup. An object crashes through the roof and kills the couple outright. Upon investigation, the object belongs to Grooble, a technology firm developing driverless cars. One of their satellites, while repositioning itself to a new orbit, received an incorrect set of coordinates from the controller and crashed back to earth, landing on hapless Fred and Harriet, and the soup tureen. The pieces of wreckage found clearly indicate the ownership of the fallen satellite. Fred and Harriet’s heirs file suit.

The ownership of a piece of land includes the space above and below it, with no defined limit. If you wish to build above the land five hundred stories high there can be no legal objection to it. The plaintiffs argue that their property rights are infringed at any altitude and Grooble was encroaching on the couple’s right to ownership of their property, even though the satellite might have been hovering six thousand miles above them. Since the satellite owners accept the premise that the hardware might malfunction for any number of reasons and come crashing back to earth, they knowingly encroached on property they do not own.

The Grooble Corporation argues that international agreements have determined space (defined as 62.5 miles altitude) to be outside the purview of local property laws. The heirs of the property owners claim that once the satellite re-entered the atmosphere, it was no longer subject to the laws that govern space and are therefore seeking damages afforded them by local property rights, the same as they would if an airplane dropped on their house.

Looking back we find it hard to believe some of the cases that were heard to defend people’s rights and property. The Scopes trial of the Twenties comes to mind, which defended an educator’s right to discuss evolution. A divisive question for its time, a mere ninety years later, it’s almost irrelevant, replaced by the new issues that arise with the advent of technological discovery. The conflicts these new challenges create will burn brightly in their time, setting one against the other in tumult and violent upheaval until, just like all issues, the unveiling of new eras and new civilizations will make them pass into irrelevance. But is mankind now changing too quickly to adapt to new situations? For instance, will we pollute and kill all marine life in the oceans before we can develop legal frameworks to stop it? Will a country poison the atmosphere for the rest of the world? Will nations figure out a solution to global warming before it’s too late? Will DNA continue to be copyrighted preventing food from being grown by private citizens in times of starvation? Will space be cluttered with so much debris as to make it unusable? Legal disputes of the future are extremely difficult to predict but their outcomes greatly impact our societies.

Learn The Effectiveness Of Employing Adept Lawyers

August 4, 2018

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Legislature, marriage decrees, legitimate education rules, guidelines of doing business and infinite other reasons are responsible in creating a definite legal functionality of every other region and Nation. Entire universe comprised with sophisticated human beings are enveloped with certain set of lawful measures. Purpose of which is, to amalgamate life with systematic methodologies and delivering assurance that the world around us remains truthful and honest.

Attached with such diversified objectives, it is quite clear and evidential that the laws, Acts and bylaws would also be extensively wide by every means. No wonder, requirement to adhere-by the same has to be helped and aided by professional experts. Their immense knowledge and experience comes with a guarantee that any sorts of legal hassles or need to take some lawful measures at some stage or the other gets executed in a most constructive way.

Behavioral pattern of the social institutions has to be evaluated and administered in a constructive and resilient way so that, the dignity of regions remains intact. Moreover, in the course of such maintenance it can’t be forgotten that laws and its decrees differs from one nation to the other. In this context, to seek for pillared support from adept lawyers and attorneys is a must. With their responsible job role, any sorts of legal hassles can be dealt with dynamic and favorable best results.

People of this age and time are intelligent enough to belief in something that has got its appropriate approval. That is the reason why, above mentioned acclamations needs an authentic and truthful consent. Henceforth there can’t be any other reference other than the discovery and implementations of FDCPA or Fair Debt Collection Practices Act. For a longer time period defaulters was suffering with unsupportable mental trauma and depressing situations brought by collection agencies of respective creditors. Problematic circumstances at employment places were also common for them. This in turn has enforced the essential need to develop an effective and justified Act mentioned above. This in a way has assured that both registered creditors and their debtors can obtain a respectful and courteous mode of debt settlement in a faster and transparent way.

Above mentioned domain is not the one and only field where the effective role of these gem legal assistants can be found. Their role is also observed at:

  • Medical collections
  • Commercial collections
  • Civil Rights
  • Company formation
  • Subrogation
  • Adaptations
  • Family laws, etc.

There are numerous candidates suffering with some reason or the other under these aforesaid platforms. These entire widened and complicated provinces can be finely set-free from any sorts of hassles. If the guidance and assistance gets fetched from adroit lawyers or attorneys in this respect, outcome is assured to be effective and at the same time resourceful.

Even a true follower of laws and bylaws are found to be victimized for some reason or the other. For them and several others, these lawyers are of magnum assistance. Working in similar filed over the ages, these legal service providers are well accustomed about the strategic steps that should be taken to serve respective clients with best possible results. Eventually a person in need gets assisted with a constructive and at the same time respectful outcome.

The Origins of Modern Day Bankruptcy Law

August 4, 2018

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Article 1, Section 8, Clause 4 of the United States Constitution provides:

“The Congress shall have Power To… establish… uniform Laws on the subject of Bankruptcies throughout the United States… ”

This authority granted under the United States Constitution enabled the Congress of the United States to establish Bankruptcy Courts and establish uniform Bankruptcy Laws.

The origin of United States Bankruptcy laws dates back to sixteenth century English Law. Famously, Debtor’s prison was the norm at that time. In fact, in 1705, the English Parliament drafted a Bill making the bankrupt’s refusal to cooperate a capital offense.

Society utilized a system of coercion to incentivize borrowers to repay their debts. But coercing debtors to be honest and cooperate with divergent creditor interests proved a failure, instead incentivizing fraud amongst debtors seeking avoidance of harsh penalty.

Attitudes eventually changed overtime upon practical realization punishment and imprisonment of debtors was of little benefit to creditors, and upon understanding better results would occur for both Debtor and Creditor in protecting Debtor’s assets and income streams to maximize payoff of creditors’ claims.

Thus, beginning in the eighteenth century, bankruptcy laws began evolving, recognizing the social benefit in protecting debtors and their assets, permitting debt discharge as a reward for debtor cooperation assisting towards reducing claims of creditors. Modern day bankruptcy was born.

The United States Constitution granted Congress power to establish uniform federal bankruptcy laws in 1789 and the first Bankruptcy Act adopted by congress was enacted in 1800. Initially, the emphasis was creditor relief over debtor protection. Debtor voluntary bankruptcy filings were not permitted. The early statutory schematic was an offspring of the early bankruptcy laws of England, where harsh penalties and punishment of debtors who sought to avoid financial responsibilities was the primary premise behind this legislation.

But the a philosophical debate began over whether bankruptcy laws should be designed to protect the debtor or the creditor, eventually enabling modern society to recognize the symbiotic relationship between debtor and creditor and the need to protect debtors to maximize payout for creditors. The passage of the Bankruptcy Act of 1841 offered debtors greater protections and permitted voluntary filings for relief; and the Bankruptcy Act of 1898 established bankruptcy courts and provided for bankruptcy trustees providing an even playing field for debtors to protect their assets and income from ad hoc creditor collection action, enabling preservation and enhancement of the debtors estate assets so creditors could receive a higher repayment.

Public sentiment also began evolving towards debtors. Beginning in the eighteenth century changing attitudes inspired development of the concept of debt discharge where Courts nullified debts as a reward for debtor cooperation in trying to reduce them. The public viewpoint also realized most circumstances befell upon debtors were beyond the debtor’s control – unexpected dramatic market movements, illnesses, crop failures, etc. Public sentiment began viewing the debtor’s plight with greater sympathy, as well as recognizing imprisonment and punishment was useless to the unsatisfied creditor. Thus, it was recognized encouraging resolution of monetary obligations through a forum of bankruptcy protection worked towards the greater good of society.

Societal benefit is also achieved enabling debtors overburdened with debt to achieve a fresh start. The Bankruptcy Code enables Debtors to retain basic economic needs protecting homesteads, tools of the trade, and other basic essentials, while at the same time permitting discharge of indebtedness.

Permitted a fresh economic start, debtors can re-enter the workforce with a strong economic footing strengthened through lifting of burdensome debt caused by past economic failure.

5 Things to Consider While Building a Remote Legal Team

August 4, 2018

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The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you’ve been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

How to Find Good Legal Services Abroad

August 4, 2018

legal

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Advancement in technology has made it quick and easy to set up businesses abroad. Whether the business functions out of a brick-and- mortar office or a virtual one, doing business on an international level has become the norm. Conducting business in a foreign country entails familiarity with the host country’s laws. The legal intricacies of international trading could be quite challenging, and without the right legal guidance, a business owner may well end up paying penalties and fines, and saddled with legal hitches. What does it take to find good legal services abroad?

Areas of Specialization

One of the travails of establishments operating in a foreign country is finding good legal services. Lawyers usually specialize in one particular type of law, or other related areas. A lawyer may generally work on immigration cases, while another one may be a tax specialist. Note that there are lawyers who only render advice to their clients, and not represent them to actual court litigation.

General areas of legal practice include: personal injury, criminal law, tax, employment and family law. It is best to choose a lawyer that specializes in one’s legal concern and one that has a firm foundation in the laws of the host country.

Different Types of Lawyer

Foreign Legal Consultants may be classified as lawyers working for international law firms based in foreign countries. These attorneys may advise clients regarding the requirements and conditions of the host country’s law, but they may or may not be licensed to practice law in the country where they are based. If court representation is needed, a licensed lawyer in the country where he works is required.

Solicitors and Barristers are specialized lawyers who may be practicing in foreign countries. Solicitors generally do not represent clients in court, but advise them, and may put together legal cases for barristers to take to court.

Notaries usually do the functions of attorneys, but depending on the country they practice, their job description may vary. Notaries may draft transfers of property titles and wills. In some countries, notaries are Ministry of Justice appointees and may act as administrators in estate settlements.

Where to Find a Lawyer

Searching for a lawyer in a foreign country is no longer too tasking. Overseas embassies and consulates of most countries have listings of local lawyers who have expressed their willingness to assist citizens of another country. For example, an American in Thailand may go to the U.S. embassy and he will be furnished with a copy of local lawyers willing to assist a U.S. citizen.

There are international bar associations with local chapters that could help foreigners with their legal problems. Most of these associations and similar organizations have standing agreements with accredited members in other countries.

Law firms maintain websites. This should make it doubly easy for anyone needing legal counsel to find a qualified lawyer through this mode.

Law schools have credible law professors who may be practicing or may know a practicing lawyer in his circle. If the legal advice and drafts are needed, senior law students could handle these requirements.

Surely local contacts could refer qualified lawyers to meet one’s legal requisites.

Considerations When Selecting a Lawyer

Before settling for an attorney, there are several points to consider.

First, it is to your benefit to ask the lawyer in consideration his qualifications and experience. You may ask the lawyer’s strategy and plan in representing you. It is not impolite to ask how much his retainer fees are.

Do not hesitate to ask questions regarding your case. As your lawyer, he is expected to explain every plan and activity in a manner that you can understand.

Be very careful when turning over documents and money. Make sure that your lawyer understands and can tackle your legal concerns in a manner that is satisfactory to you. See to it that the lawyer-client confidentiality clause in the foreign country meets your expectations.

6 Winning Asset Management Strategies That You Need to Apply Now

August 4, 2018

legal

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Did you ever come across a beggar who was sued by a multinational company with a stocky lawsuit? We are sure you dint! After all, lawsuits are not consistent to those who have limited assets and simultaneously, it becomes a matter of concern for those who have hefty pockets. So if you fall in the league and have some substantial assets in your credit then wait- knowing these winning asset management strategies is recommended to you. Consider all the major money moves and implement them in your professional understandings.

1. Know your insurance:

Insurance can be your first line of defense against any form of legal obligation and litigation. If you are dealing with complex assets, then make sure to increase the limits of your liabilities. For instance, if you are receiving $5 million from a broker then ask your insurance manager to give you $5 million liability policy.

2. Recheck your decision to invest your savings in a joint account:

The state wise law might differ in this case, but it is recommended to keep your assets separate if you have a joint account with your spouse or a business partner. If you want to share the ownership of windfall with your spouse, then you can discussion your special case with a recommended asset protection attorney.

3. Beware from renters:

If you are planning to invest your income in a rental property, then make sure to create an LLC or a separate business entity to protect your assets. In case you are not doing this, you are indirectly giving unwanted advantage to your tenants who can then sue your rental property in any disgruntle situation.

4. Turn your informal partnerships to legal business:

The risk of informal partnership is someone similar to that of having a joint account. If you are a part of an informal partnership, then you are taking the responsibility and liability of your partner’s mistake too. Protect yourself with a legal and formal partnership and define your limitations.

5. Create a shield to your assets:

Whether you are running a small business or it is just a part-time engagement, take steps to turn it to a formal business entity so that you can protect it against any legal lawsuit. Legal experience can be a daunting experience… it can change your life like never before.

6. Understand the meaning of corporations:

You can divide corporations in two broad categories- 1) S corporations and 2) C corporations which are taxed differently and have different restrictions as far as ownership is concerned. Corporations are the best and the most excellent ways of protecting your assets. There are a few exceptions here which can land you in trouble, for instance, failure of paying payroll to the IRS, not separating your corporation from your personal assets, and so on.