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posted by admin on Feb 26

By Skye Liversea

Using a low cost divorce service instead of a divorce attorney, is often cited as the only way to keep a simple case simple, but keeping your divorce simple may mean you walk away with less than you’re entitled to. If you’re determined to go it alone, that’s a valid option if you seek the assistance of an experienced divorce attorney divorce coach. Do a search for divorce coach for ideas and information on how to locate a good divorce attorney divorce coach. But for most of us, in the majority of cases where divorce is inevitable, the assistance of divorce lawyers or divorce attorneys will be needed.

You want at least three essential qualities in a divorce attorney – experience, reliability, and a good attitude.

How do you find a good divorce attorney? Personal referrals have proven to be very effective when seeking a good divorce attorney. Ask your friends, colleagues and acquaintaces about their experience with divorce attorneys. Naturally, you’ll be wanting to find out about divorce attorneys from those friends and colleagues who have had personal experience with divorce attorneys, so look primarily to people you know who have gone through a divorce and whose circumstances appear to be fairly similar to yours. Ask them about their case, how they employed a divorce attorney, and how their divorce attorney worked out for them. Ask them how satisfied they were with their divorce attorney, and whether they would recommend their divorce attorney for others. Ask about the cost of their divorce attorney, so you have some general idea on the likely cost to you of retaining a divorce attorney for your divorce.

You should educate yourself to your rights through a consultation with a qualified divorce attorney. A divorce attorney can help protect you and your rights. Your rights and obligations during this time can easily be overlooked if you delay in consulting a divorce attorney. It only makes sense to be represented by a divorce attorney to protect your legal rights. Step one in the process of selecting a divorce attorney is to identify the type of case that you have. In order to do this, you need to select a divorce attorney who you can have confidence in throughout the divorce process.

Do a search for “divorce attorney free email case review”, and see what you can find.

Make sure you find a qualified divorce attorney who has experience and success with divorce law. Because your divorce attorney is (or at least should be) firmly in your corner, talking to him/her can be a very reassuring experience.

About the Author: Skye Liversea writes on various topics, including divorce related issues. For the remainder of this article, go to – http://www.article-portal.com/divorce-attorney.htm

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Link: Divorce Attorney – Finding A Good One

posted by admin on Feb 26

By David S

You’re sitting in your office when your secretary buzzes you and says you have a letter in from the mail. Upon opening it you realize it’s a request for electronic discovery. The opposing attorney is asking for your client’s hard drives, emails, phone records, tape backups, and other legacy media.

Do you know how to respond to their request? Do you know what is relevant or not to the litigation? How do you review and do productions on electronic discovery? What kind of software exists out there to help? And can’t you just give them paper and let them be happy with that?

So many questions, and not surprisingly, so many answers. To begin, you need to know what electronic discovery is before undertaking any kind of response. Electronic discovery is the term coined to indicate any information in electronic format that is passed between two parties for the sake of discovery during or before litigation commences. Such information can be electronic files on a hard drive, emails on a pda, server, laptop, or desktop, and voice and video recordings among other things.

Generally, most electronic discovery is centered on anything that could be paper, but is usually electronic. Emails, word documents, and excel spreadsheets seem to be the most highly sought after items in discovery. Whereas an attorney could get away in the past with printing out an email and handing it over the other side, these days that is generally not good enough. Email files contain what is called meta data which shows who sent the email, what time, who was cc’d and who was even bcc’d. It may even show what email servers sent the data out originally.

Because emails are kept in electronic format during the ordinary course of business, it seems only right to ask for it in the same format. There are many vendors out there that can assist with processing emails and electronic files for the sake of discovery and productions. Doing a price comparison won’t always give you the best solution for a service provider. Ask around. See who is doing a good job among other firms and who isn’t. Vendors will take the electronic data, process it by taking out the metadata and create what is called a tiff image and a corresponding data record linked to that image that you can search on. These vendors will even OCR the image so that you can search on the words actually on the image.

Computer forensic experts also exist and would be happy to provide consultation to the attorney who needs help in deciding how to handle this new realm of discovery. Such consultants are usually well versed in discovery requests and can assist in making your own discovery request as well.

Once you have received the electronic data from the opposing attorneys, you now need to review it. The same vendors who assisted you with your own processing can now process the opposing attorneys files as well. They will either process and give you back searchable data files for various popular litigation support software (Concordance, Summation, etc) or some vendors have hosted solutions available that are web based and allow you to do online reviews for relevancy, confidential, and other hot coding issues that you would normally do in your own office with paper.

Now that I’ve given a little primer on what electronic discovery is, don’t be alarmed if you are not up to date on everything. There is more than enough information on the web that will allow you to sink your teeth in and absorb this ever growing field of electronic discovery.

About the Author: Article written and provided by Article Authors for Electronic Discovery Center. A good source of reading about this field is http://www.electronicdiscoverycenter.com

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Originally posted here: Electronic Discovery: As An Attorney, Are You Prepared For It?

posted by admin on Feb 26

By Richard Romando

When a client files a claim for malpractice, it is the medical malpractice attorney’s job to secure him or her damages for the pain and suffering which resulted from a doctor’s negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state.

There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment.

Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered.

Medical malpractice attorneys must be aware of the specific medical malpractice “statute of limitations” governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice.

Oftentimes, in cases where malpractice attorneys are successful is producing compensatory and punitive damages for a client, malpractice payouts can reach into the millions or dollars, depending on how profound the suffering of the victim is determined to be. Obviously then it is in a victim’s best interest to procure a medical malpractice attorney who is well-versed in the malpractice laws of the state where he or she resides.

About the Author: Medical Malpractice provides detailed information about medical malpractice attorneys, laws, cases, insurance, statutes of limitation, and more. For more information go to http://www.e-medicalmalpractice.com and/or visit our affiliate site at http://www.growthink.com.

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Read the original here: The Role Of A Medical Malpractice Attorney

posted by admin on Feb 26

By Jeffrey Broobin

At present, many people have not planned for their potential incompetence. There are number of legal devices that are readily available to assist people in expressing their wishes in advance. Two of these devices include a Durable Power of Attorney for Financial Decisions (General Durable Power of Attorney), and Durable Power of Attorney for Health Care Decisions. A senior citizen may become permanently disabled due to a stroke, or a young adult might be rendered temporarily unconscious as a result of an automobile accident. In both of these scenarios, the trauma thrust upon everyone involved can be overwhelming, especially when interested parties disagree about how to handle the crisis. As with most things in life, planning ahead can help.

The two devices, Durable Power of Attorney for Financial Decisions and Durable Power of Attorney for Health Care Decisions, will be discussed separately.

A durable power of attorney, is a form of agency. The person who gives the power is the principal, and the person who receives the power is the “attorney-in-fact” or agent. “Durable” in this context means that the agent’s power will survive the principal’s incapacity or disability. As a resultDurable Power of Attorney’s, can be used as an alternative to guardianship in some states under certain circumstances, provided the principal executed the document before losing capacity.

As a general rule, a General power of attorney is also referred to as a Durable Power of Attorney for Financial Decisions, or simply a Durable Power of Attorney. A Durable Power of Attorney for Health Care Decisions is also a Durable Power of Attorney, but its authority is limited to health care decisions. In Kansas, both powers can be contained in the same document. Because these two documents convey such divergent authority to one person, many seniors choose a different person for each of these powers. The agent’s authority to act for the principal under a Durable Power of Attorney is based on the powers that the principal gives to her. Whether broad, general powers or limited, specific powers are given to the agent is completely determined by the principal. Among other things, the principal may delegate to the agent in the Durable Power of Attorney the authority to make deposits and withdrawals from his checking account, to file his tax returns, and to sell his home. There are a few powers, however, that the principal may not delegate. For example, the agent cannot prepare a will, vote, or seek a divorce on the principal’s behalf. In Kansas, the principal may grant a gifting” power to her agent, but this power generally must be stated with specificity within in “the Durable Power of Attorney.

Two primary methods exist to determine the effective date of an agent’s power under a Durable Power of Attorney. First, a Durable Power of Attorney may confer power to an agent at the time the documents are executed and delivered. A second method reserves the agent’s power until the principal has become incapacitated or disabled. Upon the occurrence of either of these events, the power springs into effect. This type of Durable Power of Attorney is labeled “springing.” Kansas law provides for both types in the Uniform Durable Power of Attorney Act. Senior citizens’ needs vary; therefore, no solution is best for all people. Many considerations will need to be evaluated in order to determine how the senior’s needs are best meet.

A durable power of attorney is revocable by the principal while he still has capacity. If the agent has a financial interest in the subject matter of the power of attorney, the power is generally irrevocable. Most senior citizens who execute Durable Power of Attorney’s are getting assistance with their day to day personal affairs and their agents do not have an ownership interest in the senior’s property which would preclude revocation. In addition, revocation can be by implication, in addition to, destruction of the document or express revocation by the principal.

Other modes of termination include: death of the principal or agent, occurrence of a specific event, qualification of a guardian, or the passage of a date of expiration. Generally, after the death of the principal, the agent of a Durable Power of Attorney may bind the principal using a Durable Power of Attorney only if she does not know of the occurrence of this event.

The agent binds the principal in accordance with the laws of agency. As a result, the principal is personally liable for contracts made by the agent on the principal’s behalf. The agent should follow the direction of the principal while the principal remains competent. The agent has a duty to act solely for the benefit of the principal, and if she does not, she is subjected to liability for her breach. Although this general principal is true, often the agent may not have any assets for which she may be held accountable. As a result, senior citizens are often advised to select a trustworthy person to be their agent. If the principal’s competency is in question, the agent may need to seek determination of a court prior to acting against the wishes of the principal, or she may be liable to the principal for breach of her fiduciary duty.

Kansas law does provide for the recording of any instrument which affects real estate. Recording, however, is not currently required by Kansas law. If the original Durable Power of Attorney was recorded, however, any subsequent revocation should be recorded. Some states do required recording of a Durable Power of Attorney that will affect real estate.

The Kansas statutes provide for a Durable Power of Attorney for Health Care Decisions. The same basic concepts explained above for Durable Power of Attorney apply to the Durable Power of Attorney for Health Care Decisions with regard to agency law, effectiveness, revocation, and termination.

The key difference between the Durable Power of Attorney and the Durable Power of Attorney for Health Care Decisions is the authority granted. The Durable Power of Attorney for Health Care Decisions specifically grants authority to the agent to make decisions about and relating to medical treatment. For example, the agent make consent to treatment, refuse to consent to treatment, or withdraw consent to treatment. In addition to these decisions directly about medical treatment, the agent may make all arrangements at any hospital or nursing care facility, employ or discharge care personnel, request, receive, and review any information about the personal affairs or physical or mental health of the principal.

As a contingency, it is recommended that the principal select a successor to his agent. The successor attorney-in-fact may be designated in the same document as the primary attorney-in-fact. If this does occur, the Durable Power of Attorney will continue, beyond the life of the primary attorney-in-fact, provided the successor is living and competent.

A complete discussion of statutory formalities, drafting, and various tax liability is beyond the scope of this summary. It should be noted however, that most states restrict who may be a witness to a Durable Power of Attorney or Durable Power of Attorney for Health Care Decisions, and some restrict who may be an Health care agent.

This overview of the law is for referenceand education only, and is no replacement for competent legal counsel.

About the Author: Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelper.ws

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See original here: Power Of Attorney And Planning Ahead Can Help

posted by admin on Feb 26

By Jeffrey Broobin

What is a Power of Attorney?

It is a written legal document that, in its simplest form, establishes a fiduciary relationship between two individuals. Essentially, it gives someone the authority to act on your behalf. The person that appoints a Power of Attorney is commonly referred to as the “principal” and the person that they appoint is referred to as the “agent,” or the “attorney in fact.”

Once a Power of Attorney is signed, the agent has the authority to make decisions for the principal. The Power of Attorney has to be created by a principal who has the mental capacity to understand what he or she is signing. This understanding must be demonstrated at the time that the document is signed. The authority granted under a Power of Attorney can either be broad or very limited in nature.

For instance, a broad Power of Attorney might give the agent control or responsibility over the principal’s entire net worth. On the other hand, a limited Power of Attorney only allows the agent to conduct specific business affairs for the principal. There are three types of Power of Attorney. These include durable, non-durable, and springing Powers of Attorney.

A durable Power of Attorney gives the agent the right to continue managing the principal’s affairs, even after the principal loses their mental capacity or becomes disabled. A non-durable Power of Attorney is typically used for a specific reason, such as the temporary management of financial affairs while the principal is physically unavailable.

A springing Power of Attorney allows the principal to plan for the future in preparation for the onset of a specific event that may “spring up,” such as illness or disability. Written by Amy Snyder.

A Power of Attorney Is ?

Essentially, it gives someone the authority to act on your behalf. A legal document that, in its simplest form, establishes a fiduciary relationship between two individuals. The person that assigns a Power of Attorney is commonly referred to as the principal and the person that they appoint is referred to as the agent, or the attorney in fact.

The Power of Attorney has to be created by a principal who has the mental capacity to understand what he or she is signing. Once it is signed, the agent has the authority to make decisions for the principal. This understanding must be demonstrated at the time that the document is signed. The authority granted under a Power of Attorney can either be broad or very limited in nature.

There are three types of Power of Attorney. These include durable, non-durable, and springing Powers of Attorney. For instance, a broad Power of Attorney might give the agent control or responsibility over the principal’s entire net worth. On the other hand, a limited Power of Attorney only allows the agent to conduct specific business affairs for the principal.

A durable Power of Attorney gives the agent the right to continue managing the principal’s affairs, even after the principal loses their mental capacity or becomes disabled. A non-durable Power of Attorney is typically used for a specific reason, such as the temporary management of financial affairs while the principal is physically unavailable. A springing Power of Attorney allows the principal to plan for the future in preparation for the onset of a specific event that may “spring up,” such as illness or disability.

About the Author: Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelper.ws

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=14000&ca=Legal

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