Law Blog!

posted by admin on Feb 26

By Adrianna Noton

I grew up wanting to be an attorney. I went to an unaccredited law school. I could sit for the bar, but my school was not ABA accredited. This meant I would not get offers from the big law firms. But I wanted to be a criminal attorney so I thought this would not matter.

But going to a small unaccredited law school also meant the government would not be quick to offer me a position either. But I only wanted to graduate so I could take the bar exam. I figures I could think later about finding a lawyer job.

However, the practical experience in criminal law came from working for the government. Most criminal attorneys working in the private sector started as a deputy public defender or deputy district attorney. And I was not going be able to break into that area coming from a small school. On top of that when I graduated the state had a hiring freeze because of budget constraints. About a year later however, the freeze was lifted for one opening. I interviewed and scored an 88 out of a possible 100. This was not good enough to land the only opening in a year with all the competition out there I knew.

Three days later I got a letter explaining the hiring freeze was back on. The position was not even filled before the freeze was on again. The next day I enrolled in a course on DUI law practice. I had not gone to school to defend drunk drivers but it was a part of criminal law.

After completing the course I ran an ad in the local shopper. My phone rang all day long. I went to court with my first client. The courtroom was in the city I grew up in across the street from the college I graduated from.

There was no defense to my client’s charge. As my DUI class instructor said sometimes lawyers are there simply to hold their client’s hand in court. That was my job. But I wanted to go through the steps just the same. I walked over to the district attorney’s desk. She was chatting with the female bailiff.

Once done, the bailiff looked me up and down turned her nose up and walked away. I asked the deputy district attorney to confirm the charge against my client and asked her the sentence the state would agree to. I learned to do this in class. She rearranged her papers and without looking my way said I will learn when the judge started the case.

The female judge treated me with respect and even smiled when she talked to me. I assumed she came up the ranks of the public defenders office. The bailiff and the deputy district attorney made me feel like I was on trial however. Since it was my client’s first offense he was given the minimum penalty. He had his license suspended for one year. But I was able to have him able to drive legally if he was going to and from work and while at work since his job required that he drive. But that was my first and last criminal court case. I realized as criminal attorney I had to expect to be treated like the one who was on trial. And that is not what I expected and not what I want in my career.

About the Author: Having a well experienced criminal lawyer Fort Lauderdale is greatly beneficial to the case. A Fort Lauderdale criminal attorney will use their expertise to fight for your welfare, guaranteeing the best possible outcomes.

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=445830&ca=Legal

More here: I Don’t Want to Be a Criminal Attorney Afterall

posted by admin on Feb 26

By Deborah Dillon

A power of attorney means peace of mind to a lot of people. What they don’t know is that there are several different types of powers of attorney and if you don’t have the right one it can put you and/or your family at significant risk depending upon your particular set of circumstances. An attorney can give you the details of each type of power of attorney and how they work in your state but here’s a quick description of the three most common.

The Most Common Powers of Attorney

• The Universal Power of Attorney allows one or more people to act on your behalf for any reason at any time.

• The Limited Power of Attorney specifies under what set of circumstances or during what period of time someone is allowed to act on your behalf for certain activities. As an example, it can give someone the authority to act on your behalf for all of your financial affairs in the event of your illness or incapacitation.

• The Specific Power of Attorney usually gives someone authorization to act on your behalf for one specific undertaking like authorizing someone else to sign the closing documents when you buy or sell a house.

Beware of the Universal Power of Attorney

So, why is it important for you to know what types of powers of attorney there are and the benefits and risks of each? The answer is that most of us use only the Universal Power of Attorney; thinking that we are protecting ourselves because we lack the awareness of all of the available options. Many people don’t realize a Universal Power of Attorney gives nearly unlimited power to the holder of this document. It gives that person the legal ability to at any time and for any reason access your medical records; withdraw funds from your bank or investment accounts; sign a contract in your name to buy or sell securities, real estate, an automobile or boat; take out a loan and on and on.

Limited Power of Attorney

A Limited Power of Attorney is an option for designated activities that kicks in only in the event of illness or incapacitation (which is valid as long as a doctor continues to certify the illness or incapacitation) or during a specific span of time. These limits reduce your exposure to possible excesses or bad judgments by those who hold your limited power of attorney.

Using Different Powers of Attorney for Maximum Flexibility

Another thing to consider when designing a legal backup system that will come to your aid when the unexpected happens is whether it is a good idea to overburden any one person with all of the responsibilities of keeping your life afloat until you are able to once again take control of it yourself. The person best suited to oversee your financial and small business matters may not be the best person to care for your pets, children or household. Consider that it would be overwhelming for one person to have to take care of all facets of someone else’s life for any period of time. Making separate authorizations naming several different friends or family members to undertake the various responsibilities of your life protects you more thoroughly.

Knowledge is Power

It is equally important that you provide those you have entrusted to act on your behalf in times of emergency or crisis with the information and instructions necessary for them to know how to help you. So, no matter how many authorizations or powers of attorney you may have put into place, you need to make sure that those who hold your powers of attorney know what you want and expect – from your business needs to the running of your household. If you don’t do this, it would be like hiring a builder but not giving him the plans for the house you want to build.

This process sounds daunting but it can actually be very easy and inexpensive with resources like those offered at http://livingsmartguides.com

Whatever tools you select to enable others to give you the help you need in a crunch, don’t delay putting these protections into place so you’re better prepared for whatever lies ahead.

About the Author: Deb Dillon is the founder and creator of LivingSmartguides.com She was diagnosed with a brain tumor and it changed her life completely and from this experience came LivingSmart, thorough legal guides to protect yourself and your family from life’s unexpected events by planning for them in advance. LivingSmart Guides address all important aspects of life – including medical, personal, household, financial, minor children, pets, small business, and estate matters. http://livingsmartguides.com

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=412717&ca=Legal

Excerpt from: A Power of Attorney is No Cure-All

posted by admin on Feb 26

By Melissa Gordon

Although power of attorney is essentially handing control of your affairs over to another person, there are different uses of the position which vary depending on the situation. These largely depend on the reason behind power of attorney being transferred from the ‘principal’, the individual who wishes to relinquish control of their affairs, and the ‘attorney-at-fact’, the person who takes control of the principal’s business and legal dealings.

Non-Durable Power of Attorney

Non-durable power of attorney is used for short-term transactions, which for whatever reason the principal cannot handle themselves. Any such power of attorney that is non-durable has an expiration, primarily when the principal becomes incapacitated for some reason and is no longer able to give permission for the power of attorney to continue, nor can they revoke it. Usually, non durable power of attorney is limited to a specific time frame, in which any particular deal that is needed to be completed is given time to be dealt with. When this particular instance is complete, power returns to the principal.

Non-durable power of attorney is effective immediately.

Durable Power of Attorney

This type of power of attorney is similar to non-durable power of attorney, only it continues in the event that the principal becomes incapacitated or mentally ill. All powers of attorney come to an end when the principal dies, but durable power of attorney continues right up to that point. Power of attorney that is durable is often used in terminally ill cases, where the principal asks their attorney-at-fact to allow any lifesaving equipment to be removed or authorize a Do Not Resuscitate

Durable power of attorney is effective immediately.

Springing Power of Attorney

Springing power of attorney is used in cases where the principal cannot actively give permission, either verbally or in writing, for someone to act as their attorney-at-fact. To obtain springing power of attorney, a doctor must certify that the principal is incapable of thinking for themselves and an attorney-in-fact is required. Springing power of attorney is used predominantly in cases of sudden deterioration of health, such as deterioration of a mental illness or a serious accident.

These are the three main types of power of attorney, governing time and how the power is assigned. However, power of attorney does not have to be granted for all of the principal’s affairs – it can sometimes only apply to one aspect, such as financial. The differences are as follows:

Special or Limited Power of Attorney

Predominantly used with non-durable power of attorney, special or limited power of attorney is used for specific cases. It often just applies to financial dealings or a specific property sale, and though an attorney-in-fact is appointed, they have no control over any aspect of the principal’s life apart from the sector they are charged with.

Any other type of power of attorney is called General Attorney, which applies to all affairs and dealings of the principal.

Health Care Power of Attorney

This is a specific power of attorney that is used for those who are terminally or mentally ill, and gives the attorney-in-fact power over medical decisions but nothing more. It is similar to special attorney, though is specifically used for medicinal purposes.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

About the Author: LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your general power of attorney needs at http://legalbuffet.com/power-of-attorney/.

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=377481&ca=Legal

Read more from the original source: Different Types of Power of Attorney

posted by admin on Feb 26

By Seomul Evans

If you chose in the past to forego the services of a tax attorney and now find yourself in trouble with the IRS, either because of back taxes, and audit, investment fraud, or anything else, now is the time to hire a tax attorney. And now means now. Don’t wait another minute. Waiting too long to address the issues can result in liens, garnishment, fines, interest, and even prison time. Here are four things you need to know when pursuing the services of a tax attorney.

1. Generalist or Specialist. The attorneys you find in your area will either specialize in a particular area or identify themselves as generalists. While generalists may be helpful in some cases, you need an attorney that specializes in tax law. And you need to find one with a good reputation and track record. Check him or her out to make sure he or she is in good standing with the bar association and with the IRS.

2. Fee Schedules. Tax attorneys aren’t cheap. They work hard to specialize in their particular area of expertise and they provide a valuable service to folks who find themselves in hot water with the IRS. Because of their value, they can get away with charging a lot for their services. So before you decide on one particular attorney, make sure you can afford his or her services. Fees will vary depending on how complex your case is, where you live, and the particular attorney you’re considering hiring. There are three typical fee structures.

• Hourly Rate. This is very common among tax attorneys. He will charge you based on the amount of time he spends working on your case. When you have your free consultation with him, he will be able to give you an idea of how many hours will be required for him to resolve the issues.

• Flat Rate. As the name suggests, the tax attorney will review your case and tell you exactly how much he will charge you.

• Contingency. In this case, the attorney will charge you a fixed percentage of whatever she is able to recover on your behalf. But you will be responsible for other expenses such as phone charges, copies, filing fees, court costs, and others.

3. Retainers. Regardless of the type of fee structure your attorney uses, you will probably be charged a retainer. A retainer is essentially a down payment for the attorney’s services and part of it will be paid back to you once the work is completed.

4. Other Questions to Ask. When you’re interviewing potential tax attorneys you also need to find out if the tax attorney will be handing off your case to someone else or taking care of it himself or herself. Handing it off to someone else shouldn’t necessarily be a deal-breaker, but you should ask to speak to the person who will actually be handling your case. Find out how many cases similar to yours your potential attorney has handled. How many went to trial and how many were settled outside of the courtroom? Are you comfortable sharing sensitive, personal, and financial information with this person?

Although the cost of hiring a tax attorney may seem prohibitive, the cost of not hiring a tax attorney is far greater. Tax attorneys can negotiate on your behalf such that you end up having to pay the IRS far less than you would had you represented yourself. They can advocate on your behalf as you interact with IRS agents, which makes the whole process much less intimidating and scary. So instead of asking yourself whether you can afford a tax attorney, ask yourself if you can afford not to hire one.

About the Author: Seomul Evans is a DFW SEO consultant for leading Ft Worth IRS Lawyers and contributor of Free Cyber Law articles.

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=367089&ca=Finances

The rest is here: 4 Things You Should Know When Hiring a Tax Attorney

posted by admin on Feb 26

By Seomul Evans

This probably won’t come as any great shock, but it’s never a good idea to go into an IRS office by yourself if you discover that you are being audited or that the IRS is looking upon you with suspicion. In such a case, you’re always better off taking a tax attorney with you. And while hiring a tax attorney may seem like a financial burden, it’s a burden that you need to shoulder. The cost of using a tax attorney is far less than the potential cost of not using one if you end up having to pay dearly as a result of an audit.

Here are five reasons you need to hire a tax attorney:

1. The main reason to hire a tax attorney is peace of mind. There are few things in life more frightening than finding out that you are the target of an IRS audit, but hiring a tax attorney can keep you from being completely overwhelmed and filled with dread. You should never attempt to represent yourself in such a situation as tax law is a complex field and should be left to a seasoned professional.

2. A good tax attorney has lots of experience dealing with the IRS and knows how negotiate with them. They know all about tax liens, levies, and tax debts, and can ensure that you end up with as little tax debt as possible.

3. There exist two different kinds of tax attorneys. The first kind is a personal attorney. A personal attorney can help you if you are personally audited by the IRS. And, as the name suggests, a corporate attorney will assist you if your business is audited by the IRS. Be sure to hire an attorney that can help you with your specific needs. Hiring a personal attorney to help with a business audit may provide some benefit, but you won’t get the expertise from a personal attorney that you would get from a business attorney. But whether you need a personal attorney or a corporate attorney, an experienced IRS attorney will make sure that you avoid the maximum penalties that the IRS can issue to you.

4. The auditor is not your friend. No matter how friendly and helpful he or she may seem, the job of the auditor is to get as much money out of you as possible while still following the law. The job of the IRS attorney, as much as possible, is to keep the auditor out of your money. Stand back and let them do their respective jobs. You’ll sleep much better at night.

5. Seasoned tax attorneys know tax law inside and out. They know the loopholes, they understand the legalese, and they know how to negotiate. Don’t be tempted by the prospect of quickly studying tax law. You’ll never be as effective in your own defense as a tax attorney will be.

While it’s true that hiring a tax attorney can be an expensive endeavor, in the end, you can’t afford not to hire one. Given the amount of money that you can save by using the services of an experienced attorney, and given the peace of mind that comes with knowing that a professional is looking out for your best interests, the price of a tax attorney is well worth it. When you have a tax attorney on your side the first time you walk into the office of the auditor, you’ll realize just how much you’ve saved in anxiety and, if all goes as it should, penalties. So get recommendations from friends and families and hire a reputable local tax attorney. You’ll sleep better!

About the Author: Seomul Evans is a Dallas SEO consultant for leading Fort Worth Tax Lawyers and contributor of Law articles.

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=367074&ca=Finances

The rest is here: 5 Reasons You Need to Hire a Tax Attorney