Archive for the ‘Legal’ Category

If you are thinking to file for Chapter 7 bankruptcy, then you will have to pass the means test. You need to know that it is the means test which will help you know if you really earn below your means and thus, require filing Chapter 7 bankruptcy. The individuals who earn a good salary and cannot pass the means test may use Chapter 13 bankruptcy for paying off some of their outstanding debts. However, they might not be using Chapter 7 bankruptcy to eradicate all the debts.

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Although real estate law may not be a very publicly visible form of law, it’s nonetheless indispensable to real estate transactions. And one way or another, property buyers and sellers eventually become familiar with it.

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Millions of consumers are crushed under the burden of debt after the recent economic depression in the US. In such situations, people either rely on debt settlement services or they file for bankruptcy as a last resort. These two debt settlement solutions help people to start their financial life afresh. But before you select a debt settlement solution, it is essential to understand the differences between debt settlement and bankruptcy. A comparative analysis can help you make the right decision.

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Across the country, the national debate over how to solve the medical malpractice crisis and who is to blame has been heating up. The insurance industry is pointing fingers at the civil justice system, namely medical malpractice attorneys,as being responsible for these increases over the last two decades. On the other hand, an argument is being made that the insurance corporations risky financing schemes are causing the spike.

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TASC Supports New Mandates on Debt Restructuring Firms

Lawyers for the FTC have succeeded in arguing for several new restrictions on debt settlement companies, culminating in a new policy making legislation coming from the government.

Starting on October 27, 2010, for-profit companies that sell debt relief services over the telephone may no longer charge a fee before they settle or reduce a customer’s credit card or other unsecured debt.

In addition, the lawyers have successfully argued for mandated enhanced disclosure requirements. These are modeled on current and proposed standards from the industry’s leading trade association, TASC (The Association of Settlement Companies). TASC already offered guidance and regulations for debt restructuring companies, something I talked about in my earlier post: What to Look for in a Trustworthy Debt Settlement Company. before FTC lawyers and legislators got involved.

TASC originally opposed one key part of the proposed legislation: the prohibition of debt settlement companies from accepting fees from a consumer for debt settlement services prior to the actual settlement of the consumer’s debt.

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Tips to Finding the Best Personal Injury Lawyer

If you or someone you know has been injuredthen you are going to want to hire the best personal injury lawyer to take on your case.Finding the right personal injury lawyer to handle your case can be a difficult task. That is why we’ve put together some tips to help you choose the best personal injury lawyer for your specific needs.

Selecting the Best Personal Injury Lawyer

  1. Contact the American Bar Association – Go online to the ABA website for a referral list of the best personal injury lawyers in your area.
  2. Get Recommendations – Talk to friends and family members if they know a good lawyer. A friend’s recommendation is very valuable because you know you can trust their opinion.
  3. Ask for Referrals­– While friends are great for a recommendation, your current lawyer can also refer you to colleagues and lawyers that specialize in personal injury cases.
  4. Search Online – Once you’ve got a list of personal injury lawyers, go online and look up any information about the lawyer or their law firm. Do they appear to have expertise in the field? Does their website have any information that is helpful to you?
  5. Interview Several Lawyers –After you’ve done your research and narrowed down your list, set up appointments with the remaining lawyers, and ask them about their experience, your specific case and what he or she recommends. Make sure you would get along with the lawyer before hiring them.

Finding the best personal injury lawyer to handle your case may take some time and research, but with sensitive cases like these, you will want to take your time and make sure you have the best fit for you.

Joshua Just, an attorney in New York City, has over 20 years of experience as a lawyer, which gives him unique insight to many legal matters.

If you are planning to file for Chapter 7, first consider the pros and cons of retaining a bankruptcy attorney and going through with it. Take a look at this list of the pros and cons of bankruptcy and decide what is the right move for you in your current financial situation.

The Pros of Bankruptcy:

Hiring a bankruptcy attorney can be a debt management tool to help solve your financial problems.

  1. Fresh Financial Start – The biggest advantage of having a bankruptcy attorney file your claim is obviously the hope of obtaining a fresh financial start once your debts have been discharged.
  2. Automatic Stay on Debts – Creditors must stop their collections efforts when you file for bankruptcy. All collection actions from creditors will be stopped including: foreclosures, repossessions, and garnishments. If they haven’t, contact your bankruptcy attorney immediately to bring the matter in front of a judge.
  3. Protection of Essential Property­– In most states, your home, car and other essentials are exempt so your bankruptcy attorney will ensure you do not wind up homeless or unable to get around.

The Cons of Bankruptcy:

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Deciding Whether or Not You Need a Lawyer

In many cases knowing when you need a lawyer is a no brainer, such as when you are being sued or if you’ve been arrested. However, there are other legal matters in which you will to need a lawyer that are not as obvious. From real estate transactions to child support cases, there are many circumstances in which you should seek advice or expertise from a lawyer. The following are just a few of the common legal matters that should be discussed with or handled by a lawyer. (more…)

Before choosing an attorney and signing a retainer, it is important that you make a list of questions for a lawyer.The answers to these questions will help you determine who is the best attorney to handle your specific case. An experienced attorney who has the means and resources to commit to you and your needs is crucial for resolving any legal matter. Every case is unique so the answers to these questions for a lawyer will vary depending on the legal matter. Know before you interview a prospective lawyer what your needs are and what you require from your attorney.

Questions for a Lawyer

The following are some of the top questions for a lawyer that you should ask before you put him or her on retainer: (more…)

For lawyers, the mystification regarding the laws surrounding lawyer referral fees can be a common complaint.  As I mentioned in an earlier article, only lawyers can receive referral fees.  Many attorneys think this is an outdated practice, as it completely goes against how most other businesses operate. Giving someone an incentive to help you bring in new business should not be considered a crime. And yet, referral fees to non-lawyers is considered attorney misconduct. Today I ask you – should it be? (more…)