Posts Tagged ‘Attorney’

Palin’s New Attorney General Pick is World’s Biggest Douche

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Lasting Power Of Attorney (Uk Law)

Lasting Power Of Attorney (Uk Law)

The Lasting Power of Attorney was introduced by The Mental Capacity Act 2005 and came into effect on the 1st October 2007. It replaces the Enduring Power of Attorney although EPA’s made prior to the 1st October 2007 will continue to be valid.  You may make two types of LPA – the Property and affairs LPA and the Welfare LPA.  As the name suggests, the Property and Affairs LPA deals with financial matters whereas the Welfare LPA covers personal and healthcare decisions.

Choice of Attorney

The person making the LPA (the Donor) should appoint an Attorney they trust and in whom they have complete confidence. The Attorney must be over 18 and must not be an un-discharged or interim bankrupt person.  More than one Attorney can be appointed to act either together, independently or together in respect of some matters and independently in respect of others. If the LPA is silent on how two or more Attorneys are to act they must act together. Under LPA’s it is possible for the person making the LPA to appoint a replacement Attorney.

Role of Attorney

An Attorney’s role to make all the decisions (subject to any restrictions or conditions contained in the LPA) that the Donor would have made himself and in reaching these decisions the Attorney must comply with The Mental Capacity Act 2005 and the Code of Practice. Under a Property and Affairs LPA the Attorney will commonly be able to pay bills and expenses, collect income and benefits, manage Bank and Building Society Accounts, buy and sell property, complete and submit Tax Returns and make gifts within the statutory limits. Under a Welfare LPA the Attorney is likely to be given power to consent or refuse particular types of healthcare, including medical treatment and may even be able to consent to or refuse life sustaining treatment on behalf of the person that has made the LPA.  The Attorney may also be able to decide whether the Donor remains in his own home or moves into residential or nursing care and also more day to day decisions such as the Donor’s diet, dress or daily routine.  LPA’s can be restricted or contain conditions limiting the Attorney’s authority.  The Donor can also, if he wishes, include guidance for the Attorney in the LPA.  This guidance is not legally binding but could be invaluable to the Attorney.

The Certificate Provider

Not only must LPA’s be signed by the Donor and Attorneys and witnessed, a Certificate must also be given by a third party, the “Certificate Provider”. A Certificate Provider is an independent person chosen by the Donor to complete a Certificate contained in the LPA to confirm that in his or her opinion the Donor:-

understands the purpose and content of the LPA; understands the extent of the powers he is giving to the Attorney; is not being pressurised, tricked or placed under duress by a third party to make the LPA; and that there is nothing else that would prevent the LPA being created.

The Certificate is vital and without it the LPA is invalid and cannot be registered. The Certificate Provider can either be someone who knows the Donor personally and has done so for at least two years or a person with the relevant professional skills and expertise to certify the LPA eg. a Solicitor, Barrister, Doctor or Social Worker.

Registering the LPA

An LPA, whether it is a Property and Affairs LPA or a Welfare LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.  The registration fee is £150 and the registration process is likely to take between 6 and 8 weeks. Once registered, a Property and Affairs LPA can be used immediately but a Welfare LPA can only be used once it is registered and the Donor has lost his mental capacity to make decisions. When making the LPA the Donor can nominate up to 5 people to be notified of the application to register.  Those notified will have an opportunity to object to registration if they have concerns for example regarding the integrity of the Attorney.  It is not a requirement that persons are nominated but it is advisable. A registered LPA will be added to the OPG database and searches can be made by third parties to see whether an LPA is in existence.

Revoking an LPA

An LPA can be revoked by the Donor at any time provided he has mental capacity.  The Attorney can also disclaim the appointment.  There are also circumstances when an LPA will be revoked.  These are:-

when the sole Attorney dies or is made bankrupt.  If two or more Attorneys are appointed, the appointment of the surviving or non bankrupt Attorney will continue; when the Donor dies; when the Donor is made bankrupt (NB this rule does not apply to a Welfare LPA); when the Attorney is a spouse or civil partner and the marriage ends in divorce or the civil partnership is dissolved.  The LPA may, however, specify that the appointment continues notwithstanding such divorce or dissolution.

However, a decision to give someone authority to manage your financial affairs is not one that should be entered into lightly.

It is therefore advisable to consult a Solicitor who is a Registered Trust and Estate Practitioner with considerable experience of dealing with these types of matters if you are considering granting a Lasting Power of Attorney. 

Baron & Budd, P.C. Attorney Natalie Duncan Named 2005 Outstanding Clinic Attorney Volunteer by the Dallas Bar Association Volunteer Attorney Program

Natalie Duncan, an attorney with the law firm of Baron & Budd, P.C., has received the 2005 Outstanding Clinic Attorney Volunteer award by the Dallas Bar Association’s Volunteer Attorney Program.

Dallas, TX (PRWEB) October 14, 2005 — Natalie Duncan, an attorney with the law firm of Baron & Budd, P.C., has received the 2005 Outstanding Clinic Attorney Volunteer award by the Dallas Bar Association’s Volunteer Attorney Program.

The Dallas Volunteer Attorney Program’s neighborhood legal clinics conduct evening clinics and provide legal representation for low-income applicants with problems in a variety of civil law matters. Ms. Duncan received the award for her pro bono work through the program’s legal services clinic in Garland, Texas.

About Baron & Budd, P.C.:
Since 1977, the law firm of Baron & Budd, P.C. has championed the rights of people and communities harmed by corporate misconduct. With over 80 attorneys and offices in Texas, Illinois, Ohio, Louisiana and New York, Baron & Budd enjoys a national reputation as a leader of the plaintiffs’ bar. The firm represents individuals with mesothelioma and other diseases caused by asbestos; leukemia and lymphoma caused by benzene; and injuries caused by other toxic substances and pharmaceuticals. The firm also represents water authorities seeking clean-up costs for drinking water contamination; securities investors defrauded by corporate wrongdoing; and consumers. For more information about Baron & Budd, call 1-800-222-2766 or visit www.baronandbudd.com. (http://www.baronandbudd.com)

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Write to Your State Attorney General

Write to Your State Attorney General

Enough is enough as lenders had their say and swayed of course in all loan modification programs and in preventing the foreclosures process. They have frustrated almost every program the government and the fed had announced. The latest of course was the Obama Plan, which was launched with great fanfare, and of course it had helped the deterioraing foreclosure situations little bit but not enough–it has not stopped tremendous homeowners and their foreclosures. Banks had frustrated all these efforts, and are determined to do their nitpicking on every small issues. We agree with the analysts that the Obama Plan had no teeth in it when it comes to enforcement. Also, the 31 percent limitation of loan modification is not rationale. Again, it had not addressed the principals reduction which is a core issue in this crisis and bring it to the latest market values. Lately, the state top prosecutors are agreeing to seek the judicial remedy again, and are thinking of taking the lenders back to the judicial process. In our view, they are late. A judicial remedy is best, and of course quite expensive for the lenders, who had lately again been giving the despicable bonuses to their executives for doing nothing. When are they going to learn a lesson in this regard.

Here is what you should do and write to your state attorney general:

1. Write all the facts about your loan, no doc, full doc, ARMS etc.

2. Write down the name of your loan officers, and all the names of the concerned parties like escrow agent, loan officer, real estate agent, the full docs situations, your credit report score at that time etc. Make a detailed summary and send to attorney general’s office.

3. Find out what issues your are claiming like issues under TILA, RESPA, HOEPA and deceptive trade practices etc.

4. Attach the copies of default notices.

5. Send them the copies of your detailed notes with the lenders and the helplessness they had shown in this regard to have a viable workout program with you.

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5 Reasons You Need to Hire a Tax Attorney

5 Reasons You Need to Hire a Tax Attorney

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!

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Cincinnati Personal Injury Attorney Anthony Castelli Relleases a Law Blog Providing Free Information for Personal Injury Victims

Attorney Anthony Castelli releases a law blog providing free information to personal injury victims. The lead article defines and explains the efficacy of a contingent fee agreement

Cincinnati, OH (PRWEB) February 22, 2006 — Cincinnati personal injury attorney Anthony Castelli announces the release of a law blog that provides free information to personal injury victims. The lead article deals with the “contingency fee agreement.”

The words contingency fee are not always easily understood. This blog article explains in detail what it is and why it is important. Visitors will learn whether they have to pay a lawyer big money to take their case and why the Court house doors remain open for the working poor as well as those financially well off.

Cincinnati personal injury attorney Anthony Castelli stated, “Insurance companies have their attorneys, shouldn’t you have your own attorney to level the playing field.”

He explains how people can afford an attorney to take on their personal injury case.

Anthony Castelli, a Cincinnati personal injury attorney for over 23 years, seeks to educate the public on their rights especially in cases involving accidents.

The Ohio Supreme Court is considering a rule the would forbid attorneys from written solicitation of injury victims within the first 30 days after an injury. That is not a problem if you are educated about your rights, so make sure the playing field is level by knowing what to do.
    
Further information to inform Ohio citizens about their rights is available at http://www.castellilaw.com

Attorney Castelli has numerous articles at his Web site and on his blog to educate the consumer. There are many informative reports so that you can learn what your rights are and how to protect them.

You can learn “How to choose a personal injury Attorney” as well as “What steps to take to get fair compensation for your injury.” There are many other valuable articles written in layman’s terms.

Attorney Castelli is a member of the Ohio Academy of Trial Lawyers and other professional associations that serve to fight and protect the personal injury victim.

For more information about Attorney Castelli or to contact him go to (http://www.castellilaw.com)

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Earthfiles: Attorney Encounters Non-Human Entities

This is a short excerpt from a full-length podcast available as a free download at www.Earthfiles.com. For more than three decades, a West Coast attorney has kept secret his interactions with a non-human intelligence. First he trusted them. But now he worries that the agenda of the particular type he has encountered is to manipulate and suppress humans. Please visit Earthfiles.com for the latest updates in earth and astronomical mysteries, and real X-Files, in-depth reports that go beyond the 6 o’clock news, with Emmy award-winning reporter and editor Linda Moulton Howe.

Video Rating: 4 / 5

June 17, 2005 – Jay Leno interviews Michael Jackson’s Attorney Tom Mesereau on “The Tonight Show”.Thomas A. Mesereau, Jr. is widely recognized as one of the best trial lawyers in the country. He has been selected by his peers as one of “The Best Lawyers in America” and has been listed as one of the “One Hundred Most Influential Attorneys in California” by the Los Angeles Daily Journal. He first gained national attention during a three-week televised preliminary hearing in the Robert Blake murder case. Mr. Mesereau is internationally known for having acquitted music legend Michael Jackson of all counts in a highly publicized trial in Santa Maria, California. Additionally, Mr. Mesereau is widely recognized for his 25 years of pro bono, free legal work for the poor and underrepresented. Mr. Mesereau is a well known presence in the African-American community where he operates a free legal clinic and assists local organizations and churches in drug recovery and youth counseling. He defends at least one death penalty case each year for free in the Deep South. Mr. Mesereau specializes in criminal and civil trials (state and federal).

Jagged Rocks of Wisdom: Professional Advice for the New Attorney Reviews

Jagged Rocks of Wisdom: Professional Advice for the New Attorney

A new job is scary for anyone. A new job as an attorney is scary times two: the challenges are both substantive (as in actually knowing the law), as well as procedural (as in knowing how to act like an attorney). In this professional transition, many, many new attorneys fall by the wayside. This book is a guide to keep the new attorney on track. It includes advice for the new law firm associate, written by a partner at Foley & Lardner, a well-regarded law firm. Written in a first- and second-per

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List Price: $ 9.99

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Phoenix Wright Abridged Attorney: Episode 6

Case 4 Part 2: Turnabout Fight the Power This is a story about a boy who fights his destiny (in court), learns of his true fear (boats?), and gets his ass beat (in tetris). PHOENIX WRIGHT / GYAKUTEN SABIAN = CAPCOM SPRITES FROM COURT-RECORDS.NET I FOUGHT THE LAW = BOBBY FULLER

Video Rating: 4 / 5

WASHINGTON — Eric Holder, the nation’s first black attorney general, said Wednesday the United States was “a nation of cowards” on matters of race, with most Americans avoiding candid discussions of racial issues. In a speech to Justice Department employees marking Black History Month, Holder said the workplace is largely integrated but Americans still self-segregate on the weekends and in their private lives. “Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and I believe continue to be, in too many ways, essentially a nation of cowards,” Holder said.

Video Rating: 4 / 5

DUI Defense Lawyer — The Indispensability of Hiring a ‘Great’ DUI Attorney

DUI Defense Lawyer — The Indispensability of Hiring a ‘Great’ DUI Attorney

A DUI is a very serious issue, even if it’s a first offense and a misdemeanor, the penalties and fines for drunk driving in general are very steep. In fact, the maximum sentence in a first offense misdemeanor case is one full year in prison. One year. Get that through your head. This is not an offense to be taken lightly. The fines also run into the thousands of dollars, not to mention that you will automatically have your driver’s license suspended. If you drive to work, that could be catastrophic.

Now, take a long, deep breathe. If you learn how the law works and how to go about finding and hiring a top-flight DUI defense attorney things won’t look nearly as bad as they may right now.

An attorney who’s got experience in dealing with DUIs can stop the automatic suspension of your driver’s license, if you act within 10 days of your arrest. These types of very specialized DUI defense attorneys are also very adept at getting sentence reductions and finding flaws in the prosecution’s case against you. The very best DUI attorneys have impressive records for getting cases completely dismissed or reducing the sentences to something extremely light.

These defense attorneys are worth their weight in gold. They know the law, the system, and the players inside and out; they know the inside “plays” that you have no clue about. They are experts in using the system to your advantage.

Even if it appears to you that the prosecution has an air tight case against you there may in fact be procedural errors, mistakes, and technicalities that could very well get your case dismissed. In fact with the way the law is set up and the way the legal system functions, more likely than not, your defense attorney will find something regarding your case to get your sentence reduced or your case dismissed.

But, you can’t go hiring somebody that doesn’t have credibility and a stellar reputation. The criminal court system and throughout the country has its core players (judges, prosecutors, and defense attorneys) and they all know each other, they know which ones are good and which ones don’t know what they’re doing. You need to find a defense attorney with respect within the system, someone who’s won cases over and over again. That is your ace in the hole. Certain defense attorneys will be respected and well known and will be simply known for understanding DUI law inside and out. Ask around and find one of these attorneys.

The most important point to remember when searching for a DUI defense lawyer is to focus on a firm and an attorney who are only focused on DUIs and know the letter of the law down to its smallest details.

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