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Archive for May, 2006

Divorce Mediation A Relatively Speedy and Low Cost Alternative

Monday, May 29th, 2006

Mediation is a legal process in which a trained, impartial third-party will offer divorce help and support by assisting both parties to reach an agreement. A couple preparing to divorce should not rely solely on a mediator. Rather, the husband and wife should consult their respective attorneys about their specific procedures and legal consequences of the mediation process.

If mediation is not successful, then the case must go to trial. In most cases, it is best to avoid a trial as attorney’s fees, alone, can pile up if delaying tactics are used. Furthermore, studies show that people feel more satisfied with mediated Separation Agreements than with those that are ordered by the court. Finally, since the process is more civil and less emotionally grueling, mediation minimizes any trauma to the children.

Life after divorce can be a fresh new start. Mediation can not only save time and money, but can also reduce emotional and psychological baggage for everyone.]]>

Divorce Online in Minutes

Sunday, May 28th, 2006

Legal Helpmate provides an easy-to-use, quick, and economical online method for creating completed legal forms from our site for your uncontested divorce (either no-fault divorce or fault divorce).

Legal Helpmate provides a simple online divorce service for making your divorce process less expensive and stressful for you. It’s easy. You simply answer some basic questions that produce the proper legal documents necessary for your uncontested divorce. The divorce papers are tailored to reflect your income, your assets, your children, and the divorce law of your state. You receive these completed, ready-to-print legal documents of divorce online together with simple instructions on how and where to file for divorce.

Our online divorce service always gives you the exact legal documents needed to obtain your uncontested divorce (either no-fault divorce or fault divorce) in your state. The turn-around time for receiving each completed legal document online may be immediately or it may be within 15 minutes, depending upon the divorce law of your state.

Why should we lose the money and time applying for divorce, if there is the cheap and fast alternative - divorce online? You find the site, take your mouse, you press on the button - and you are a divorced person. With a minimum of formalities.

In the virtual world of divorce, the couple that does not require court, after inputting all necessary data for divorce, merely prints the forms, signs them, and sends them to the judge. And that’s it.

A Company like Legalhelpmate.com that supplies online documents for divorce disagrees with the opinion of opponents that cheap divorce can minimize the importance of divorce. The fact is, it just makes a bad situation better.]]>

Do You Have The Right to a Natural Death

Saturday, May 20th, 2006

You have a basic right to Control The Decisions about your medical care, including the decision to have extraordinary means or artificial nutrition or hydration withheld or withdrawn if your Condition Is Terminal and incurable or if you are in a persistent vegetative state.

If you are competent and Able To Communicate , you may tell your doctor that you do not want extraordinary means or artificial nutrition or hydration used to keep you alive if there is no reasonable hope of recovery.

What happens if you are not competent or able to communicate this decision? You may Decide Ahead of Time with a living will. If you do not have a living will, someone else may have to decide for you.

Legal requirements

You must follow certain requirements to make your living will Legally Effective.

1) You must be at least 18 years old and of sound mind when you sign it.

2) You must express your desire that you do not Want Your Doctor to use extraordinary means or artificial nutrition or hydration to keep you alive if your condition is terminal and incurable or if you are in a persistent vegetative state.

3) You must state that you know your living will allows your doctor to withhold or stop extraordinary medical treatment or artificial nutrition or hydration.

4) You must sign your living will in the presence of Two Qualified Witnesses.

5) Your living will must be certified by either a notary public or clerk of superior court.

Choices in a living will

You must instruct the doctor what you want done if your condition is terminal and incurable or if you are in a persistent Vegetative State You may make these choices in your living will by initialing the appropriate options. If you make no choices, your living will is meaningless. If you make inconsistent choices, your living will is confusing and may not accomplish what you want. Read the choices carefully before initialing to make sure that Your Intentions Are Clear. Your attorney can help you fill out the form correctly.

If your condition is terminal and incurable, your living will may Instruct Your Doctor to do the following:

a) to withhold or stop extraordinary means only, or

b) to withhold or stop both extraordinary means and artificial nutrition or hydration.

If you are in a persistent vegetative state, your living will may instruct your doctor to do the following:

a) to withhold or stop extraordinary means only, or
b) to withhold or stop both extraordinary means and artificial nutrition or hydration.

Executing (signing) a Living Will

You must sign your living will in the presence of two witnesses:

a) who are not related to you or your spouse;

b) who will not inherit property from you, either under your will or under the laws that determine who will get your property if you do not have a will;

c) who are not your doctor, your doctor’s employees, or the employees of your hospital, nursing home or group-care home; and

d) who do not have a claim against you.

A notary public or a clerk or assistant clerk of superior court must certify your living will.

Effect of a Living Will

The living will gives your doctor permission to withhold or discontinue life support systems under two conditions.

a) You must be terminally and incurably ill, or

b) you must be diagnosed as being in a persistent vegetative state.

If two doctors diagnose one of these conditions, your doctor may withhold or discontinue extraordinary medical treatment or artificial nutrition or hydration as directed by your living will.

Definition of terms used in the Living Will

Artificial nutrition or hydration describes the use of feeding tubes or other invasive means to give someone food or water.

Extraordinary means or Medical Treatment includes any medical procedure which artificially postpones the moment of death by supporting or replacing a vital bodily function.

You are considered to be in a persistent vegetative state if you have had a sustained, complete loss of self-aware cognition, and you Will Die Soon without the use of extraordinary medical treatment or artificial nutrition or hydration.]]>

Durable Power Of Attorney Or Living Will

Friday, May 19th, 2006

On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.

The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only applicable if the client is incompetent.

Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client’s attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. (Find more information at: legalhelper.net/living-will.aspx)

Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent:

1. To direct disconnection of artificial life-support systems in the event of terminal illness;

2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and

3. To direct discontinuation of artificial nutrition and hydration.

In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: legalhelper.net/power-of-attorney.aspx)

Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client’s signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act.

The Living Will witnesses may not be the client’s spouse, attending physician, heirs-at-law or person with claims against the client’s estate.

The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client’s estate upon death under Will, Trust or operation of law.

People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client’s primary care physician for inclusion in medical records.

Both documents are revocable through normal revocation procedures.

Note that LegalHelper.net provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.]]>

Ease Financial Pain With A Prenuptial Agreements

Thursday, May 18th, 2006

A prenuptial agreement can help to save you from a Court Fight if you and your partner decide to divorce. While easing the pain of divorce, it can also preserve family ties and even make your marriage less stressful because of the certainty of your intentions.

Before discussing a prenuptial agreement with your intended, be very clear In Your Own Mind why you want to have it. Then be honest. If you want your children from a previous marriage to know that you have provided for them financially, say so. If you want to protect your intended from any possible argument from the first family, say so. If you want to assure your parents that your business will stay in the family if you are divorced or deceased.

A contract signed by Both Parties and notarized, the prenuptial agreement in most states is acknowledged as if it were a deed. While prenuptial agreements need not be filed with the court or reviewed before signing, they can be set aside for fraud, duress, failure to provide information, unfairness, and failure to be adequately represented.

All states require that there be Full Disclosure of assets and liabilities, and that each spouse be fully aware of what they are getting and giving up by signing the agreement.

Prenuptial agreements were popularized in the 19th century, mostly to protect heiresses from marrying men who were “out for their money. Prior to the Married Women’s Property Act of 1848, a woman’s property, upon marriage, was transferred to her husband. W hen they married, her money became his and any business that she managed became his, too. If she inherited money during the marriage, that, too, was his.

In the prenuptial agreement, either party Can Waive Any Rights given by law. Yet one spouse can voluntarily give to the other as much as either wishes. If there is a lucrative business, the agreement can state who will manage the business, handle the investments and receive the income or proceeds from it. The agreement can state the proportion of funds from a certain source that will belong to each party. The parties can even agree on how they will spend certain sums throughout the course of the marriage.

With a prenuptial agreement, a person can Disinherit a Spouse, settle property rights or exempt a major asset like the family business from the marital estate. Without such a signed agreement, most states give a surviving spouse a minimum of one-third of the total assets.

If there are children from a Previous Marriage, this is important because the children of that marriage may lose one-third of their inheritances, even assets that were accumulated during a first marriage and the new marriage lasted for only a few weeks. In some states, the heirs to an estate can continue a divorce proceeding that began before the deceased died as a tool to prevent the surviving spouse from receiving any of the inheritance. A prenuptial agreement prevents such bloody battles.

So long as the agreement is voluntary, it can be tailored to meet any Special Needs. Estate provisions in prenuptial agreements may also be useful in first marriages, or where one of the parties previously was married. Such agreements can require that insurance policies be purchased to insure an inheritance, or to exempt cherished family property from the spouse or to protect a trust fund that was set up for another family member.

Only in the past three decades have states upheld prenuptial agreements as a basis for financial settlements in the event of divorce. While prenuptial agreements are not very romantic, it can be a positive thing in a marriage to document what the spouse receives vs. what members from the first family can expect in the event of death or divorce.

The prenuptial agreement could cover basic financial matters Important In Divorce, like a major business, a particular trust fund, a future inheritance, a waiver of financial support, Couples can agree to waive their rights to financial support. This means that both parties will have an incentive throughout the marriage to accumulate their own wealth and to pursue their own careers because if the marriage fails, they can only look to themselves for financial support. These waivers must be reasonable, and neither party must be in danger of going on assistance. Further, the rights of a child, born or unborn, cannot be waived.

Without such agreements, a Community Property state can grant the spouses one-half of the marital wealth. In other states, the assets are divided based on an “equitable distribution.]]>

Electricution accident lawyers in Los Angeles

Wednesday, May 17th, 2006

The only possible reason for an electricution accident

No one deliberately risk one’s life playing with electricity, so generally speaking the only possible way to get a “natural” electricution is to be struck by lightning. In all other cases it is someone’s fault. Most electricution accidents are caused by ungrounded electric-powered appliances or other machines, so it is usually clear that someone who is responsible for maintaining them made a mistake and thus gave some work for electricution accident lawyers. Los Angeles ones are no exception here and they really look forward to getting their part of the cake.

Coping with the results of an electricution. Accident lawyers from Los Angeles might really help!

Of course the first and the most serious effects of electricution are the health hazards or even death. But in this article we deal mostly with things that happen afterwards. The moment you get to hospital the battle begins - the institution that is potentially responsible of the accident starts marshalling its arguments. They look for any possibility that the electricution accident was only your fault and sometimes even your deliberate action. The latter is potentially disastrous, because your insurance company will do everything to cancel your insurance and any argumentation that shows the possibility of your deliberate action will be quickly adopted by your insurance company. So better don’t hesitate and hire some electricution accident lawyers. Los Angeles is full of them, so you shouldn’t have any problem with finding the proper lawyers. I know they may be expensive, but you simply need someone who will defend you, especially if you’re still in hospital.

Possible problems

If your health hasn’t suffered much, the rest will be fairly easy. It is much simpler to prove that the accident was caused by somebody’s mistake than that it was only your fault.]]>

Electronic Discovery: As an Attorney, Are You Prepared For It?

Tuesday, May 16th, 2006

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. A good source of reading about this field is http://www.electronicdiscoverycenter.com]]>

Essential Supplies to Begin Scrapbooking

Monday, May 15th, 2006

Modern scrapbooks are different from traditional photo albums in a few respects. They hold both photographs and memorabilia. For that reason they are sometimes referred to as memory books. There is also an emphasis on writing, or journaling, in scrapbooking. Each scrapbook should tell a story.

Scrapbooks are also more aesthetically pleasing than traditional photo albums. Attention is paid to the layout of the pages. Often, pages are decorated with colorful paper and stickers, although this is not necessary.

The biggest distinction between a modern scrapbook and a traditional photo album is the emphasis on the preservation of the photos and memories. The albums, papers, pens, and adhesives should all be photo safe. Photo safe is a term that means that the materials used in creating a scrapbook are designed to do the least amount of long term damage on your photos and memorabilia. Damage includes fading, yellowing, and a degradation of the paper the photos or memorabilia are printed on.

Because of this emphasis on preservation, specific, specialized supplies are required when scrapbooking. These supplies can be purchased at many art supply stores, specialty scrapbooking stores or from many online retailers.

The supplies you will need to create your first scrapbook are:

Photos and memorabilia – Before beginning any album you should have its contents organized. You may want to do a themed album (baby, wedding, vacation, etc.) or a chronological family album. Either way, having the album’s contents collected before you begin will help you complete your album more efficiently.

A photo safe album – The album you purchase should be free from acid and lignin (a substance in wood that will turn paper unstable and cause it to yellow). It should also be the correct size for the project you are tackling. This is where having your photos and memorabilia organized beforehand comes in handy. If you’re creating a brag book for grandma of her new grandchild, a small album that has only one or two photos per page may be appropriate. If you’re chronicling your child’s athletic career and have large newspaper clippings, a larger album would be the appropriate choice.

A photo trimmer – Photo trimmers come in handy to crop out any unwanted parts of a photograph or to trim decorative paper. They do the job quickly and neatly.

A good pair of scissors – There are some jobs the photo trimmer just can’t do. A good, sharp pair of scissors will come in handy.

Photo safe pens – Special pens are sold that are created to be photo safe. Look for pens that say “acid free”, “photo safe” or “archival quality” on them.

A photo safe adhesive – Special tape and other adhesives that are photo safe should be purchased.
Page protectors – Page protectors are photo safe plastic covers that slip over completed pages. Some albums come with them. If yours does not, buy them.

Decorative papers and stickers – These are not essential to creating an album, but many people involved in scrapbooking like to embellish their pages with them.

Once you’ve gathered all your supplies, you are ready to get to work. If you need a little inspiration, you can find ideas for your scrapbook on internet sites, in scrapbooking magazines, and from other scrap-bookers.
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Estate Planning & Living Trust Information

Sunday, May 14th, 2006

estate planning is something only rich people or people in their later years need to take care of. This is a real problem because almost everyone but the very poor needs Estate Planning. Wherever you live in the United States, and if you own anything worth over $30,000, including personal things worth nothing to anyone, but you or your family, you will be subject to probate, left to the state to decide who will get, what ever there is. Property, Investments or even a photo album. Put some times aside and do some planning and save yourself a lot of grief and a ton of money in court costs and taxes.

Deciding on who gets what, is the function of estate planning. The most important part is having legal documents, that are acceptable in you state. There should be a step by step outline, expressing your wishes after you are deceased. If you do not have an estate plan, it will be left up to the state. Every state had different rules and trust me, they will not necessary be in your best interest. The state laws will apply, and your assets, will be divided to your wife and other family members according to state law. Guide your own destiny and do not leave it to the state and leave your family in a state of confusion. Have an estate-planning document in place.

People are becoming more educated but a great many have no provisions for when they die. There is neither a living trust nor a will in place. For the most part we are consumed with our everyday duties. This is an area we don’t like to think about and contemplating our demise is our least favorite subject. But sad as it is a great many people die at an earlier age they expected with out a living trust or a will. The sooner you take care of it, the sooner you can move on, and forget about. Protect your family and whomever you care about and do not put them through the grief that will cause if you have no such document.

So what will be my choices for a living trust and estate planning?

Traditionally, estate planning has involved creating a will. This is the legal document that decides who gets what after you die. Who will be the administration of your estate that will be there to make the decisions you no longer can? Or you can leave it up to probate court.

This procedure can be relatively quick if there are not a lot of financial resources and could be over in a manor of months but if there is real wealth could take years.

Once you have a will, and as long as you have your wits. You can makes changes as many times as you wish. Depending on whom is in favor at the time.]]>

Examining the Legal Billing Rates

Saturday, May 13th, 2006

An article entitled “Guide to Legal Services Billing Rates” says that most lawyers will tell you that the practice of law is a noble profession dedicated to the pursuit of truth and justice. But anyone looking to hire a lawyer must realize that practicing law is first of all a business. As a result, lawyers in private practice are going to charge what the market will bear in order to make a profit from their services. Understanding this and having a basic knowledge as to how lawyers’ charge for their services may help you to negotiate the best deal when you need to hire one.

I must say that all of the payment arrangements stated in the said article are not more than enough. I think, they are just enough to compensate for the time and effort a lawyer will spend in your case. These arrangements include hourly rates, flat fees, retainers and contingent fees. The lawyer has the opportunity to choose the payment plan that you’ll have. However, the client can still open up his views if he disagrees with the lawyers’ offer. It’s still up to them to decide about the final payment arrangements.

In addition, there are certain factors impacting lawyers’ fees such as advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location, and preferred client discount. All of these affect the choice that a lawyer makes regarding the payment arrangement that the client has to comply with.

Indeed, it’s important to understand how these fees are being treated under the different payment arrangements. The decision if what type of payment best suits your paying capabilities still depends on a good communication between you and your lawyer. It may be hard to compensate for this high-paying job but then it will be your reputation that’s at stake here.

Generally, it’s always better to fairly settle everything first – especially in terms of legal billing rates – before commencing any legal proceedings. Through this, you’ll certainly have a smooth-sailing relationship with your attorney towards the success of your case.]]>




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