The Court Of Public Opinion

A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.

A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.

This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.

Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).

A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individuals condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety.

A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.

With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.

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Identity theft, one of the most insidious forms of white-collar crime, is a federal crime under the Identity Theft and Assumption Deterrence Act. It occurs when charlatans steal your personal and/or financial information to use your credit accounts, tap your bank accounts, get new credit in your name, file fraudulent tax returns, get cell phones in your name, access your insurance benefits, and so on. When someone steals your personal and financial information, your life may become a living hell, particularly if you don’t realize what has happened right away and the imposter has siphoned off funds using your name. This makes adopting strategies for identity theft prevention all the more essential. The steps to take for prevention are really simple.

Identity theft crimes make headlines more and more every day. You hear about them on the news or read about them in the papers. The Federal Trade Commission, the leading governmental agency addressing the problem of identity fraud, has reported a dramatic increase in the incidence of this crime. Recently, FTC released a survey that revealed identity fraud claimed a whopping 27.3 million victims over the past five years and result in over $53 billion annual losses to businesses and financial institutions. Accurate and up-to-date information is the most critical element in any identity theft prevention measure. For this reason, Federal Trade Commission launched a website annualcreditreport.com where all consumers are eligible for a free copy of their credit reports. By getting a free copy of your credit report you should be able to spot suspicious activity.

The old adage Prevention is better than cure, is very much applicable for identity theft prevention. While state governments, local and federal law enforcement agencies, and private organizations are taking new steps to minimize this threat, it is also crucially important for citizens to take responsibility for protecting their personal information. As an identity theft prevention measure, individuals can hire credit-monitoring services that alert them when there are changes in their credit report. Proper disposal of personal information and other sensitive material is a vital identity theft prevention technique. This could be accomplished by shredding documents. Do not allow intact documents to be thrown in garbage. To thwart phishing attacks, do not reply or click on links in the email that asks you for your account or billing information. Instead, contact the company cited in the email by telephone or by website you know to be genuine, to verify the contents.

Keith Londrie II is a well known author. For more information on Identity Theft, please visit Identity Theft for a wealth of information. You may also want to visit keith’s own web site at http://keithlondrie.com/

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Atlanta patent lawyers are lawyers specialized in representing clients for obtaining patents and acting in all matters and procedures relating to patent law and practice in Atlanta, Georgia. They represent their clients before the Patent Office, part of United States Patent and Trademark Office (USPTO).

Patent layers may provide patentability opinions as well as prepare, file, and prosecute patent applications for their clients. Atlanta patent lawyers take all patent cases concerning machines, manmade products, compositions of matter, and processing methods. They are members of the Georgia State Bar Association.

Patent law protects inventors and grants them exclusive rights to make, use, and sell their invention for a specified period of time. Atlanta patent lawyers are often expensive, but courts can supply lawyers who work on a voluntary basis. You have to choose the right lawyer for your case. Internet services of Atlanta patent lawyers provide information about their services and fees. A good lawyer will quickly point out whether your case is worthy or not and how much time it might involve.

Qualified Atlanta patent lawyers can assist you with claim language and often help you appreciate all the inventive aspects of your creation. Atlanta patent lawyers can additionally provide legal services outside the Patent Office. These include advising a client on legal matters related to licensing of the invention, whether to appeal a decision, whether to sue for infringement, and whether a client is infringing on the claims of someone’s issued patent.

All Atlanta patent lawyers have to pass a USPTO registration examination, with a score of 70% or better. To participate in this examination, a law degree is not a must, but a bachelor’s degree in science is essential. A lawyer who has passed the USPTO examination and is a bar association member is known as patent lawyer; one who passed the examination but does not have a bar membership is called patent agent. Unlike Atlanta patent lawyers, patent agents have no right to take someone’s claim to the Patent Office.

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Wrongful death refers to a lawsuit which alleges that the victim was killed as a consequence of negligence or misdeed of another. Usually, wrongful death occurs as a result of personal injury accidents, medical malpractice, auto accidents, workplace accidents, dangerous or defective products, mesothelioma and other accidents. When the proximate cause of the wrongful death of the decedent roots from reckless, careless or negligent acts of another, his actions are often subject to personal injury and/or wrongful death suits.

The loss of a family member causes great pain, turmoil, as well as inconceivable loss of the family. In the stage of grieving, it is hard or impossible to function in everyday life and carry on, let alone think about making a wrongful death claim. This stage leaves the decedents family feeling powerless with so many questions unanswered. When you are ready to receive settlement or filing a wrongful death suit, an experienced wrongful death lawyer can be of great help. Though a wrongful death claim cannot replace your loss but it is as close to justice.

If you have lost a loved one due to the negligence of a person or a company, you may have the right to receive compensation from an insurance company or from the person or company responsible for said death. Surviving family members are strongly encouraged to immediately consult with a wrongful death lawyer to safeguard the critical evidence of the fatal accident and to avoid being estopped to institute a claim.

The immediate aftermath of a wrongful death is to hire the services of the right lawyer. Hiring an experienced wrongful death lawyer is a critical decision that may significantly affect the lives of the decedents family. Wrongful death lawyers appreciate the complexity in legal issues as well as the powerful emotional trauma absorbed in a wrongful death claim. Experienced wrongful death lawyers will vigilantly represent the rights of the victim while assisting the family members in a dependable and considerate manner by providing information regarding the practical and legal aspects of personal injury law and wrongful death claims including survivor actions, Social Security Disability and Windows Benefits.

To be able to show evidences that a wrongful death happened, an investigation in connection with the death shall be conducted. It is necessary that the wrongful death lawyer have the necessary resources to acquire records and reports as well as thorough information for successful case results. Clients should feel confident about their legal action. With the help of a diligent wrongful death lawyer, the process in recovering the reasonable compensation will be smoother.

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Lets assume for a moment that you just had a huge argument with your spouse and youve decided its time to move forward with legal proceedings. Perchance your doctor has done something terribly wrong and youre contemplating suing him for medical malpractice. Possibly, youre facing a conflict where someone is accusing you of wrongdoing, and you need advice in regard to your legal recourse. If you were faced with any of these legal dilemmas, would you know how to choose an attorney?

Where Do You Turn

Once you realize you require legal advice, where would you turn and how do you think youd go about finding an attorney? Would you just open the phone book and let your fingers do the walking? Although its often important to act quickly when taking legal action, haphazardly choosing an attorney can have great consequences. Why? Because when it comes to the law, ignorance is not bliss so choosing correctly means gaining a solid understanding of the law.

Facing a Legal Dilemma

In reality most people dont consider the need for an attorney until they are faced with a challenging situation. However, meeting with an attorney who can protect your rights can have a powerful impact on your life for years to come. And though you may have to take action promptly, rather than throwing caution to the wind by choosing any attorney quickly, its best to choose wisely and carefully. After all, you want an attorney in your corner that has your best interests at heart.

Approach the Challenge with Intelligence and Organization.

In effect, choosing an attorney is no different then choosing a doctor or any other professional service provider. You want someone you can trust, someone who cares about your situation and someone who is not in it just for the money. Therefore finding a sincere attorney may not be easy, but once you find one, youll want to retain and keep their services forever. In fact if you dont have a good lawyer to advocate for you, without even realizing it, you can suffer great loss. Therefore, approaching the challenge of finding the right attorney with intelligence and organization is a must. Even though it may take some effort, your mental and emotional state will thank you in the long run.

The following 10 tips will definitely lead you in the right direction.

1. One of the best ways of finding the right lawyer is by word of mouth. Perhaps a friend, neighbor or business associate recently retained the services of an attorney and they were satisfied with the end result. Ask if they would recommend their attorney.
2. If you feel uncomfortable letting a friend know that youre having a legal problem, ask someone youre not as close to. You may know of a lawyer that you respect but who practices in a different field of law. He or she would be happy to give a referral.
3. Another good way to find a reputable attorney is using an online legal directory where you can discover a number of good tips about lawyer services, initial consultations and links to reputable lawyers in most local areas.
4. Because an attorney is your primary advocate during your legal situation, make sure that whomever you choose, has excellent credentials.
5. Pay attention to how you feel when speaking to a particular attorney. If he or she doesnt evoke feelings of confidence, choose another.
6. Notice how the attorney responds to your initial call. Youll need to speak to your attorney, so if youre not able to connect easily, youll add more stress to your life.
7. Make sure the attorney speaks in terms you understand. If the attorney you are considering to represent you speaks legalize, and you have no idea what theyre trying to say, dont be concerned about requesting an explanation.
8. Never be afraid to ask lots of questions. If the attorney seems annoyed by your questions, he or she is not the attorney to represent you.
9. At the initial meeting, request information as to the attorneys experience in the particular field for which you are inquiring. And make sure the attorney feels positive about winning your case.
10. Be clear on how the attorney handles legal fees. You dont want any surprises when it comes to the way the attorney bills for his or her services.

When youve chosen the right attorney, he or she will act immediately, wont waste your time and is clear about their intentions right from the start. So, when seeking out an attorney, look for one that has a reputation of dedication, commitment, and of course has a record of success.

Finally, although an attorney may appear supportive and good-natured, choosing an attorney based solely on their personality can result in grave consequences. An attorney should ALWAYS be selected for their experience so make sure they are considered top notch in their field.

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Atlanta construction lawyers represent clients such as contractors, homebuilders, suppliers, owners and sub-contractors in Atlanta. The construction litigation practices of Atlanta construction lawyers include trials, arbitrations, and mediations involving contract disputes, architect and engineer liability claims, products liability and warranty claims, building design defects, transportation and airport concerns, environmental concerns, public and private surety bond claims, construction liens, and acceleration and delay damages claims. Atlanta construction lawyers are members of the Atlanta Bar Association.

Contract negotiations undertaken by Atlanta construction lawyers are for large commercial projects, homes, and public buildings. The contracts include architectural and engineering contracts, design-build, and engineer-procure-construct, and construction management agreements.

Atlanta construction lawyers argue cases with regard to non-payment, changes in scope of the construction project, timing, and defective work. Dispute resolution options are mainly arbitration and litigation. Most Atlanta construction lawyers prefer arbitration over dispute resolution. Even though it is not very profitable, it is faster and private. But some clients prefer litigation, because arbitration decisions cannot be easily appealed.

An experienced construction lawyer can avoid disputes, as he can advise you about possible problems and take appropriate remedies for problems that might arise later. Many Atlanta construction lawyers work as a team with engineers, project managers, and advisors. The fees that Atlanta construction lawyers charge may be success fees, where lawyers take an amount that is pre-determined; or, they may opt for an hourly rate where the fees is in accordance with the time spent in these cases. Before signing a contract with your lawyer, it is necessary to have a clear view of the issues involved and the budget for the entire procedure.

Internet research and interviews will help in determining which Atlanta construction lawyer is suitable for your claim. It is recommended that you choose a lawyer with ideal characteristics and good personal chemistry with you.

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Do you know anyone who has been hit by a reckless driver or a careless motorist, shot dead due to mistaken identity, killed due to medical malpractice, etc.? These are examples of wrongful death cases. Generally, these cases are caused by another persons negligence, carelessness, malpractice or inaction. Even though the death is unintentional, it is still the responsibility of the defendant to provide just compensation for the survivors or victims of wrongful death cases.

Prior to a wrongful death incident, you can file wrongful death lawsuits if you are a relative of the wrongful death victims. Winning these civil lawsuits can recover payment for damages to the victims lives. The compensation may cover medical and funeral costs, lost wages including future earnings, lost benefits, lost inheritance, pain and suffering, mental anguish, loss of support or companionship, general damages, and punitive damages. However, the last compensation may not be awarded without additional evidence of malicious intent.

Simply, the immediate family members such as the parents, spouses and children of the deceased can file the wrongful death lawsuits on their loved ones’ behalf because they are almost always eligible to file a claim. Minors may need an adult guardian to take a wrongful death lawsuit to court. Moreover, other family members including the stepparents, grandparents and dependents may also be permitted to file suit in some states.

If you realize you have a valid wrongful death claim, you must first consult one of the experienced wrongful death lawyers in your area. Doing so is very important because a wrongful death lawyer can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit against the defendant. In addition, to have an attorney can also help lessen the pain, stress and suffering you may be experiencing due to the incident.

The law states that there is a certain amount of time allotted that a person who has lost a loved one due to wrongful death has to initiate a lawsuit. Family members are usually allowed between one and three years from the time of death to file a claim. If they fail to do so, their claims may be shelved forever. Therefore, if you have lost a loved one because of wrongful death, speak to a personal injury attorney for details regarding the reliability of your case now. After all, your loved ones deserve justice for their untimely death and you too for your misery.

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Although it was a little bit frightening at first, the new bankruptcy law was not that much of a hassle. I was expecting a lion, and what I found was a lamb.

I was already about 50% of the way through my Chapter 13 discharge, when my current business went belly up. Rather than go into the details of the business failure, I wish to relay to my readers my experiences in navigating the new bankruptcy legal issues and what was involved in filing a new Chapter 13 petition while still in the midst of one.

The new bankruptcy laws, require petitioners to undergo credit counseling. This was done via a Credit Counseling agency entirely over the phone, the entire process took less than 30 minutes. The entire process was fairly simple and involved the councilor reading several prepared statements and my acknowledgement of the information. Upon completion of this session, the agency will furnish the petitioner with a certificate of completion. It is this certificate which is needed in order to file a Chapter 7 or Chapter 13 petition. A second Counseling session is required before the bankruptcy can be completely discharged.

Once the petition was filed, everything proceeds basically the same way as with the pre-2006 filings. A meeting of the creditors is held in front of the bankruptcy trustee. This is basically a simple recorded transcription to verify that you are who you say you are, and that the documents you have filed are correct to the best of your knowledge. This process takes about five minutes, however it usually takes some longer amount of time to be called up by the trustee, due to the large number of cases that are seen on any given day.

The final step in my specific situation was a motion for the court to extend the automatic stay. In most bankruptcy cases an automatic stay is issued by the court at the time of petition to protect the petitioner from lawsuits and property seizures while undergoing the re-organization. However if this is a re-filing or second filing, the automatic stay is only in effect for thirty days, and the petitioner must make a motion to the court in order to extend it.

This motion, was the first motion of this type that the presiding judge had to consider. This consideration took less than 10 seconds and the entire process was completed.

I hope that this short article will help in easing the anxiety of anyone going down this same path.

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The consequences of Driving Under The Influence, or DUI, charges are far reaching. The criminal justice system can be a complicated process and the penalties of a DUI are quite severe. You should be aware that in some cases, those convicted of a DUI are subject to significant fines, legal costs, court costs, and even jail time.

Every person facing this charge is in need of a good defense and protection of their rights. The reason you need to obtain an experienced DUI lawyer is that research shows that many individuals arrested and charged with DUI are not guilty because they haven’t had too much to drink. While the State has a duty to enforce the law, persons accused of crimes such as driving under the influence are still innocent until proven guilty.

There are a number of opportunities to build a solid defense for these cases, as it was found that breathalyzer machines can often give false readings. Successful defense of a drunk driving charge requires specialized defenses. Attorneys that specialize in this particular type of case are best qualified to formulate your defense and protect your rights in court.

Who Gets Arrested for DUI

Statistics show that males between the ages of 16 and 24 are most likely to be arrested on DUI charges. Most individuals arrested are middle class working citizens. Sadly, DUI statistics also indicate that approximately one-third of those arrested are repeat offenders.

DUI Fines and Penalties

The penalties for DUI are different than those for DWI (Driving While Intoxicated), but are still severe and can result in long term negative consequences for you and your future.

The penalty for a first DUI offense can be limited to just a fine. However, the fines can vary and sometimes are very large. Also, in some states, fines may be doubled if a passenger under 16 years old is riding in your car.

But, depending on the jurisdiction, the penalty can also result in the revocation of your license, a criminal record, a short jail sentence, and/or public service. Prosecutors in many states have pressed for tougher penalties because many DUI suspects, especially repeat offenders, refuse to take the breathalyzer test. Unfortunately, these more severe penalties affect those who have been cooperative or have been wrongly accused.

For those who are repeat DUI offenders, you will generally face mandatory loss of license, jail time, and significant fines and court costs. So, just accepting the charges without a strong legal defense is a formula for personal disaster.

DUI Legal Defense

A DUI lawyer can help mitigate or reduce the charges and ensure that your rights are protected to the extent of the law. The plain facts are that many people arrested and charged with DUI are not guilty. Even if you have made statements at the time of arrest, they can be thrown out as part of the proceedings. A qualified DUI attorney will know all the details and the legal procedures involved.

The penalties for DUI are severe, and should be taken very seriously. Being found guilty of a DUI charge can have life-altering consequences for you and your family. So, think about it – can you afford to be without legal counsel? Not a chance!

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Today, many law firms overlook security measures, either because of complexity or expense. Whether in fields of family law, prosecution, defense, intellectual property, or tax law, law firms request a great deal of personal data that most other highly regulated industries would have to keep under lock and key.

When a lawyer begins building a case, he/she collects a significant amount of personal information about their client, from credit card information to financial acquisitions. The information is then placed into a database within the firm’s records. This common scenario of gathering personal information and storing it in a database is similar to banks and credit card companies. Databases in the legal industry are hazardous because too often minimal requirements are placed on legal firms to install adequate IT security systems.

Sensitive electronic data such as financial documents or emails can be exceptionally damaging if they fall into the hands of the opposing counsel or motivated cyber criminals. Integrity, quality and fostering relationships are goals that every law firm strives to achieve with their clients. However, the uncontrolled leak of client data could shatter all of these positive ambitions.

The attorney-client privilege is the most important concept in the legal field because it protects communications between attorneys and their clients. If clients are constantly worried about the whereabouts of their information, it is not likely that positive progress on a case will occur. Attorney-client privileges must be established to pursue a successful outcome for a client’s case.

Marc Rotenberg, executive director of the Electronic Information Center, in Washington stated, It’s very important to enforce our existing privacy laws and bring these types of cases because the government and the private sector seem to be doing such a poor job of safeguarding people’s information. (1) More can be done to safeguard client’s information in this technology-driven age.

The legal industry, steeped on confidentiality, needs to reexamine how it traditionally deals with electronic client information. According to a study conducted by Millard Brown IntelliQuest, of all factors driving technology investments in law firms, 77% feel that attorney’s demands are very important while 62% consider their client’s demands very important. Both statistics identify the importance of using integrated systems for communication. Law firms must emphasize their clients because it is their data which is left vulnerable if a breach occurs within the firm.

The American Bar Association (ABA) is responsible for principles governing the legal industry. While the ABA has strongly advised firms to implement tougher electronic security measures, they have never fully written laws regarding the issue. In their formal opinion (No. 99-413) concerning email encryption, the ABA stated:

The Committee concludes, based upon current technology and law as we are informed of it, that a lawyer sending confidential client information by unencrypted e-mails does not violate Model Rule 1.6(a) in choosing that mode to communicate. This is principally because there is a reasonable expectation of privacy in its use.

These statements seem outdated because security issues are so prominent today. Motivated criminals and opposing counsels will do whatever it takes to infiltrate a company in order to gain access to email content and stored data.

The legal industry has made some strides in data protection by using basic virus and spyware programs, but has yet to address issues of outbound email protection. Dennis Kennedy of NetTech, Inc. claims, It is not uncommon to find attorneys who receive well over a hundred new e-mails messages a day.(2) Hundreds of unencrypted e-mails a day containing case strategies and potentially personal information cannot continue to float through cyberspace waiting for someone to illegally intercept them.

How can this problem be fixed? The solution to dealing with email and electronic data involves two things, implementing email encryption software and seeking knowledge about potential email and data threats. Email encryption with rights management applied allows attorneys to send and receive emails without clients having to worry about their privacy. In the past, lawyers have solely relied on email disclaimers in their emails, such as DO NOT FORWARD THIS EMAIL. Email disclaimers are often ignored and are simply not enough in todays high risk digital age. Law firms also need to know what’s going on in the technology world and wisely update their security practices to protect client’s data, as well as encrypt emails to make their clients feel safe when communicating online. Attorney-client privileges mean a lot in the legal industry, and in order to retain that trust, lawyers need to do what they can to secure their relationships.

Legal firms must strive to stay ahead of those who would profit from snooping on email communication. Who knows what the legal industry could turn into if firms dont change their security ways? There have been many debatable court decisions over the past quarter century, such as the OJ Simpson trial and Enron cases that have left Americans skeptical about the attainment of some data used in the trial. By implementing email encryption, the legal industry can once again communicate with their clients with complete confidence and be sure that their clients have the same assurance that they will have in the court room.

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End Notes

1.Hines, Matt. Data Losses May Spur Lawsuits. Security IT Hub. June 8, 2006. 26 Jun 2006 .

2.Kennedy, Dennis. Taming the Email Tiger. Dennis Kennedy Blog. October 14, 2005. 6/10/2006 .

Nathan Kully is an employee at Essential Security Software, Inc., a provider of email and document security solutions for small businesses and accounting professionals, in Bellevue, WA. He is also a contributing editor to the TechKnowBizzle.com. Nathan is currently a student at Cornell University in Ithaca, NY, where he is studying Applied Economics and Management.

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