There are some federally funded programs to provide attorneys, though they will take into account your income level and possibly even yours assets.

Many attorneys work pro-bono, that is, without pay. They represent people who have specific circumstances rendering them unable to work, such as having AIDS or being over 65.

Self-help clinics are offered by many attorneys where they answer legal questions for free in a forum. Look for such clinics in your area.

Courthouse facilitators, employed by the court, may be able to help by telling you what documents you need to file and assist with processing your claims.

All states have Public Defender programs, or court appointed attorneys, to assist people with a demonstrably low income level facing criminal charges. There is generally good incentive to pursue another option, as Public Defenders are not always as skilled as their private counterparts. Colorado is known to have particularly good public defenders.

Low cost legal programs are available for people who make too much money to qualify for pro-bono or public defender programs, but still not enough to be able to afford an attorney. These services can help you find the most economical attorney for you. Remember that attorneys in these programs are often young or overworked, so be patient when dealing with them. Stay on topic when talking to them and be as helpful as you can.

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But if employees have signed non-competition agreements, they employer may sue them. The law will honor the non-competition agreements within the duration. For example, an agreement may prohibit sale person from taking any former employer?s clients for one year. This contract is within a reasonable scope. If it is not reasonable, the law may deny it.

If the departing employees use the former employer?s trade secrets, the employer can sue them under the state trade secret law. For example, profit margin can be considered as trade secrets, because it will provide unfair advantage to a competitor. The trade secrets do not need to be in writing. A memorized customer list is considered as a trade secret.

If a former employee has competed against the employer during the time of his employment, the employer can sue against the employee for ?breach of the duty of loyalty.? On this situation, the employee will probably be found guilty, because the employer had put the employee to learn the business.

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In its statement, the court did find that this amounted to a violation of the Sixth amendment, and that the man was entitled to counsel of his choosing.

This decision overturns the man’s conviction. Justice Alito wrote in his dissenting opinion that he believes this decision to be a misinterpretation of the Sixth Amendment, and that it is within the court’s power to only admit attorneys that qualify under its procedural rules.

He also wrote that is on the burden of the defendant to show that he has been negatively affected by the denial of his first-choice attorney, in contrast to the majority decision of the court.

This is the primary difference between the opinions. The majority believes that this decision does overturn his conviction, while the dissenting judges Alito, Kennedy and Thomas believe that it should not. He points to the fact that the constitution does not make provisions for violation of its rules, and that federal law does.

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Although employers are allowed to give a drug test, the process of giving a drug test can be potential weak points. When the employer collect sample, employer must try to prevent sample alteration. Employer is not allowed to observe directly, because it would be a violation of privacy. Step to collect sample may include providing clean containers. Employer should make immediate check acidity and temperature of the sample. The identity of the sample must be clear. All containers should be labeled in the presence of witness. Furthermore, the containers should be sealed properly to prevent alteration.

The test should not be performed by an amateur. All the samples should be tested by licensed labs. A certain employers are required to use specially certified testing labs.

All tests should have two cycles. The first is a screening test. If the result comes out to be positive, then a confirmatory test should be used to confirm the result. Screening tests may be wrong. Some states require the employee?s right to an independent re-test.

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Law of the Land: Foreign Entities

This may be a surprise to many, typically, corporations will be governed under California law despite being incorporated in Nevada. Let?s assume you do file a Nevada, yet you operate all of your business in California. Under this scenario, you are deemed to be a ?pseudo foreign? corporation. If the corporation is a pseudo foreign corporation, California law in many areas will supersede the law of the state where the company was incorporated in. (See California Corporation Code ?2115(b)). Therefore, for companies entirely based in California and doing business in California, practically all of the claimed benefits of incorporating in Nevada are out the window. It should be noted that if a Nevada corporation operating in California fails to qualify as foreign corporation, it may be subject to a number of sanctions. (See California Corporation Code ??2203, 2258, 2259).

Nevada v. California

The benefits typically touted by a Nevada corporation are the following: lower costs; tax savings; and greater privacy. But is any of it true? Below we will discuss some of these issues.

Expense: Contrary to what many people believe, it is more expensive to file in Nevada than in California. Here are some of the additional expenses: the initial filing fee is more; the Statement of Information is much more; you will be required to file a Statement and Designation of Foreign Corporation in California; and you will be required to hire a Nevada Agent for Service of Process each year. For large clients, the additional cost (of approximately $500 more) is not a big consideration, but for smaller businesses every dollar counts.

Taxes: The tax ramifications is usually one of the most important reasons for deciding whether to incorporate and where. Nevada?s secretary of state website says that Nevada has none of the following: (1) corporate income tax; (2) taxes on corporate shares; (3) franchise tax; and (4) no personal income tax. So how does this actually play out? The bottom line is if you are doing business anywhere other than Nevada, you will still be required to pay taxes in the state where you are conducting business. So if you are operating and generating business in Nevada, this can be a huge benefit, otherwise if you are generating money in California, you are required to pay California?s taxes. Furthermore, any income earned by a Nevada business and paid out to a resident of another state will be subjected to the taxation of that state. Therefore, the income passed on to the shareholders of an S-Corporation in Nevada will be taxed at both the federal level and in the state where the shareholder lives (this also applies to other pass-through entities such as LLCs).

Thus, as indicated in the paragraph above, you will not be able to legally gain the Nevada tax benefits if you form a Nevada pass-through entity such as a S-corporation or LLC. However, a Nevada C-corporation can avoid the state taxes (remember that a C-corporation is subjected to double taxation at the federal level). The way a Nevada C-corporation operating in California could be structured to minimize its taxes is as follows: As a C-corporation, your company will be stuck with double taxation at the federal level. Rather than withdrawing the profits from the corporation, keeping the profits within the Nevada C-corporation will allow it to grow free of any state taxes.

Limited Liability Protection: Whether your company has greater limited liability protection in Nevada versus other states is debatable. Many believe that Nevada state precedence makes piercing the corporate veil much more difficult. Whether this is true will depend on the facts of your case and how good your lawyer is, since the test for piercing the corporate veil in both states are substantially similar (both California and Nevada require a showing that a substantial injustice or perpetuation of a fraud occurred). However, in regards to directors and officer liability, Nevada law provides that directors and officers are not liable for any damages resulting from a breach of fiduciary duty unless the breach involved intentional misconduct, fraud, or a knowing violation of the law. (See Nevada Rev. Stat. ?78.138(7)).

Jurisdiction: This can be good or bad for your company. If you are operating in California but are a Nevada corporation, the question is which state law takes precedence? As indicated above, in most circumstances, your corporation will be deemed a pseudo foreign corporation and thus be subjected to California?s laws. So if you are sued, the lawsuit would likely occur in the California. However, if the plaintiff attempts to pierce the corporate veil, the lawsuit may occur in Nevada, thus the plaintiff would have to face additional expenses to travel to Nevada to try the case. Likewise, you as the defendant would be required to go to Nevada as well. However, if you enter into contracts with others, your contract can include ?choice of law jurisdiction? provisions, which require that the contract falls under the laws of Nevada. Similarly, ?choice of forum? provisions in your contracts will require your case to be heard in Nevada.

Privacy: Nevada is generally more restrictive than most states in sharing information about its corporations with other states and the government. As such, many celebrities and high profile individuals seeking anonymity often end up incorporating in Nevada. However, both California and Nevada do not require its stockholders to be listed in public records. Further, Nevada does not share information with the IRS unlike California. But if a Nevada corporation conducts business as a pseudo foreign corporation in California, it would be required to disclose the information to the IRS.

? 2006 Michael N. Cohen, Esq.

This article is not intended as a substitute for legal or tax advice. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws.

Michael N. Cohen, Esq. is a business and intellectual property attorney and is the principal of the Law Office of Michael N. Cohen, P.C., located in Beverly Hills, California. For more information, go to http://www.patentlawip.com or contact Mr. Cohen at 310-288-4500.

Lawyers often require a lot of money in order to pursue your case, and find out how much you may not to provide during litigation. It can be tempting to try to limit how much money your lawyer spends, but this may result in your case lacking important expertise it needs to win. Contingency fees are a percentage that your lawyer takes from the settlement if you win, generally between 33% and 40%, though sometimes as high as 50%. In many states, the legal fee agreement may contain a single charge contingency contract, which means the lawyer agrees to pay all costs associated with the case, and then deduct those expenses from the settlement award. Beware of referral fees, since most lawyers do not charge them. A good lawyer should be willing to be express agreements regarding payment, and how much control you have over your case. Never accept a lawyer who insists on working without a legal fee agreement, and the key to building a good one is to understand the details not leave anything to chance.

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But if employees have signed non-competition agreements, they employer may sue them. The law will honor the non-competition agreements within the duration. For example, an agreement may prohibit sale person from taking any former employers clients for one year. This contract is within a reasonable scope. If it is not reasonable, the law may deny it.

If the departing employees use the former employers trade secrets, the employer can sue them under the state trade secret law. For example, profit margin can be considered as trade secrets, because it will provide unfair advantage to a competitor. The trade secrets do not need to be in writing. A memorized customer list is considered as a trade secret.

If a former employee has competed against the employer during the time of his employment, the employer can sue against the employee for breach of the duty of loyalty. On this situation, the employee will probably be found guilty, because the employer had put the employee to learn the business.

More articles at article database

Although employers are allowed to give a drug test, the process of giving a drug test can be potential weak points. When the employer collect sample, employer must try to prevent sample alteration. Employer is not allowed to observe directly, because it would be a violation of privacy. Step to collect sample may include providing clean containers. Employer should make immediate check acidity and temperature of the sample. The identity of the sample must be clear. All containers should be labeled in the presence of witness. Furthermore, the containers should be sealed properly to prevent alteration.

The test should not be performed by an amateur. All the samples should be tested by licensed labs. A certain employers are required to use specially certified testing labs.

All tests should have two cycles. The first is a screening test. If the result comes out to be positive, then a confirmatory test should be used to confirm the result. Screening tests may be wrong. Some states require the employees right to an independent re-test.

More articles at articles database

If your business does not run smoothly, lawyers can help you do many things. Lawyers can help you collect unpaid bills, and they can give you tips on firing employees. Furthermore, they can defend any lawsuits against you. If you are going out of business, lawyers can help you sell your business. If you have multiple partners, they can help you sell your ownership.

How do you contact a lawyer? You can find them from the phone book and internet. Most lawyers want to help people. If you call a lawyer, they can clear your legal misunderstanding. It is usually free to call a lawyer. Furthermore, a phone call keeps your problem confidential.

When you talk to your lawyer, you should be honest. Tell your lawyer all the facts. You should update lawyer on any new events. Be prepared to accept both positive and negative advice.

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Sometime speaking in class can be scary, but you should always join the discussion. It will make class more interesting for you. You have nothing to lose. You should always study the material before class. If you have time, you may want to review it after class to refresh your memory.

Learn to explain rules and principles with accuracy. The goal of a law class is to analyze, understand, and resolve problems. You want to study many cases to see the big picture.

You should review your notes at the end of the week. It will make your final easier. If you dont understand anything, you should clarify it immediately. Dont let the subjects pass without clarification. It will hurt you on your test. Furthermore, when you just write them, your note is easier to understand.

Review the table of contents in the book. It will keep you in touch with class. You should always ask yourself what you learn from reading. If you go to class, you should not need tape record. It is a waste of time.

Do not miss class. Even if you have a professor who does not take attendance, you will learn a lot in class. Do not miss what professor feels is important

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