The Court Of Public Opinion

Very few people sit around, trying to think of ways to pay their lawyer MORE money. Actually, they are probably sitting around, thinking that THEIR lawyer is sitting around, thinking about ways to CHARGE more money. This isn’t true - lawyers can charge plenty of money ethically, because litigation is complex, and usually involves hours of preparation. Lawyers usually charge by the hour. Hours of preparation. Hourly rate. Hours hours hours…

So how do you keep the lawyer fees down? REDUCE the hours the lawyer charges for preparation! In other words, there are things you can gather or prepare for your case, that could be done by your lawyer. If they are done by you, the cost to you is time.

For example, let’s take a divorce, with a modest estate, with custody at dispute. Since the divorce involves property, give your lawyer the last 4 or 5 bank statements, portfolio statements, 401(k) or pension statements, and other such investment and financial statements. Own a house? Provide the last appraisal. No appraisal? In that case, it’s actually cheaper to just order one right now, because it’s going to come in eventually. Oh, and all the same documents for your spouse (don’t break any laws getting the documents, however. It’s not necessary). Make a list of all your deductions fromyour paycheck, utility bills, monthly payments (like car payments, insurance, etc.), other regular payments (like quarterly tax payments, real estate taxes, etc.). Your locality may have a form for this, but do it now on your own.

INVENTORY YOUR HOUSE! There is NOTHING more important than to have an accurate list of the items in your house. If anything is declared on insurance riders, like jewelry or musical instruments, include that also. Take pictures of every room, with the furniture in its usual place. If you have receipts for items you purchased, get them! Make a note of any item you think is not or should not be marital property. You may be wrong on everything, but having such a list makes it easier to review and develop strategy with your lawyer.

Income is usually looked at, so bring your last 4 or 5 Federal and state income tax returns and attachments, 6 months of pay stubs and bonuses, and statements showing investment income. If you run your own business, your books! Profit and loss statements, balance sheets, and checking account statements. Same information for your spouse, if you can get it easily. Bring any documents showing the existence of loans.

Where custody is involved, get school records, medical records, pickup and dropoff logs at the daycare, diaries, letters from the children to you, counseling records, and the like. Go through your check book (if it’s your name or is a joint account) and make a list of checks you wrote for ANYTHING involving the children. If it’s a joint account, then list EVERY check involving the children, whether you or your spouse actually wrote the check, because a joint account means it is your money, regardless of who wrote the check.

Finally, SUMMARIZE! First, ask your lawyer to ASK you to summarize. That way it’s work product and can’t be discovered by the other side. Summaries are excellent tools to save you money on lawyer fees by focusing the lawyer on the important facts. At the same time, summaries help you remember key points, and develop the story of your case.

The suggestions in this article will save you money, by saving your lawyer the time to gather these documents. It might annoy you,to do what you hired a lawyer to do … until you remember that you hired your lawyer to PRESENT the case. Take yourself out to dinner on the money you save!

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Conclusive research has shown that wet (uncured) marijuana is not psychoactive. Before drying, decarboxylation of inactive THCA acid into delta9 THC has not yet occurred. During the curing (drying) process, the COOH bonded to the THCA is released. The result is marijuanas psychoactive compound delta9 THC. The State of North Carolinas laws do not distinguish between the uncured weight of marijuana from the cured (dry) weight, necessary for marijuana to be consumed or sold. No one purchases wet marijuana at a price comparable to suggested market value because approximately 80% of this weight consists of water, both in the plant tissue and chemically bonded by carbon to the THC molecule. No one smokes fresh, wet, uncured marijuana because it cannot produce a euphoric effect. Decarboxylation must occur by drying prior to its combustion that occurs with smoking (this does not occur when attempting to smoke uncured marijuana), drying must also occur before eating marijuana, if it is to produce a euphoric effect.

North Carolinas G.S. 15A-903(a)(1) allows the State to retain only a small random sample of marijuana to be made available to prosecutors and notably the defendants for the discovery rights. This deprives the defense of having all the evidence available to them. The actual weight of marijuana is an essential element of the criminal statute. The marijuanas weight is the primary factor in determining the NC unauthorized substance tax assessment.

Mature stalks are found on all mature marijuana plants. The percentage by weight of marijuanas mature stalks can vary widely by different cultivation methods and by genetic variation. NC G.S. 90-87(16) clearly exempts mature stalks from being considered toward the weight of marijuana for criminal sentencing purposes. Mature stalks are exempt because the State has recognized that they have neither intrinsic value as an intoxicant, nor any noteworthy market value. Marijuanas shade leaves are a waste product for marijuana farmers. These leaves are not smoked, and are not psychoactive. Likewise, male marijuana plants do not produce smokeable buds nor THC (the psychoactive ingredient of marijuana). Marijuanas initial wet, uncured weight can be over 500% of the final, dried, consumable and marketable weight. Uncured marijuana cannot be bagged or jarred because without curing because it would mold, rot, and become valueless. The States weighing of water content in uncured marijuana has resulted in many citizens receiving far harsher imprisonment, taxes and fines. Marijuana trafficking in North Carolina carries a mandatory minimum 2-year sentence for anyone possessing 10 lbs. or more. One pound of marijuana may weigh 6lbs before it dries and is useable. Many small farmers end up with trafficking charges because of this discrepancy. I do not believe this was legislatures intent, nor is it just. The marijuana trafficking statutes, 90-95 (h) (1) section (a through d) , are all unreasonably harsh by commanding lengthy mandatory minimum prison sentences. At the very least, the weight of marijuana required to warrant adding a trafficking charge should be restored to its initial threshold of 50lbs, and should be dried, and shade leaves, stems and all stalks removed before weighing. Because of recent scientific proof showing marijuanas usefulness, and its benign non-toxic effects along with current attitudes toward marijuana, trafficking in marijuana should be removed from our current laws. Currently some citizens are being charged twice for the same 10 lbs., one trafficking count for cultivation and another for possession, and this is in addition to manufacturing and possession charges.

North Carolinas Unauthorized Substance Tax Act, Article 2D 105-113.106 (6) has a different definition of what constitutes marijuana, divergent from North Carolinas Controlled Substance Acts definition found in 90-87(16). These statutes also differ in their definitions of exemptions of parts of the plant not to be considered as marijuana, respectively 105-113.107A - Exemptions and 90-87(16). N.C.s drug tax law 105.113.107(a)(1) commands for a tax of 40 per gram for stems and stalks that have been separated from and not mixed with any other parts of the marijuana plant. Yet the next paragraph, 105.113.107(a)(1a), commands for a tax of $3.50 a gram, or fraction thereof, of marijuana, other than separated stems and stalks taxed under subdivision (1) of this section. In 105-113.107A (b) (1), it states, the tax levied in this article does not apply to the following marijuana: (1) Harvested mature marijuana stalks when separated from and not mix with any other parts of the marijuana plant.

Any knowledgeable and reasonable person would assume that all stalks and large stems would eventually be separated from the rest of the marijuana plant. It is impossible separate the stalks prior to harvest, yet a reasonable person would assume that separation would eventually occur. Therefore, requiring mature stalks to be separated from and not mixed with other parts of the plant to qualify under NC 105-113.107A(b)(1)s exemptions seems far from reasonable or just. For example, the roots of the marijuana plant are exempt from tax liability under 105-113.107A(b)(4), whether separated or not. As mentioned, N.C. G.S. 90-87(16) clearly exempts mature stalks (separated or not), which is not considered marijuana by it’s definition.

Article 2D 105-113.106(6) s provisions pertaining to growing marijuana are impossible to comply with, and should be considered unconstitutional. 105-113.106(6) defines marijuana as all parts of the genus Cannabis, whether growing or not and as stated before, 105-113.107(a) (1a) calls for an excise tax of $3.50 per gram of marijuana. N.C.

Article 2D 105-113.109 (requiring payment during actual or constructive possession) is impossible to comply with concerning growing plants. Being a growing plant, its weight is changing continuously and therefore is unable to be determined accurately. Taking into consideration that a growing plant is attached to exempt growing roots, determination of the taxable parts weight is impossible to accurately assess. 105-113.109 also demands the drug tax stamps shall be permanently affixed to the unauthorized substance. Growing plants, especially outdoors, do not have a place to attach stamps where the plant will not outgrow and cause detachment.

The excessive mandatory minimum prison sentences for marijuana infractions under the N.C. G.S. 90-95 (h) (1) section (a through d) are all based on the weight of the marijuana. Therefore, by not determining the cured weight without mature stalks of marijuana prior to destruction and independent inspection and concurred confirmation by defendants; defendants right to examine and test plants under G.S.15A-903(a)(1) and defendants State and Federal Constitutional rights to due process are denied by removing the chance of a fair and reasonable opportunity to investigate, prepare and present their defense. Destruction by the State of marijuana held as evidence, before an agreed weight between the State and defendants, also violates defendants’ right of confrontation under Article 1, Section 23 of the Constitution of the State of North Carolina. Mandatory minimums sentences should not be allowed for marijuana related offences.

Past cases concerning the destruction of marijuana prior to independent determination of its weight have been ruled in favor of the State. In light of recent research and these new arguments, premature destruction of marijuana evidence by the State should not be considered actions taken in good faith, and considered violations of defendants rights previously mentioned. N.C. G.S. 90-87(16) needs to be amended to include plant moisture in the list of exempt parts of marijuana; this would more fairly apply the law by preventing unfair sentencing and fines. All stalks (mature or not), shade leaves, and male plants should be added to G.S. 90-87(16)s exemption list also. Article 2D 105-113.106(6) needs to reflect G.S. 90-87(16) by exempting all stalks (hemp fiber) separated or not, from tax liability. The valueless waste product, shade leaves, should not be taxed at $3.50 a gram and should be added along with male plants and most importantly the moisture of wet or non-dried marijuana to 105-113.107A and NC GS 90-87(16)s list of exemptions.

Legalization through regulation and a tax makes much more sense than waging war against the citizens of our State. Marijuana does not hurt society, while marijuana laws are destructive to society by creating criminals out of otherwise hard working, tax paying, good people. Alcohol and tobacco abuse causes many health and social problems, while marijuana’s effects are relatively benign to individuals and society. Until the criminal aspect is removed from marijuana, reason and justice, are replaced by oppression and hypocrisy. Please make your voice heard.

Insanity in the courts: in this drug tax case, Docket No 2002-683 (NC) (in PDF format) The State charged a citizen $39,654.72 for 1.9 pounds of marijuana by considering its initial wet weight (with some root balls) of 17.75 pounds. This demonstrates why are laws are unfair, harsh, and need to be revised. This tax case, NC Docket No 2003-269 May 19,2003 is an example of the State weighting dilute mixtures (in this case 20 pounds 9120 grams of homemade chocolate fudge), resulting in a $44,847.60 assessment when including penalties and interest with no mention of the additional criminal charges.

In the infamous case, STATE OF NORTH CAROLINA v. BRIAN FRANK GONZALES NC NO. COA03-606 - June 1, 2004 the State appealed the dismissal of trafficking charges that were rationalized in trial court by charging him with the fresh wet weight of 25.5 pounds even though the SBI certified the marijuana’s weight at 6.9 pounds 1 month later. The State won this case in appellate court. It is now the duty of citizens of North Carolina to inform your State Representatives and schedule appointments with them, or at least call to tell them how you feel and encourage them to support changing the laws the way they are currently worded.
See my proposed statute revisions, and a proposed Medical Marijuna Act of North Carolina -adapted from MPP’s model legislation Click Here

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Chances are if you are looking for a lawyer you are at a very stressful time in your life, and are overwhelmed. It doesnt have to be as hard or as costly as you think to find a good lawyer. Provided below are some tips that can take the stress out of finding a lawyer

What is it that you want - When first starting out the whole process take time to jot down exactly what it is that you want in a lawyer and in your legal case in general. This will help save you cost and aid greatly in finding a lawyer. Have a detailed layout of your whole case, what it is that has happened, and what it is you want to happen as a result of the legal case. Another very important question to ask yourself is: How much can you afford to spend on a lawyer?

Where to Look for a lawyer - Are first instinct when looking for a lawyer is to flip through the yellow pages and to see which ad, or slogan sounds right. This isnt the worst idea, although setting up consultations can be very timely and time consuming. I would recommend talking to friends and family first to see if they or anyone they know have had experience working with lawyers in your area and what they would recommend. Several people have gone through the same situation as you, ask around, and Im sure they will gladly help you out as they understand what it is like to be in your shoes. There are also several places online where you can search for lawyers. Be careful when searching online as often times sources arent as creditable as they would give themselves credit for.

What to look for in a lawyer - I think the most important aspect in finding a lawyer is finding someone that you can work with. You might find the best lawyer in the world, but if your personalities dont mesh, your going to have a really hard time working through your case. Make sure the lawyer you seek out has experience and expertise in the matter that you need him or her for. For Example if you need a divorce lawyer, there is no sense going to a lawyer who specializes in Corporate Law. This will help save in legal fees and also give you a much better chance in the case you are fighting. Look into the Lawyers experience and history. Is this lawyer qualified to handle your case?

If you take these things into consideration I have no doubt that you will have success in finding a great lawyer.

Feel free to reprint this article as long as you keep the following caption and author biography in tact with all hyperlinks.

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The arraignment process involves:

• Being brought before a Judge in the courtroom

• Receiving the criminal complaint with the crimes charged and the factual basis to each charge

• The District Attorney requesting bail or releasing you on your own recognizance (called ROR)

• Pleading guilty or not guilty

The process starts when the court officer brings you from the cell in the back of the courtroom and into the courtroom before the Judge.

If you were unable to contact your family, friends or an attorney when you were arrested then most likely the court will have a Legal Aid attorney appear for you. Legal Aid attorneys are in the courtroom at all times to defend the poor, and most times to appear for the unrepresented.

Usually there will be about three attorneys from the District Attorneys office in the courtroom. One of them will read the charges against you and request the court to impose bail at a certain amount or no bail. If no bail is demanded by the District Attorney then you will hear the word ROR, which means return on your own recognizance.

Bail is determined according to the crime and your personal information. At arraignment the District Attorney will have your personal information obtained from their computer searches on you. They call this your rap sheet. It will include information about you, such as:

• Any Prior convictions

• Any arrests at anytime

• Any pleas to prior arrests

• Parole

• Probation

If your rap sheet is clear of any crimes and this is your first arrest, chances are good that there will be no bail set against you. But even if your rap sheet is clear, if the crime youre charged with is serious (such as involving a large amount of stolen money or violence), bail can be set against you. There are different factors affecting the setting of bail against you, and all are considered by the judge in a matter of minutes.

If the District Attorney requests bail, your attorney should argue that:

• Youre not a flight risk

• You have family, friends and a job in the state or locally

• The charges against you are improper in some way.

Your attorney may even get the whole case dismissed if the District Attorneys criminal complaint against you is not properly drafted or signed by a proper party.

Getting The Complaint Dismissed At Arraignment

The District Attorney drafts the criminal complaint against you from information received from the arresting officer and the victim of the crime. While youre being processed through the Precinct and Central Booking, the arresting officer will fax his paperwork and information regarding your arrest and charges to the District Attorneys office. Someone in the District Attorneys office will then call the victim and get more information so they can properly draft the complaint.

The complaint needs to be signed under oath by the arresting officer or the victim. If it is not signed by anyone when you appear at your arraignment then it is not corroborated and must be dismissed. So check out who signed the complaint: if it was a person other than the arresting officer or the victim then the complaint should be dismissed.

Lastly, if the facts of the complaint do not establish each legal element of the crime charged, or the complaint is poorly drafted then it should be dismissed however, the court usually will give the District Attorney a few weeks to file a properly drafted complaint.

Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
2004 Susan Chana Lask All Rights Reserved

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If youre suspected of a crime, the police can come to your house or work or find you on the street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card from the detective under your door, or a message on your phone from him asking you to call.

You always have the right to remain silent, as anything you say to a police detective will be used against you in court. You also have the right to be represented by an attorney when talking with the police.

Just because a detective comes around looking for you doesnt mean you have to speak to him or see him at the police precinct. If the detective is at your door, you dont have to open it for him unless he has a warrant. If a detective is knocking at your door, you dont have to answer. You can wait until he leaves if you want and then of course call your attorney.

Usually, a detective will hound you to come into the precinct headquarters to talk. But once you set foot into the precinct, the detective will have you at his mercy, where he can use different routines - such as good cop/bad cop - or violate your rights just enough to be legal to get you to talk. Maybe hell take your backpack from you or other property you came in with like your cell phone, then direct you to wait for him, leaving you alone in a room for what could feel like a lifetime. He may even ask you to write your version of the story down and then use that against you later.

The police are experts trained in gaining your trust and confidence. They know what to say and what tone to use with you. They will lie and misinform you to get information they want. They can tell you they have witnesses when they do not or say they will lower the charges when they will not. The police most likely will not read you your rights because they want to create an informal, relaxed appearance so you will spill the beans voluntarily.

Good Cop, Bad Cop

If youre not talking then detectives may use the good cop/bad cop routine. The first cop sits alone with you in a small room and talks about the crime. If hes not getting the information he wants to hear to nail you, then you may find yourself standing at the fingerprint machine with another more sensitive cop. Once youre at the fingerprint machine you can be sure youre being charged despite the fact that no one explained anything to you, read you your rights or told you what youre being charged with. Part of the game is to keep you disoriented and guessing your situation. If you hear the new cop say just tell the detective what he wants to hear and youll get out of here faster on a lesser charge then you are being played and you definitely need to keep quiet. Don’t say something just because you think it will get you out faster, because you’re already in there and you’re going to go through the arrest process no matter what.

When the police tell you the consequences of a crime they intend to charge you with, or that they can lower the charge, dont believe anything they say. They can and will lie to you to get you to talk so they can make an arrest. The police are not your attorney, they are not your friends– they are there to make an arrest.

The only way to protect yourself is to remain silent at all times. Enforce your right by consistently and politely stating I am remaining silent until I have counsel. The police can not interrogate you once you invoke that right, although they will try to interrogate you. They also cant interrogate you unless they first read you your rights.

When you arrive at the police precinct , the police should have you sign a paper with your legal rights listed on it. They should have you read your rights while they read it to you, and then have you initial each right and sign the paper at the bottom with the time and date. This paper is a good thing for the police to prove they followed procedure and it will coordinate the time of your arrest closely with the time of reading your rights. It is not mandatory that they give you this paper with your rights, because they can by law verbally read you your rights and note in their notebook the time they read you your rights. Of course, they could never read you your rights and later say they did.

Hiring An Attorney

If a detective is hounding you with phone messages and coming by your house leaving cards with your roommate or family, immediately get an attorney. An attorney can determine if the police are going to arrest you. If you are going to be arrested then your attorney will advise you what to do (and what to say or not say), explain the arrest process, arrange for you to turn yourself in and get you through the process quicker. Also, the police will know they cant interrogate you if youre represented by counsel.

A good attorney will fax a letter of representation to the precinct and follow you through the arrest process by calling the proper offices and getting you to arraignment and out quicker. Your attorney should also fax a notice of appearance on your behalf to the Arraignment Clerks Office the minute he or she discovers youve been docketed by the District Attorneys office (meaning theyve drafted and filed a Criminal Complaint against you and assigned a docket number to your case so it can be heard by the court).

If you do not voluntarily turn yourself in then the police will remember you made it harder for them to arrest you and they may purposely delay your arrest process and make you sit for three days in jail before you see a judge. Theyll delay filling out your paperwork and sending it to the proper offices. They may even lose your paperwork.

The last thing you want to do is spend a minute longer being arrested and in jail so here’s a valuable tip: dont turn yourself in or get arrested at night or on a weekend because there are less people working those shifts and the courts close certain hours, so the process can take three days or sometimes longer.

Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
2004 Susan Chana Lask All Rights Reserved

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What about little white lies? What about when your partner asks you if this dress makes her look fat. What do you think? Is it OK to lie to a person we care about for a kind reason, like to make him feel better and more secure, or to avoid a fight. As long as our heart is in the right place, even experts say that honesty isn’t always required. You don’t have to tell the whole truth if it will hurt your partner or if it’s something he can’t change.

At the same time, not all lies are harmless — even little white ones — and some untruths can tear apart a relationship by damaging intimacy and trust. The worst kinds of lies result from trying to change who we really are or to minimize a serious problem in a relationship.

Following are some lies that can hurt your relationship.

You deserved that promotion.

Your significant other is upset because he has just been passed over for a raise — again. You’re trying to cheer him up. This is not a good lie because chances are that your partner wants your emotional support rather than your opinion of his job skills and performance. When you focus on his not getting the promotion instead of his feelings, you are saying that can’t stand to see him down or deal with him being depressed. The better answer would be something like I’m sorry. I know how bad you must feel.

You think I was flirting with Stan! Don’t be silly!

Stan a good-looking colleague with whom you regularly do flirt. Your partner happened to catch one of these interactions — and didn’t like what he saw. You actually do flirt with Bob, but you know your exchanges don’t mean anything, so they’re not worth discussing. Still, if your partner brought this up, he must be feeling jealous or insecure. By minimizing feelings, you are distancing yourself and damaging the relationship. Its better to say that you sometimes do flirt with Stan but it doesnt mean anything because you have no intention of getting involved with him.

Lying about sexual satisfaction is not a good idea because your love life will never improve if your partner doesnt know he or she isnt satisfying you. Its better to say something like Honey, can we try this another way?

I love spending Christmas with your family.

You were hoping that the two of you could have an intimate holiday together, for once, but your partner just told you that he already committed to having the two of you spend it with his family. Your thinking is that you will hate this but its done now so why fight about it? The problem is that holidays will come up every year, and if you dont say something about it youll be annoyed every year. Its better to say something like I’ll try to have a good time, but next year, lets talk about our holiday plans together before committing.

Nothing’s wrong.

You’re in a rotten mood, but it’s not about your partner and don’t feel like going into it until you have sorted out the details.

This kind of lie can turn something small into a great big deal because your mate will wonder what is so wrong that you can’t share it with him. Its better to say I’m upset, but it has nothing to do with you — and I don’t feel like talking about it right now.

Thanks for the surprise! I love these earrings!

He was in a store, they caught his eye, and he had them wrapped up to go. The earrings aren’t really your style, but you appreciate his thoughtfulness, and being critical about those earrings may stop him from trying to do spontaneous things to please you. Its probably better to tell the truth about your taste if you suspect that he spent a lot of money for them.

You’re the best lover I’ve ever had.

You’re next to him, sweaty, panting and post-orgasmic.

Sure, you’re exaggerating a bit, but you’re feeling euphoric.

This lie wont hurt because its a compliment that will make him feel good.

Susan says hello.

Your friend hates your mate, who wants to know who youve been speaking with on the phone. You dont want to hurt his feelings, and so this is a good lie because its kinder than the truth.

Note that Legal Helper Corp. - http://www.legalhelpmate.com/prenuptial-agreement.aspx - provides an easy-to-use, quick, and economical online method for creating Prenuptial Agreement (Premarital).

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Should we have a prenuptial agreement?

OK. You can look at the idea as very cold and unromantic. You can look at the idea as a considerate and practical way to decide before the marriage certain issues having to do with your money.

It is interesting to note that the custom of creating prenuptial agreements is not the modern invention that it seems to be. During the 19th century, before the Married Women’s Property Act of 1848, prenuptial agreements were necessary for women in the United States. Until the act became law, everything a woman owned or inherited was transferred to her husband. If he died or divorced her, she was just out of luck.

Nowadays it is not so uncommon to execute prenuptial agreements. And these are not just for the famous super-rich couples we read about, where one spouse is much richer than the other. These are couples who want to be upfront about financial issues and get that out of the way before the wedding.

A prenuptial agreement is a signed and notarized contract that describes how a couple will handle the financial aspects of their marriage. The prenuptial agreement has many positive benefits that are not related to divorce, and although it is not very romantic, it has many positive elements.

If a future spouse won’t sign a prenuptial agreement, it may be best to discover this before the wedding.

The financial well-being of children from a previous marriage can be protected

Personal and business assets accumulated before the marriage are protected by a prenuptial agreement.

A prenuptial agreement reveals financial expectations before the wedding.

A prenuptial agreement discloses assets a spouse may want to give to children or other family members in the event of death.

In the event of a divorce, the prenup eliminates battles over assets and finances.

Signing a prenup does not mean that a couple is anticipating divorce.

Prenups address financial matters need to be faced.

A well-constructed prenuptial agreement can preserve family ties and inheritance.

Despite its many positive features, the prenuptial agreement cannot accomplish everything.

A prenuptial agreement may be considered unromantic.

A prenuptial agreement may give the appearance of a lack of trust between the partners.

It is true that a prenup could create resentment between certain spouses.

Certain requirements exist so that the prenuptial agreement cannot be declared invalid. These include failure to disclose all assets, evidence of fraud, forcing the agreement upon the other spouse, unfairness, and lack of representation at the time of signing the agreement.

If you are considering having a prenuptial agreement it is important to remember these things:

Dont wait until the last minute to talk about financial matters. Discuss the agreement early in the relationship.

Dont try to hide your thoughts, feelings, and especially your assets.

Note that Legal Helper Corp. - http://www.legalhelpmate.com/prenuptial-agreement.aspx - provides an easy-to-use, quick, and economical online method for creating Prenuptial Agreement (Premarital).

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We all know times are tough and, for some of us, bills are getting harder to pay each month. If the debts you owe are more than what you can afford, you should read on.

Filing a bankruptcy can be the answer to your problems. A bankruptcy is a way to discharge your debts completely so you can have a fresh start in your financial and personal life. You can only file a bankruptcy once every 6 years and once filed, it can become part of your credit history

Before filing, you want to know two things: 1) that your monthly expenses (i.e. rent, phone, medical payments and just about anything else paid by you for the living expenses of you and your family) are more than your monthly net income and 2) that your assets (all property you own at its current market value) are worth less than your liabilities (that is, the debts you presently owe and that you will list in your bankruptcy petition).

The next step in filing a bankruptcy is to have the actual petition prepared. The petition is an extensive document listing all of your income, assets and liabilities as well as other information with respect to your financial history. You must list all of the creditors that you owe money to and want to be discharged from that debt. Any creditor that you do not list will always remain your creditor. For example, you may want to keep one of your credit cards if you do not list that credit card company on your petition then you can continue to use that line of credit (of course, you will continue to make your monthly payments for that credit card).

Your petition will be filed in the bankruptcy court for about a $150.00 fee. The moment your petition is filed an automatic stay is in place that means your creditors listed in the petition must stop their collection procedures during your bankruptcy proceeding.

Only those creditors you list in the petition will be notified with respect to your filing for bankruptcy. In about 30 days from your filing date, you will be scheduled for a first meeting of creditors (called a section 341 meeting). At that meeting, the bankruptcy trustee (the person from the court) will ask you some questions. The trustee is interested in discovering whether you have any property or assets available for the benefit of your creditors. By law, you are allowed to keep certain property and the trustee’s questions are very straightforward and not at all intimidating. When the trustee is finished, your creditors are given an opportunity to speak. If none of your creditors appear then an additional 60 days is set for anyone to make any objections or file any additional papers. If nothing happens in that 60 day period, your bankruptcy will be granted and you will be relieved from all debts listed in your petition.

This article is certainly not all inclusive and is intended only as a brief explanation of the legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.

Any questions and/or comments with respect to this topic or any other topic, contact:

Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762 Susan Chana Lask, Esq. c 2004

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Failure to follow corporate formalities may expose corporate officers, directors and shareholders to personal liability. Maintaining good records, including corporate minutes, on a timely basis goes a long way toward maintaining the limited liability benefit of a corporation.

If incorporating was your first step to a new and safe way to do business, compliance with the law is the easiest way to keep you safe from any liability associated with they way you manage your company.

There are many reasons to pay attention to the formalities associated with running a corporation: Business corporation laws require articles of incorporation and bylaws and specify other things that must occur.

Articles of incorporation and bylaws form a contract between the corporation and its shareholders, obligating the corporation to act in accordance with the articles and bylaws.

Directors and officers owe the corporation and shareholders a fiduciary duty to use good faith, exercise due care, and act in the best interests of the corporation. Majority shareholders must act in good faith, in a manner not calculated to oppress the rights of minority shareholders.

Corporate formality must be respected and observed to preserve the integrity of the corporation and to shield officers, directors, and shareholders or related businesses from personal liability.

Dont think that for the fact that you can be the only person holding all the positions of a corporation you are out of keeping your company in compliance. Small companies also have duties with State Agencies, providers and even customers.

Why Are Minutes So Important?

Its the law. Nothing more clear than that. Minutes are legal records that document actions and support business decisions made by the principals of the business throughout the year. Minutes help you to separate your own affairs from the companys actions. It is the way to protect you from liability.

During an IRS audit a privately held company may be required to produce the minutes of the company. If they do not, or can not give the minutes to the IRS agent, the problems stand as found. There is no negotiation with the IRS.

State law requires corporations to prepare annual minutes and in many cases; failure to do so has contributed to piercing of the company veil resulting in exposure to the principals.

As mentioned, without current and complete minutes, corporate players could be held personally liable for the actions of the corporation.

Protect Yourself

Your legal protection could be in jeopardy if a creditor successfully pierces the corporate veil due to the corporations failure to keep minutes.

Good recordkeeping habits and paying attention to detail are necessary for any successful business. Now you know it.

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Perhaps you’ve heard of or seen Hollywood’s portrayal of Swiss Bank accounts, Offshore Trusts and Corporations, and Tax Havens of the rich and famous as jet setting moguls live mysterious yet exciting lives.

But in the real world, although these same financial structures (most administrated by reputable and legal banks), have been around for hundreds of years, there are still many people who consider the above strategic asset protection entities as illegal.

I think we need to look at what they were intended to do. Asset or lawsuit protection laws were designed for the very purpose of protecting your assets from being frozen and the possibility of unjust forfeiture.

Still others consider asset protection a moral dilemma… something unethical or dishonest. This is the furthest thing from the truth.

But, at the same time, I’m not trying to start a moral debate here nor am I recommending nor would any attorney in their right mind advise that you avoid paying a judgment or fine that you rightfully owe.

That being said, I feel you should be in the position to make the final verdict on what is fair and right.

Because when lifetime, incumbent judges and bleeding-heart juries stop handing out ludicrous decisions, then I’ll be the first person to tell you that you’ll no longer need to protect your hard earned assets.

I guess the irony of it is, collection lawyers, government agencies such as the IRS and the FTC, and everyone outside the asset protection circle, make every effort to characterize legal asset protection as dishonest, fraudulent, or worse.

Of course, their motives are transparent. They viciously denounce anyone who successfully stop their efforts to collect or seize their assets which then disrupts the stream of income flowing in their direction.

So, total asset protection is NOT illegal or a privilege; it is a freedom protected by the U.S. Constitution. Imagine that.

I think most people would be totally surprised at how many of our politicians and well known corporate giants have gone offshore to safe guard their millions in assets.

Looking into asset protection and then taking action to protect your business and personal assets maybe one of the most important and intelligent financial decisions you may ever make.

So, talk to an asset protection consultant and attorney now… before its too late.

Because the cost of setting these protection devices in place will be ridiculously small compared to the cost of losing your home, cars, retirement and investment accounts. Not to mention the unimagineable stress. Do it now.

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