Trust Funds With Interesting Beneficiaries
by: Melissa Gordon
Many people will associate big trust funds with their famous beneficiaries (or potential beneficiaries). Without needing to name anyone, you can probably think of a few yourself. In very many cases their massive inheritances leave huge numbers of people wondering what on earth they have done to be so lucky as to receive huge payouts, with more to come when their elderly relatives die. And yet that is just how things are. Money held in trust does not (necessarily) go into a trust fund on the proviso that the potential beneficiary behaves like a decent human being for the rest of their life. In fact, the only thing that generally governs who will benefit from a trust, and how much they will get, is the testator’s own discretion – and/or that of the nominated trustee who will manage the fund with them and after their death. This has led to money getting left in trust for some surprising beneficiaries over the years. For example, the hotelier Leona Helmsley – known by many as “the Queen of Mean” – who died in 2007 at the age of 87 from congestive heart disease – left a surprising amount of money in trust for two of her grandchildren. That amount was precisely nothing. The reason she is reputed to have given is that they did not name any of their sons after her late husband Harry. She did, however, leave an amount of $12 million to her white Maltese dog Trouble, as well as a further large amount in trust – believed to be between $5-8billion for dogs in general. Although the trust is not bound to abide by the latter stipulation, Trouble has made out pretty well from Helmsley’s death, with a further stipulation stating that she will be buried next to Helmsley in the family mausoleum. Helmsley had two other grandchildren, and they benefited from her will to the tune of $10million each – but they will lose at least half of that if they do not visit their late father’s gravesite once a year. The story does not end there, however. On legal challenge, it was ruled that Helmsley was not of sound mind when she made these bequests, and as a result they were amended by the courts dependent on certain factors. The two disinherited grandchildren were paid $6million and Helmsley’s own charitable foundation a further $4million. Where did this extra $10million come from? Trouble. Because Judge Renee Roth judged that Leona Helmsley was of unsound mind when she made the original bequests, and possibly to save Trouble from becoming the first dog ever to be the victim of a constructive homicide, Roth decided that the grandchildren would be entitled to $6million as long as they maintained a media silence about their dispute with their grandmother. Trouble’s caretaker, Carl Lekic, explained that $2million would be more than adequate to keep Trouble in the manner to which she was accustomed for the next ten years – and as a result, numerous death threats against Lekic were dropped. It seems, then, that there are two lessons here to be learned. One: that you should be nice to anyone who may leave you money. And Two: Even if disinheriting your grandchildren seems like a good revenge, you may wish to undergo a psychiatric evaluation before you actually do it.
четверг, 28 мая 2009 г.
среда, 27 мая 2009 г.
OIG Workplan: What Can Providers Expect
by: Andrew Wachler
On October 1, 2007, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued its 2008 annual Work Plan, which outlines the key focus areas and projects the OIG intends to pursue during the 2008 fiscal year (FY 2008). The OIG Work Plan is available in its entirety from the OIG website. Approximately 80 percent of the OIG’s resources are devoted to projects within the Medicare and Medicaid programs. These projects include audits, evaluations, investigations, and legal activities. This article will highlight a few of the areas within the Medicare and Medicaid programs that the OIG identified as focus areas for FY 2008. Physicians and other healthcare providers and suppliers providing services billed to Medicare and Medicaid are well-advised to review the sections of the Work Plan applicable to the services they provide, and review their existing compliance efforts, in the context of anticipated OIG activity for the upcoming year. Although the 2008 Work Plan outlines the OIG’s intended areas of activity for the fiscal year ahead, the OIG also has noted that work planning is a dynamic process that continues after the publication of its annual Work Plan. Thus, after analyzing current events and emerging issues as they arise, the OIG may add new activities or cancel or delay planned activities, as it deems appropriate. At the time of the Work Plan’s publication in October 2007, the OIG announced that it would focus on the following issues related to Medicare and Medicaid, among others, during FY 2008: A. Medicare 1. Hospitals As in previous annual Work Plans, the OIG outlined several areas of focus and initiatives it has planned for FY 2008 regarding Medicare payments made to hospitals. New in the 2008 Work Plan, the OIG articulated heightened interest in Medicare payments made to long-term care hospitals. Accordingly, long-term care hospitals may see increased investigations and audit activity during FY 2008. The OIG enumerated multiple areas of focus with respect to these hospitals. Also in FY 2008, the OIG will review physician-owned specialty hospitals for indicators of patient care and safety. The OIG cited concerns raised about the appropriateness of care and about whether staffing levels were appropriate at specialty hospitals. 2. Home Health Agencies The OIG will review national data collected regarding home health agencies’ survey and certification findings, particularly with respect to any findings of deficiency. The OIG will consider whether agencies with a history of noncompliance with certification standards perform differently during cyclical survey and certification than agencies without a history of noncompliance with certification standards. This analysis will be conducted in an effort to determine whether sanctions are effective when placed upon agencies with findings of deficiencies. The OIG will also consider whether services billed by home health agencies were appropriately coded, fully documented, and properly billed. 3. Nursing Homes and Hospice The OIG plans to review hospice services provided to Medicare beneficiaries who reside in nursing facilities and assess the appropriateness of payments for hospice care for these services. 4. Physicians and Other Health Professionals The 2008 Work Plan includes several areas of focus regarding Medicare services billed by physicians and other health professionals. These areas of focus include, but are not limited to, the areas listed below. Notably, diagnostic testing is a significant area of focus for the OIG in FY 2008, as evidenced by numerous projects identified in these areas: Place of service billing errors E/M services billed during global surgery periods Selected physician services Services billed “incident to” Psychiatric services Services performed by clinical social workers Polysomnography services Pain Management services High-frequency chiropractic treatments Business relationships and MRI Geographic areas with a high-frequency of ultrasound services Geographic areas with a high-density of IDTFs Medicare reassignment rules 5. Durable Medical Equipment As in previous years, the OIG identified multiple focus areas regarding Medicare payments for durable medical equipment supplies. The multiple areas of focus outlined by the 2008 OIG Work Plan demonstrate that durable medical equipment suppliers remain subject to high-scrutiny by the OIG, and thus these suppliers must be highly vigilant about compliance with Medicare and Medicaid regulations and policy. 6. Part B Drug Reimbursement The OIG will review Medicare Part B drug reimbursement. Among other topics, the OIG will review drug manufacturers’ methodologies for computing the average sales price for Part B medications, and will assess manufacturers’ compliance with the statutory requirements for determining the average sales price of these medications. 7. Medicare Part D Administration The OIG will continue to monitor the administration of the Medicare prescription drug benefit in 2008. Among other areas of focus, the OIG will consider the following: * Whether duplicative claims have been made for medications (e.g. whether claims submitted under Medicare Part D were also submitted under Part A or B); * Whether employer controls for the Retirement Drug Subsidy (RDS) program are sufficient; * Whether CMS’ methodology for reviewing and approving Medicare Part D sponsor bids is appropriate; and * Whether sponsors’ compliance programs are effective and compliant with federal regulations. The OIG cited a previous report finding that some sponsors’ compliance plans did not address all of the required elements concerning fraud. 8. Medicare Cross-Cutting Issues As mandated by the Tax Relief and Health Care Act of 2006, section 203, the OIG plans to conduct a series of studies of serious medical errors, known as “never events.” The OIG will study the incidence, facility response, and payments associated with these events. The studies will include an evaluation of medical error reporting and provider response, as well as other targeted studies. B. Medicaid In FY 2008, the OIG will also focus its attention upon various aspects of Medicaid payments. Among other areas of focus, the OIG will consider all of the following: Medicaid payments made to hospitals Medicaid long-term and community care Medicaid mental health services Other Medicaid services Medicaid State Children’s Health Insurance Program (SCHIP) Medicaid administration TOP MANAGEMENT AND PERFORMANCE CHALLENGES Recently, the OIG acknowledged that many projects on which it intends to focus in FY 2008 pose management and performance challenges that must be addressed with novel strategies, in addition to the current management strategies the Department of Health and Human Services (HHS) has implemented. The OIG published a publication, “Top Management and Performance Challenges,” which is available from OIG’s website, and outlines these management challenges and the steps the OIG is taking to address these challenges. The management challenges specified by the OIG include all of the following: Oversight of Medicare Part D Integrity of Medicare Payments Appropriateness of Medicaid and SCHIP Payments Medicaid Administration Quality of Care Public Health Emergency Preparedness and Response Oversight of Food, Drug, and Medical Device Safety Grants Management Integrity of Information Technology Systems and Infrastructure; and Ethics Program Oversight and Management Notably, Medicare providers and suppliers practicing in the areas listed above should be aware that there is even more governmental scrutiny on these areas than on other areas outlined in the 2008 Work Plan. The OIG is actively taking steps to address these perceived risk and management challenges.
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воскресенье, 24 мая 2009 г.
Prenuptial Agreements to Have and to Hold
by: Pat Perkins
Lots has been heard about the prenup (premarital) agreements of the rich and famous: Donald and Ivana Trump, Brittany Spears and Kevin Federline, Tom Cruise and Katie Holmes, Michael Douglas and Catherine Zeta Jones, Nicole Kidman and Keith Urban, Charlie Sheen and Denise Richards, Liz Taylor and Larry Fortensky, Brad Pitt and Angelina Jolie, Rosanne Barr and Tom Arnold and Eric Benet and Halle Berry just to name a few. Whew! But you don’t have to be in the rich and famous parade to have a prenuptial agreement. Even if you are just a regular Joe or Josephine, there are many solid, positive reasons to add a prenup to your dowry, but these increasingly popular agreements have also seen some serious manipulation over the years resulting in demands that run the gamut from no mother-in-law sleepovers to mandatory sexual positions. (Imagine looking your attorney in the eye after agreeing to that one?) It does inspire a series of “what if” scenarios though, doesn’t it? Like, what if your back went out or your leg was broken or you just ate a 5 course meal? Would you be in breech of contract for non-performance? LOL! Are contingencies written into agreements for such exigencies? Will the party who requested this clause need an unbiased observer to monitor compliance? OK, enough is enough; you get the idea. Given the turnover of marriages and divorces in Stardomville, I guess it’s understandable that couples considering marriage or remarriage would be desperate for a gimmick or quick trick to guarantee lasting bliss, but prenups, unfortunately, will never replace marriage counselors, no matter how well written, or prevent divorce. From the looks of some of the prenup demands couples are requesting, however, it seems they haven’t gotten the message. What ever happened to talking things out? If you think this is all baloney, look below at the list of constraining clauses and demands that have found their way into prenups. It gives reading the fine print a brand new meaning, doesn’t it? * One prenup is reported to have limited Sunday football to the watching of one game each Sunday on TV. Bet you can guess the sex of the spouse making that request? * Rumor has it that in her prenup with Michael Douglas, Catherine Zeta-Jones wrangled a cool $2.8 million for every year of marriage. What do they call a woman who charges for companionship that includes sexual favors? Ouch! * Apparently Katie Holmes is no dummy either. For better or worse (is there really a “worst case” scenario here?), the buzz is that she collects $3 million for each year of her marriage when (if) it falls apart. If she can postpone instant gratification and hangs in there for eleven years, she will be entitled to half of hubby Tom’s fortune. What happens if Sugar Daddy Tom goes bankrupt after eleven years of Katie’s personal sacrifice? If I were Katie, I’d be lining up an attorney now for a divorce at the ten-year mark. (You know, a bird in the hand and all that . . . .) * Industrial magnate and former General Electric CEO, Jack Welch, must have signed his prenup with former wife, Jane Beasley Welch, during a blackout. Forbes reported that their prenup contained a sunset clause eliminating the prenup altogether after 10 years of marriage. Guess who walked away with $150 million as soon as the clause expired? Do you think Jack’s attorney was out of a job after that? Maybe Jane hired him out of gratitude. * What price addiction? One famous couples’ prenup actually included the right by one spouse to have random drug tests performed on the other. Sniff, shoot up, swallow or drag on an illegal substance and it could be poof, goodbye inheritance. Someone will need a legal aid attorney. * It is reported that Charlie Sheen and Denise Richards’ prenup is infidelity proof. Wouldn’t yours be if you had to pay your spouse $4 million each time you strayed? Sounds like a serious justification for buying either a chastity belt or becoming a monk. Hey, why take a chance? Of course, both spouses could just say no! * Several prenups have included who gets the pet, the plot at the pet cemetery, even who is entitled to the cremated remains of pets deceased before the marriage. Can you imagine arguing over the equal division of Rusty’s remains in a divorce case? One couple is purported to have included their “taxidermied” horse in their prenup. Bet it has a room of its own too! * Does your spouse-to-be swear at your mother? No problem, do what one couple did, just add a pay-up clause in your prenup for each offensive remark. You have nothing to loose and everything to gain: either a non-swearing spouse and happy mother or a very full piggy bank. Definitely a win-win situation. * Does your spouse need a little help staying on a diet? Apparently one prenup half thought encouragement meant fining the other for a weight gain of twenty or more pounds. Now that’s food for thought! Would you sign a prenup with clauses like the ones above? Love is blind and all that, but what about common sense? Does that fly out the window when cupid flies in? If the truth be known, these are things NOT to put in a prenup agreement, especially if you want it to be validated by a court of law. Frivolous or outlandish terms may cause a prenup to be set aside. Prenuptial Agreement: What Is It? A prenuptial (antenuptial, premarital) agreement is a written contract, usually prepared by an attorney, between two people who are about to marry. The contract specifies particular terms for the possession of assets, the handling of future earnings, the control of real estate, spousal support and the division of assets if the marriage is dissolved in the future. To be enforceable and stand up in court, generally a prenup must meet certain minimal requirements. They must: * be in writing * be signed by both spouses * include disclosure of all the assets, income and debt of each party * be signed only after both parties have had sufficient time to consider the contents and to obtain separate legal advice * be truthful and involve full disclosure * be entered into freely and voluntarily The demand for prenups has increased as equality between the sexes has grown and as the number of divorces and remarriages has risen. Turning away from a formerly held position that a prenup was primarily an attempt by one spouse to limit the legal and financial benefits of the other, the law is increasingly recognizing the benefits of careful premarital planning and today, every state allows prenups. However, courts do examine these documents carefully and will set aside one judged to be unfair or one that fails to meet state requirements. Prenuptial Agreement: Who Needs One? There are many sound reasons for tying up a prenup before tying the knot. Couples who plan to marry each deserve to have knowledge of the other person’s assets and debts. This is supposedly what matrimony is all about, honesty and full disclosure. If your honey seems a bit touchy on the subject of finances, finding out why before you marry is essential. Surveys have repeatedly mentioned money as the topic that most couples fight about. Simply discussing a prenup may tell you something important about the manner in which the person you are about to marry handles finances. Remember, once you are married, you not only share assets but debts as well. Prenups are helpful in promoting harmony between offspring if either the bride or the groom or both have grown children from previous marriages. Blending families is difficult enough for newlyweds to manage without having grown children suspect a step-parent of ulterior financial motives. You can let all concerned know that you have no intention of running off with mommy’s or daddy’s money by creating and signing a prenup that leaves the estates owned by each partner before marriage to his/her respective children in the event of divorce. If either or both parties have substantial assets that they want to protect when a marriage dissolves, a prenup can be crafted to not only help you keep what you brought into the marriage but what you expect to earn during your marriage--for instance, royalties on a book that you wrote before you were married or an expected inheritance from your parents. However, most states will set aside a prenup that intentionally leaves one partner destitute and a few states will not allow a potential spouse to sign away their right to alimony. Prenups can be used to protect each partner from the other’s debts too. Suppose a couple plans post-marriage to have one partner work to support the family while the other partner, using student loans to finance his/her education, attends medical or law school. It is reasonable for the party who plans to work to support the family while the other receives an education to request in a prenup that he/she not be held responsible for the student loans in the event of divorce. Prenups are anti-anxiety measures for couples who have been “taken to the cleaners” in previous marriages and for those who have experienced particularly difficult, acrimonious or outlandishly expensive divorces in the past. These so-called “victimized” couples feel that a prenup containing asset division directions will prevent future antagonisms and the possibility of being bilked again. Better than an antacid, they say. Prenuptial Agreements: What You Need To Know Look for an attorney experienced in crafting prenuptial agreements (usually a family law attorney). The attorney you select should: * willingly advise you of the pros and cons of prenups in general * listen to your particular needs and ideas * review with you all available options that can be used to insure that your goals and expectations are met * explain how state laws affect the prenup you are about the construct * advise you on the appropriateness of particular clauses and warn you of possible pitfalls A prenup is not a magic pill and it can’t anticipate all the financial and emotional concerns that are certain to arise in a marriage. But the security of having one in place will bring you more peace of mind than leaving your finances to chance in a divorce court.
by: Pat Perkins
Lots has been heard about the prenup (premarital) agreements of the rich and famous: Donald and Ivana Trump, Brittany Spears and Kevin Federline, Tom Cruise and Katie Holmes, Michael Douglas and Catherine Zeta Jones, Nicole Kidman and Keith Urban, Charlie Sheen and Denise Richards, Liz Taylor and Larry Fortensky, Brad Pitt and Angelina Jolie, Rosanne Barr and Tom Arnold and Eric Benet and Halle Berry just to name a few. Whew! But you don’t have to be in the rich and famous parade to have a prenuptial agreement. Even if you are just a regular Joe or Josephine, there are many solid, positive reasons to add a prenup to your dowry, but these increasingly popular agreements have also seen some serious manipulation over the years resulting in demands that run the gamut from no mother-in-law sleepovers to mandatory sexual positions. (Imagine looking your attorney in the eye after agreeing to that one?) It does inspire a series of “what if” scenarios though, doesn’t it? Like, what if your back went out or your leg was broken or you just ate a 5 course meal? Would you be in breech of contract for non-performance? LOL! Are contingencies written into agreements for such exigencies? Will the party who requested this clause need an unbiased observer to monitor compliance? OK, enough is enough; you get the idea. Given the turnover of marriages and divorces in Stardomville, I guess it’s understandable that couples considering marriage or remarriage would be desperate for a gimmick or quick trick to guarantee lasting bliss, but prenups, unfortunately, will never replace marriage counselors, no matter how well written, or prevent divorce. From the looks of some of the prenup demands couples are requesting, however, it seems they haven’t gotten the message. What ever happened to talking things out? If you think this is all baloney, look below at the list of constraining clauses and demands that have found their way into prenups. It gives reading the fine print a brand new meaning, doesn’t it? * One prenup is reported to have limited Sunday football to the watching of one game each Sunday on TV. Bet you can guess the sex of the spouse making that request? * Rumor has it that in her prenup with Michael Douglas, Catherine Zeta-Jones wrangled a cool $2.8 million for every year of marriage. What do they call a woman who charges for companionship that includes sexual favors? Ouch! * Apparently Katie Holmes is no dummy either. For better or worse (is there really a “worst case” scenario here?), the buzz is that she collects $3 million for each year of her marriage when (if) it falls apart. If she can postpone instant gratification and hangs in there for eleven years, she will be entitled to half of hubby Tom’s fortune. What happens if Sugar Daddy Tom goes bankrupt after eleven years of Katie’s personal sacrifice? If I were Katie, I’d be lining up an attorney now for a divorce at the ten-year mark. (You know, a bird in the hand and all that . . . .) * Industrial magnate and former General Electric CEO, Jack Welch, must have signed his prenup with former wife, Jane Beasley Welch, during a blackout. Forbes reported that their prenup contained a sunset clause eliminating the prenup altogether after 10 years of marriage. Guess who walked away with $150 million as soon as the clause expired? Do you think Jack’s attorney was out of a job after that? Maybe Jane hired him out of gratitude. * What price addiction? One famous couples’ prenup actually included the right by one spouse to have random drug tests performed on the other. Sniff, shoot up, swallow or drag on an illegal substance and it could be poof, goodbye inheritance. Someone will need a legal aid attorney. * It is reported that Charlie Sheen and Denise Richards’ prenup is infidelity proof. Wouldn’t yours be if you had to pay your spouse $4 million each time you strayed? Sounds like a serious justification for buying either a chastity belt or becoming a monk. Hey, why take a chance? Of course, both spouses could just say no! * Several prenups have included who gets the pet, the plot at the pet cemetery, even who is entitled to the cremated remains of pets deceased before the marriage. Can you imagine arguing over the equal division of Rusty’s remains in a divorce case? One couple is purported to have included their “taxidermied” horse in their prenup. Bet it has a room of its own too! * Does your spouse-to-be swear at your mother? No problem, do what one couple did, just add a pay-up clause in your prenup for each offensive remark. You have nothing to loose and everything to gain: either a non-swearing spouse and happy mother or a very full piggy bank. Definitely a win-win situation. * Does your spouse need a little help staying on a diet? Apparently one prenup half thought encouragement meant fining the other for a weight gain of twenty or more pounds. Now that’s food for thought! Would you sign a prenup with clauses like the ones above? Love is blind and all that, but what about common sense? Does that fly out the window when cupid flies in? If the truth be known, these are things NOT to put in a prenup agreement, especially if you want it to be validated by a court of law. Frivolous or outlandish terms may cause a prenup to be set aside. Prenuptial Agreement: What Is It? A prenuptial (antenuptial, premarital) agreement is a written contract, usually prepared by an attorney, between two people who are about to marry. The contract specifies particular terms for the possession of assets, the handling of future earnings, the control of real estate, spousal support and the division of assets if the marriage is dissolved in the future. To be enforceable and stand up in court, generally a prenup must meet certain minimal requirements. They must: * be in writing * be signed by both spouses * include disclosure of all the assets, income and debt of each party * be signed only after both parties have had sufficient time to consider the contents and to obtain separate legal advice * be truthful and involve full disclosure * be entered into freely and voluntarily The demand for prenups has increased as equality between the sexes has grown and as the number of divorces and remarriages has risen. Turning away from a formerly held position that a prenup was primarily an attempt by one spouse to limit the legal and financial benefits of the other, the law is increasingly recognizing the benefits of careful premarital planning and today, every state allows prenups. However, courts do examine these documents carefully and will set aside one judged to be unfair or one that fails to meet state requirements. Prenuptial Agreement: Who Needs One? There are many sound reasons for tying up a prenup before tying the knot. Couples who plan to marry each deserve to have knowledge of the other person’s assets and debts. This is supposedly what matrimony is all about, honesty and full disclosure. If your honey seems a bit touchy on the subject of finances, finding out why before you marry is essential. Surveys have repeatedly mentioned money as the topic that most couples fight about. Simply discussing a prenup may tell you something important about the manner in which the person you are about to marry handles finances. Remember, once you are married, you not only share assets but debts as well. Prenups are helpful in promoting harmony between offspring if either the bride or the groom or both have grown children from previous marriages. Blending families is difficult enough for newlyweds to manage without having grown children suspect a step-parent of ulterior financial motives. You can let all concerned know that you have no intention of running off with mommy’s or daddy’s money by creating and signing a prenup that leaves the estates owned by each partner before marriage to his/her respective children in the event of divorce. If either or both parties have substantial assets that they want to protect when a marriage dissolves, a prenup can be crafted to not only help you keep what you brought into the marriage but what you expect to earn during your marriage--for instance, royalties on a book that you wrote before you were married or an expected inheritance from your parents. However, most states will set aside a prenup that intentionally leaves one partner destitute and a few states will not allow a potential spouse to sign away their right to alimony. Prenups can be used to protect each partner from the other’s debts too. Suppose a couple plans post-marriage to have one partner work to support the family while the other partner, using student loans to finance his/her education, attends medical or law school. It is reasonable for the party who plans to work to support the family while the other receives an education to request in a prenup that he/she not be held responsible for the student loans in the event of divorce. Prenups are anti-anxiety measures for couples who have been “taken to the cleaners” in previous marriages and for those who have experienced particularly difficult, acrimonious or outlandishly expensive divorces in the past. These so-called “victimized” couples feel that a prenup containing asset division directions will prevent future antagonisms and the possibility of being bilked again. Better than an antacid, they say. Prenuptial Agreements: What You Need To Know Look for an attorney experienced in crafting prenuptial agreements (usually a family law attorney). The attorney you select should: * willingly advise you of the pros and cons of prenups in general * listen to your particular needs and ideas * review with you all available options that can be used to insure that your goals and expectations are met * explain how state laws affect the prenup you are about the construct * advise you on the appropriateness of particular clauses and warn you of possible pitfalls A prenup is not a magic pill and it can’t anticipate all the financial and emotional concerns that are certain to arise in a marriage. But the security of having one in place will bring you more peace of mind than leaving your finances to chance in a divorce court.
суббота, 23 мая 2009 г.
Top 10 Signs You've Found the Right Lawyer
by: Sarah Matthews
Hiring a lawyer can be one of the most important decisions you'll ever make, so make sure you take the time to find the right one. Whether you need an attorney to help you finalize the sell of your home, a family law specialist to finalize your divorce, or an immigration lawyer to make sure you don't get deported, getting the right person is key. That search however, can be tedious and tricky, and is often fraught with difficulty. Feeling completely confident that you've found the right person is often the hardest part of all, which is why we've compiled a list to ascertain that you actually have... 1. You've shopped around, and come up with the best. Don't just hire the first person who comes along. Make a list of lawyers you think would be suitable, then prepare a list of questions to ask. After each interview, compare the answers. When someone seems right, set up a face-to-face meeting (sometimes the fee for initial meetings is waived, sometimes not). Write down what they say and compare answers once more. 2. Your lawyer comes with the right recommendations and/or client references. It's important not to underestimate the importance of word-of-mouth when it comes to hiring the right person. Ask friends or neighbors who have hired lawyers for similar reasons in the past if they can recommend someone. Certified lawyer referral agencies can also recommend a lawyer to you if you need it, or put you in touch with an agency that can. 3. They enjoy a good reputation in the community, and have earned the respect of both clients and colleagues. You might even ask someone in the community to recommend someone specifically suited to your problems or needs. If you are suffering sexual harassment at the workplace, for example, it might be a good idea to contact a local women's group to ask for recommendations. 4. They have the right specialty, or area of expertise. You may not need a lawyer who has a specific specialist, but then again, you might. Lawyers can specialize in different areas, and they can become State Bar-certified specialists, in some cases. They include, among others: criminal law, family law, immigration law and bankruptcy law. Also, make sure they have the right focus of practice within their chose field. Immigration lawyers, for example, enjoy many sub-specialties, such as family, employment and deportation. 5. The fees seem to match what you can afford. It's not good getting a fantastic lawyer, only to discover after your first meeting that he or she charges $400 per hour more than you can reasonably expect to pay. Remember that you will also have to pay the costs of the case as well as the lawyer's fee, even if you lose, so it's imperative that you know a good estimate of what those fees will be in advance. Will you have to pay for phone conversations, photocopying, extra research? Will there be a payment plan, or a retainer fee? Be upfront with your lawyer in the very beginning about providing a written estimate, and let them know you'll expect an update if the costs change for any reason. 6. Your chosen lawyer has the experience needed to handle your case. Don't be taken in by first impressions only, although they are definitely important. Ask your potential lawyer if he or she has handled similar cases before, how many, and what the outcomes were. You will need someone who can openly discuss their background dealing in similar cases, and who is willing to disclose the outcomes to you. 7. They have passed all necessary checks. You can always look on the State Bar's web page to see if the lawyer you are considering hiring has ever been publicly disciplined by the Bar, or if they have ever been the subject of any ethical or disciplinary action. If so, ask them to explain – if you are uncomfortable doing this, you're far better off using someone else. Erring on the side of caution is always best in this type of scenario. 8. They're not too overworked – and do most of their work themselves. You don't want to hire a lawyer who is too busy to take on another case, nor do you want someone who has a bevy of paralegals doing most of the work for them. A rule of thumb is that one or two paralegals per attorney is a good number, meaning that they actually have enough time to talk with you about your case – and know personally what is going on. Ask if they will handle everything themselves, especially if the case goes to litigation. 9. They have good communication skills, and will keep you reasonably well informed at all times. The last thing you want is a lawyer who just repeatedly assures you that everything is progressing smoothly without supplying cold, hard facts. Ask how you will be let into the loop – through regular emails, phone calls or faxes, or perhaps through a sit-down meeting every other Tuesday (which you'll be paying for!). You may want to insist upon a regular timetable for updates – then again, you may not. 10. The chemistry is right. When all is said and done, your gut feeling is perhaps more important than anything else. Even if someone seems perfect on paper, if the two of you don't get along and you feel uncomfortable asking questions, obviously this isn't the right lawyer for you. A good lawyer is hard to find and, in most cases, a hard lawyer is good to find. Ensure you get the best by taking the time to find the right person, one who ticks all the boxes and has the right qualifications, as well as the right personality.
by: Sarah Matthews
Hiring a lawyer can be one of the most important decisions you'll ever make, so make sure you take the time to find the right one. Whether you need an attorney to help you finalize the sell of your home, a family law specialist to finalize your divorce, or an immigration lawyer to make sure you don't get deported, getting the right person is key. That search however, can be tedious and tricky, and is often fraught with difficulty. Feeling completely confident that you've found the right person is often the hardest part of all, which is why we've compiled a list to ascertain that you actually have... 1. You've shopped around, and come up with the best. Don't just hire the first person who comes along. Make a list of lawyers you think would be suitable, then prepare a list of questions to ask. After each interview, compare the answers. When someone seems right, set up a face-to-face meeting (sometimes the fee for initial meetings is waived, sometimes not). Write down what they say and compare answers once more. 2. Your lawyer comes with the right recommendations and/or client references. It's important not to underestimate the importance of word-of-mouth when it comes to hiring the right person. Ask friends or neighbors who have hired lawyers for similar reasons in the past if they can recommend someone. Certified lawyer referral agencies can also recommend a lawyer to you if you need it, or put you in touch with an agency that can. 3. They enjoy a good reputation in the community, and have earned the respect of both clients and colleagues. You might even ask someone in the community to recommend someone specifically suited to your problems or needs. If you are suffering sexual harassment at the workplace, for example, it might be a good idea to contact a local women's group to ask for recommendations. 4. They have the right specialty, or area of expertise. You may not need a lawyer who has a specific specialist, but then again, you might. Lawyers can specialize in different areas, and they can become State Bar-certified specialists, in some cases. They include, among others: criminal law, family law, immigration law and bankruptcy law. Also, make sure they have the right focus of practice within their chose field. Immigration lawyers, for example, enjoy many sub-specialties, such as family, employment and deportation. 5. The fees seem to match what you can afford. It's not good getting a fantastic lawyer, only to discover after your first meeting that he or she charges $400 per hour more than you can reasonably expect to pay. Remember that you will also have to pay the costs of the case as well as the lawyer's fee, even if you lose, so it's imperative that you know a good estimate of what those fees will be in advance. Will you have to pay for phone conversations, photocopying, extra research? Will there be a payment plan, or a retainer fee? Be upfront with your lawyer in the very beginning about providing a written estimate, and let them know you'll expect an update if the costs change for any reason. 6. Your chosen lawyer has the experience needed to handle your case. Don't be taken in by first impressions only, although they are definitely important. Ask your potential lawyer if he or she has handled similar cases before, how many, and what the outcomes were. You will need someone who can openly discuss their background dealing in similar cases, and who is willing to disclose the outcomes to you. 7. They have passed all necessary checks. You can always look on the State Bar's web page to see if the lawyer you are considering hiring has ever been publicly disciplined by the Bar, or if they have ever been the subject of any ethical or disciplinary action. If so, ask them to explain – if you are uncomfortable doing this, you're far better off using someone else. Erring on the side of caution is always best in this type of scenario. 8. They're not too overworked – and do most of their work themselves. You don't want to hire a lawyer who is too busy to take on another case, nor do you want someone who has a bevy of paralegals doing most of the work for them. A rule of thumb is that one or two paralegals per attorney is a good number, meaning that they actually have enough time to talk with you about your case – and know personally what is going on. Ask if they will handle everything themselves, especially if the case goes to litigation. 9. They have good communication skills, and will keep you reasonably well informed at all times. The last thing you want is a lawyer who just repeatedly assures you that everything is progressing smoothly without supplying cold, hard facts. Ask how you will be let into the loop – through regular emails, phone calls or faxes, or perhaps through a sit-down meeting every other Tuesday (which you'll be paying for!). You may want to insist upon a regular timetable for updates – then again, you may not. 10. The chemistry is right. When all is said and done, your gut feeling is perhaps more important than anything else. Even if someone seems perfect on paper, if the two of you don't get along and you feel uncomfortable asking questions, obviously this isn't the right lawyer for you. A good lawyer is hard to find and, in most cases, a hard lawyer is good to find. Ensure you get the best by taking the time to find the right person, one who ticks all the boxes and has the right qualifications, as well as the right personality.
пятница, 22 мая 2009 г.
Divorce & Ancillary Relief
In England the divorce process can be divided into three separate legal issues. The part of divorce proceedings that looks to resolve financial issues between the divorcing couple is also sometimes known as ancillary relief. Although cases will naturally vary according to individual circumstances court proceedings will generally follow the same three stage process.
Family law protocol requires that both parties in the divorce fully disclose their financial position. The couple should then attempt to reach an amicable settlement for the division of assets. If an agreement isn't reached then court proceedings will begin.
After both parties have completed a financial information form the case is listed for a First Appointment. At the First Appointment the District Judge of the local County Court will give their directions on what is needed for the case to proceed. This will usually mean obtaining further financial information such as a valuation of property.
The next stage of proceedings is a Financial Dispute Resolution Hearing. At this hearing both parties and their lawyers are required to attend. The District Judge will give guidance on any issues impending settlement of the case and if possible an agreement will be reached. If an agreement can't be reached the case will be adjourned to a Final Hearing. At the Final Hearing both parties will give their evidence and their lawyers will set out their proposals. Once these are heard the District Judge will give a final ruling as to how the couple's assets are to be shared.
Ancillary relief can often be the most difficult part of divorce proceedings. Disputes over financial settlements can become bitter and protracted and lead to much stress for both parties involved. This need not always be the case however and if couples are able to resolve matters amicably between themselves then this is the most preferable option.
In England the divorce process can be divided into three separate legal issues. The part of divorce proceedings that looks to resolve financial issues between the divorcing couple is also sometimes known as ancillary relief. Although cases will naturally vary according to individual circumstances court proceedings will generally follow the same three stage process.
Family law protocol requires that both parties in the divorce fully disclose their financial position. The couple should then attempt to reach an amicable settlement for the division of assets. If an agreement isn't reached then court proceedings will begin.
After both parties have completed a financial information form the case is listed for a First Appointment. At the First Appointment the District Judge of the local County Court will give their directions on what is needed for the case to proceed. This will usually mean obtaining further financial information such as a valuation of property.
The next stage of proceedings is a Financial Dispute Resolution Hearing. At this hearing both parties and their lawyers are required to attend. The District Judge will give guidance on any issues impending settlement of the case and if possible an agreement will be reached. If an agreement can't be reached the case will be adjourned to a Final Hearing. At the Final Hearing both parties will give their evidence and their lawyers will set out their proposals. Once these are heard the District Judge will give a final ruling as to how the couple's assets are to be shared.
Ancillary relief can often be the most difficult part of divorce proceedings. Disputes over financial settlements can become bitter and protracted and lead to much stress for both parties involved. This need not always be the case however and if couples are able to resolve matters amicably between themselves then this is the most preferable option.
четверг, 21 мая 2009 г.
The Lucas Law Firm
by: Bobby Presley
Man and law are two different yet inseparable entities. The law governs man’s actions while man seeks the assistance and utility that law is supposed to give. There are a lot of specializations that give focus to certain needs. In almost every state, one thing most precious to every individual and to every family is a safe place to live in. Lucas law center exists to handle your problems in your home loans. The aim is to keep you secured of a home whenever problems about loan agreements arise. The value that the law offices of lucas law gives to each client ensures services that centers on careful attention to client needs and negotiation with the lender. Negotiation though is not as easy and may even lead to trial for further action. The lucas law group can ensure not just a representation of client goals but assuring we talk to the right persons to pursue deals, so as not to reach the burdensome litigation for the client. If so, the lenders and the client could not meet ends, then with solid and substantial complaints, bringing it to court may be the best remedy. This way, the statements of disagreement can be delivered and heard for better outcomes. A better deal is that the visions of lucas law is based on a system. Our firms are not mere settings to hear what clients want and heed what they need. More than that, the lucas law group is a system equipped with the knowledge of the specific grounds of home loans, possessing the right words and actions in terms of negotiation. Very plenty of lenders are suggested a mindset of having their financial assets stable more than the common good of their loaners. That is why it is much important to seek the law and let us assist you with your endeavors. Mortgage is a market that brings revenue to the lender, more than service to give homes to people. Having this in mind, trust that our lawyers are ready to take action and resolve differences through negotiation. The goal is to take action and lucas law center can give you exactly.
by: Bobby Presley
Man and law are two different yet inseparable entities. The law governs man’s actions while man seeks the assistance and utility that law is supposed to give. There are a lot of specializations that give focus to certain needs. In almost every state, one thing most precious to every individual and to every family is a safe place to live in. Lucas law center exists to handle your problems in your home loans. The aim is to keep you secured of a home whenever problems about loan agreements arise. The value that the law offices of lucas law gives to each client ensures services that centers on careful attention to client needs and negotiation with the lender. Negotiation though is not as easy and may even lead to trial for further action. The lucas law group can ensure not just a representation of client goals but assuring we talk to the right persons to pursue deals, so as not to reach the burdensome litigation for the client. If so, the lenders and the client could not meet ends, then with solid and substantial complaints, bringing it to court may be the best remedy. This way, the statements of disagreement can be delivered and heard for better outcomes. A better deal is that the visions of lucas law is based on a system. Our firms are not mere settings to hear what clients want and heed what they need. More than that, the lucas law group is a system equipped with the knowledge of the specific grounds of home loans, possessing the right words and actions in terms of negotiation. Very plenty of lenders are suggested a mindset of having their financial assets stable more than the common good of their loaners. That is why it is much important to seek the law and let us assist you with your endeavors. Mortgage is a market that brings revenue to the lender, more than service to give homes to people. Having this in mind, trust that our lawyers are ready to take action and resolve differences through negotiation. The goal is to take action and lucas law center can give you exactly.
среда, 20 мая 2009 г.
Looking For Police Arrest Records? Search the Database
Do you need to search police arrest records? With access to the database, you can find out a complete history on employees, neighbors, baby sitters and new boyfriends. With an exact match, you'll have a complete detailed history on just about anyone in the United States.
All you need is a name and the state they live in. If you have an address, that will help narrow your search, but our powerful police arrest records search will provide an exact match for you even without all the necessary data.
This is an important program that is available to the public. Since most arrests are by repeat offenders, those with a history have a high chance of participating in criminal activity again.
Your search will provide a list of misdemeanors, judgments, time served in jail or prison. You'll even see court cases, judgments, outstanding warrants, and minor traffic offenses. For a parent access to police arrest records is an essential tool to keep their children safe from sex offenders.
For those who own a business or are dating online, it can prevent facing personal issues and the worst case scenario. Whether you there is one person you want to run a police arrest records search on, or you want to regularly use the database to check on individuals, you can have complete and unlimited access.
This is information that has been provided to the public and individuals cannot keep from you. Whether it is to run a simple background check on a potential employee or to make sure your children are safe under other people's supervision, you can get the information you need and quickly.
Do you need to search police arrest records? With access to the database, you can find out a complete history on employees, neighbors, baby sitters and new boyfriends. With an exact match, you'll have a complete detailed history on just about anyone in the United States.
All you need is a name and the state they live in. If you have an address, that will help narrow your search, but our powerful police arrest records search will provide an exact match for you even without all the necessary data.
This is an important program that is available to the public. Since most arrests are by repeat offenders, those with a history have a high chance of participating in criminal activity again.
Your search will provide a list of misdemeanors, judgments, time served in jail or prison. You'll even see court cases, judgments, outstanding warrants, and minor traffic offenses. For a parent access to police arrest records is an essential tool to keep their children safe from sex offenders.
For those who own a business or are dating online, it can prevent facing personal issues and the worst case scenario. Whether you there is one person you want to run a police arrest records search on, or you want to regularly use the database to check on individuals, you can have complete and unlimited access.
This is information that has been provided to the public and individuals cannot keep from you. Whether it is to run a simple background check on a potential employee or to make sure your children are safe under other people's supervision, you can get the information you need and quickly.
Immigration to the United Kingdom
by: maryum
Immigration to the United Kingdom of Great Britain and Northern Ireland since 1922 has been substantial, in particular from Ireland and the former colonies of the British Empire - such as India, Bangladesh, Pakistan, the Caribbean, South Africa, Kenya and Hong Kong - under British nationality law. Others have come as asylum seekers, seeking protection as refugees under the United Nations 1951 Refugee Convention, or from European Union (EU) member states, exercising one of the EU's Four Freedoms. About half the population increase between the 1991 and 2001 censuses was due to foreign-born immigration. 4.9 million People (8.3 percent of the population at the time) were born abroad, although the census gives no indication of their immigration status or intended length of stay. In 2006, there were 149,035 applications for British citizenship, 32 percent fewer than in 2005. The number of people granted citizenship during 2006 was 154,095, 5 per cent fewer than in 2005. The largest groups of people granted British citizenship were from India, Pakistan, Somalia and the Philippines. In 2006, 134,430 people were granted settlement in the UK, a drop of 25 per cent on 2005.Meanwhile, migration from Central and Eastern Europe has increased since 2004 with the accession to the European Union of eight Central and Eastern European states, since there is free movement of labour within the EU. The UK government is currently phasing in a new points-based immigration system for people from outside of the European Economic Area. Until the Commonwealth Immigrants Act 1962, all Commonwealth citizens could enter and stay in the United Kingdom without any restriction. The Commonwealth Immigrants Act 1962 made Citizens of the United Kingdom and Colonies (CUKCs) whose passports were not directly issued by the United Kingdom Government (i.e. passports issued by the Governor of a colony or by the Commander of a British protectorate) subject to immigration control. Indians began arriving in the UK in large numbers shortly after their country gained independence in 1947. More than 60,000 arrived before 1955, many of whom drove buses, or worked in foundries or textile factories. Later arrivals opened corner shops or ran post offices. The flow of Indian immigrants peaked between 1965 and 1972, boosted in particular by Idi Amin's sudden decision to expel all 50,000 Gujarati Indians from Uganda. Around 30,000 Ugandan Asians migrated to the UK. By 1972, only holders of work permits, or people with parents or grandparents born in the UK could gain entry - effectively stemming primary immigration from Commonwealth countries. Following the end of World War II, substantial groups of people from Soviet-controlled territories settled in Britain, particularly Poles and Ukrainians. The UK recruited displaced people as so-called European Volunteer Workers in order to provide labour to industries that were required in order to aim economic recovery after the war. In the 1951 census, the Polish-born population of the UK numbered some 162,339, up from 44,642 in 1931. There was also an influx of refugees from Hungary, following the crushing of the 1956 Hungarian revolution, numbering 20,990. The British Nationality Act 1981, which was enacted in 1983, distinguishes between British citizen or British Overseas Territories citizen. The former hold nationality by descent and the latter hold nationality other than by descent. Citizens by descent cannot automatically pass on British nationality to a child born outside the United Kingdom or it’s Overseas Territories (though in some situations the child can be registered as a citizen). Immigration officers have to be satisfied about a person's nationality and identity and entry could be refused if they were not satisfied. Greenfields solicitors provide assistance in UK immigration, visa, residence & nationality requirements. Immigration advice and information with leading immigration lawyers.
Immigration to the United Kingdom of Great Britain and Northern Ireland since 1922 has been substantial, in particular from Ireland and the former colonies of the British Empire - such as India, Bangladesh, Pakistan, the Caribbean, South Africa, Kenya and Hong Kong - under British nationality law. Others have come as asylum seekers, seeking protection as refugees under the United Nations 1951 Refugee Convention, or from European Union (EU) member states, exercising one of the EU's Four Freedoms. About half the population increase between the 1991 and 2001 censuses was due to foreign-born immigration. 4.9 million People (8.3 percent of the population at the time) were born abroad, although the census gives no indication of their immigration status or intended length of stay. In 2006, there were 149,035 applications for British citizenship, 32 percent fewer than in 2005. The number of people granted citizenship during 2006 was 154,095, 5 per cent fewer than in 2005. The largest groups of people granted British citizenship were from India, Pakistan, Somalia and the Philippines. In 2006, 134,430 people were granted settlement in the UK, a drop of 25 per cent on 2005.Meanwhile, migration from Central and Eastern Europe has increased since 2004 with the accession to the European Union of eight Central and Eastern European states, since there is free movement of labour within the EU. The UK government is currently phasing in a new points-based immigration system for people from outside of the European Economic Area. Until the Commonwealth Immigrants Act 1962, all Commonwealth citizens could enter and stay in the United Kingdom without any restriction. The Commonwealth Immigrants Act 1962 made Citizens of the United Kingdom and Colonies (CUKCs) whose passports were not directly issued by the United Kingdom Government (i.e. passports issued by the Governor of a colony or by the Commander of a British protectorate) subject to immigration control. Indians began arriving in the UK in large numbers shortly after their country gained independence in 1947. More than 60,000 arrived before 1955, many of whom drove buses, or worked in foundries or textile factories. Later arrivals opened corner shops or ran post offices. The flow of Indian immigrants peaked between 1965 and 1972, boosted in particular by Idi Amin's sudden decision to expel all 50,000 Gujarati Indians from Uganda. Around 30,000 Ugandan Asians migrated to the UK. By 1972, only holders of work permits, or people with parents or grandparents born in the UK could gain entry - effectively stemming primary immigration from Commonwealth countries. Following the end of World War II, substantial groups of people from Soviet-controlled territories settled in Britain, particularly Poles and Ukrainians. The UK recruited displaced people as so-called European Volunteer Workers in order to provide labour to industries that were required in order to aim economic recovery after the war. In the 1951 census, the Polish-born population of the UK numbered some 162,339, up from 44,642 in 1931. There was also an influx of refugees from Hungary, following the crushing of the 1956 Hungarian revolution, numbering 20,990. The British Nationality Act 1981, which was enacted in 1983, distinguishes between British citizen or British Overseas Territories citizen. The former hold nationality by descent and the latter hold nationality other than by descent. Citizens by descent cannot automatically pass on British nationality to a child born outside the United Kingdom or it’s Overseas Territories (though in some situations the child can be registered as a citizen). Immigration officers have to be satisfied about a person's nationality and identity and entry could be refused if they were not satisfied. Greenfields solicitors provide assistance in UK immigration, visa, residence & nationality requirements. Immigration advice and information with leading immigration lawyers.
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