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Archive for April, 2008

28
Apr

The Best Alternative to Detailed Billing Records of Cell Phones

A number of individuals are also getting more concerned about having their billing records viewed and accessed without their permission. There are already laws and regulations protecting the confidentiality of such documents unless ordered by legal authorities.

Traditionally, cell phone bills contain a lot of useful information regarding all calls made, text messages sent and all SMS activity. You will find everything laid out in very fine detail such as the phone number of the person whom you called or sent a message to, the date and time when conversation or messaging occurred as well as the duration of the call. The system was developed in order to needlessly inform subscribers how they are being charged on a daily basis.

28
Apr

Temporary Orders For Support In Divorce Cases

Temporary Orders In Divorce Cases

A petition for dissolution has been filed with the clerk of the circuit court. A summons has issued against the spouse and it has in fact, been properly served. From that point, the respondent has thirty days to file an appearance in the case; otherwise, a default can be entered. Additionally, the respondent needs to file an answer to the petition on file. The respondent may also wish to file a counter-petition to the one filed by the petitioner.

25
Apr

Enforcement of Rights & Attorney’s Fees

Attorney’s Fees While Enforcing Court Orders.

A party who has been forced to resort to the judicial process to secure compliance with the terms of an order or judgment is entitled to her reasonable attorney fees even absent a showing of inability to pay.

The trial court has no discretion as to whether to award reasonable attorney fees and costs incurred in enforcement of its orders, for if the failure to pay was without cause of justification, the award of reasonable attorney fees is mandatory.

22
Apr

Divorce Law New York (Attorney’s Fees)

Attorneys Fees for Divorce Lawyers.

It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while the trial court retains general jurisdiction over the cause. Where the court had evidence before it of the financial resources of both parties when ruling on the issue of attorney fees and where no hearing had been requested, the trial court’s failure to conduct a hearing on the propriety of the award of attorney fees was not error. The award of attorney fees is based on a showing of the inability of one spouse to pay and the ability of the other spouse to do so. The court may order either spouse to pay a reasonable amount for the costs and attorney fees necessarily incurred by the other spouse. The granting of attorney fees is improper where no evidence is heard as to the items of service which were performed, the basis of the amount requested, or the reasonableness of such fees.

22
Apr

New York’s Client "Bill of Rights"

Did you know that there is a client “Bill of Rights”? Every New York attorney is required to hang this list of rights in his or her office ‘ where clients can read it.

DID YOU KNOW THAT THERE IS A CLIENT “BILL OF RIGHTS”?

Every New York attorney is required to hang this list of rights in his or her office ‘ where clients can read it:

STATEMENT OF CLIENT’S RIGHTS

1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyers office.

20
Apr

General Information About The Last Will and Testament

A will is a legal form that helps you to protect your assets and minimize any dispute over the distribution of your estate when you pass on. When created properly, a will is a tool that will control the distribution of your property upon your death.

20
Apr

What is a Conflict of Interest?

Attorneys are supposed to represent their clients competently and diligently and to the utmost of their abilities. Attorneys are not allowed to accept employment where their loyalties may be divided because it’s a conflict of interest.

An individual that I previously represented visited me the other day. Turns out he was injured in an automobile accident where he was driving and the other car made a left turn in front of his vehicle. He wanted me to represent him and his family that were passengers in his car. I informed him that I would gladly take his case, but I would have to decline representation of the passengers, who would need to hire a different attorney. This news not only surprised him, but made him somewhat annoyed with me, so I had to explain to him about conflicts of interest.

20
Apr

A Case of Unlawful Spouse

There are other approaches to settle a divorce such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts. But a collaborative divorce is more preferable than mediation.

A Divorce is the hardest thing
that can happen in a family. It can be very humiliating, shameful, and
degrading act, but if it is the only thing that can resolve a family problem,
then they are willing to take all of that. But what is a divorce anyway?

19
Apr

America’s Blindspot: Backup Car Accidents

Backup collisions are when a driver puts the automobile in reverse and runs into an object, person, or other car. All cars are equipped with rear view mirrors which are adequate for detecting vehicles behind a car, but they are often inadequate when it comes to detecting small children or objects that are low to the ground and fall in the car’s blind spot. Large trucks have much larger blind spots that can hide entire vehicles and large adults.

19
Apr

Fidicuiary Litigation and What to Do

When someone is endowed with fiduciary responsibilities then they are responsible for another individual’s money and potentially investing those monetary funds. Fiduciary liability can occur for many reasons, for example if investment advice provided by a broker caused inappropriate loss based on what an individual asked for, the broker may be held responsible.

When an individual decides to invest their money, whether in a bank, stock market, retirement plan, etc., they entrust it to an individual who must abide by legal responsibilities and duties, which are considered good faith and candor. Additionally, these responsibilities are also known as fiduciary duty.

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