: What You Should Know About LAW :

How to Get Vioxx Lawsuit Funding - Legal Cash Advance?

2007-05-30T02:17:00.001-07:00

Plaintiffs involved in Vioxx, Fen-Phen and Zyprexa product liability lawsuits do not realize they can now get legal cash advance or lawsuit funding, while they are waiting for their lawsuit settlement money. It is called lawsuit funding and often referred as lawsuit loan, legal cash advance, legal finance, legal financing, litigation financing, pending lawsuit loan, lawsuit cash advance and lawsuit advance funding.

Vioxx is a non steroidal anti-inflammatory drug (NSAID) developed by Merck & Co. to treat osteoarthritis, acute pain conditions, and dysmenorrhoea. Vioxx was approved as safe and effective by the Food and Drug Administration (FDA) on May 20, 1999. Vioxx was supposed to be the super aspirin and block buster arthritis drug that would relieve pain safely.

On September 30, 2004, the pharmaceutical giant Merck & Co. had pulled Vioxx from the market following study results confirming earlier concerns that Vioxx increases the risk of cardiovascular problems, including heart attacks and stroke.

Vioxx was sold around the world and in all it was taken by about 20m people. A large percentage of these people suffered drastic side effects including blood clots, heart attacks, and stroke. Nearly 4,200 individual and class action Vioxx lawsuits were filed in U.S.A.

Vioxx lawsuits fall under a category known as products liability, claiming that the manufacturers of Vioxx (Vioxx lawsuit defendants) or their distributors knew that the drug could cause harm. Merck has reserved $970 million to pay for its Vioxx-related legal expenses through 2007.

It does not seem fair for the plaintiffs, that even if they would win their Vioxx settlement lawsuit, they may lose because too little settlement money comes in too late. They need money now. Most of the plaintiffs, because of their medical conditions have missed work or lost their jobs. They have to pay their mortgage/ rent, medical bills, car payments and other monthly bills. Unfortunately their options are very limited.

But now this new risk free Vioxx lawsuit settlement funding or litigation financing program is great help to Vioxx product liability lawsuit plaintiffs. With a legal cash advance or pending lawsuit loan, on your Vioxx lawsuit settlement, you reduce the financial and emotional stress on you and your family.

But in true sense, these are not loans because the money does not have to be paid back unless the case is won or settled. These are non- recourse legal cash advances. It carries no risk because Vioxx product liability lawsuit plaintiffs pay only when they get their Vioxx settlement money from Defendant Company.

Litigation financing or so called Lawsuit loan can help them buy some time with a legal cash advance on their Vioxx product liability lawsuit settlement.

Vioxx Lawsuit Funding or Lawsuit Loan: How does it work?

There are many advantages of Vioxx lawsuit funding or litigation financing Program. The process to receive lawsuit loan or legal cash advance is risk free & simple. There are no monthly payments. The total process is confidential, prompt and discreet.

1. Making an application for lawsuit funding or pending lawsuit loan is free and there is no obligation. A good and reputed litigation financing company should not charge any upfront fee or any application fee, processing fee or any monthly fee.

2. Plaintiff may have a bad or no credit. No employment requirement is required to apply for a lawsuit loan or lawsuit funding.

3. Quick and thorough underwriting process to qualify client (some times in 6-8 hours).

4. If approved for lawsuit funding or legal cash advance, funds are wired into your bank account, the same day. Of course, you can take a bank check also.

5. Plaintiff payback upon successful settlement/verdict of case.

6. If plaintiff loses case, plaintiff owes nothing to litigation financing or lawsuit funding company.
They can use the lawsuit loan or legal cash advance in any way they like.

They can use the money for living expenses; pay their bills, mortgage/ rent / car payments, medical treatment, education expenses. As a matter of fact use it any way they like.

By Paul Sherman
Paul Sherman is a Legal Funding Consultant.He offers free, professional, and independent advice to plaintiffs (incl. business owners) & Attorneys. To getLawsuit Loan & Structured settlement funding please visit http://www.easylawsuitfunding.com
Article Source: http://www.articlerich.com

Life after Bankruptcys

2007-05-23T23:19:00.000-07:00

Bankruptcy is the last resort for any debtor wherein he/she legally declares the inability to pay back the debt owed. In most cases bankruptcy is initiated by the debtor or the organization. However creditors can also request bankruptcy in an effort to get back what they are owed. After filing bankruptcy you can choose the life you want to live – you can either re-build your finances or plummet deeper into the abyss.

Follow The Checklist below and You're Going to Emerge Unscathed Even after Bankruptcy
• Restrict or if possible STOP using credit cards
• If required get a secured bankruptcy credit card an pay your dues regularly
• Wait for two years before availing mortgage or even bankruptcy car loan to get the best interest rates
• Get copies off your credit reports and ensure that your accounts are listed as discharged

Bankruptcy Loan – Getting a Loan after Bankruptcy
Availing small and easily repayable bankruptcy loan – be it bankruptcy home loan or even bankruptcy car loan, will help you not just deal with your financial obligations but it will also help you rebuild your credit rating. A small bankruptcy personal loan is the ideal solution to repair your credit status. However there are some facts about bankruptcy loans that you must be aware of.

Firstly, bankruptcy loans are recommended only for people who have declared themselves bankrupt and only after their case has been discharged, their creditors have been paid. You have to wait for at least 2 years for your bankruptcy home loan or bankruptcy car loan application to be approved without unnecessary delay. Generally lenders perceive bankrupts as threats and don’t particularly want to risk lending to a recently discharged bankrupt. If you have chosen Chapter 7 Bankruptcy you must wait for 2 years to apply for a loan and in case of Chapter 13 Bankruptcy you need to first pay the full amount to your creditors before applying for a loan.

Can You Get A Credit Card After Bankruptcy?
You owned a home and hardly ever defaulted on your monthly payments. Your credit report sparkled. But unfortunate health circumstances forced you out of your job and you had to file for bankruptcy…Today you are looking for bankruptcy credit card without being charged outrageous interest rates. So what are you’re choices? You can choose between secured credit card for bankruptcy and unsecured credit card after bankruptcy.

Secured bankruptcy credit card is secured by a savings account you establish with your creditor. This savings account works as collateral for your credit limit. If you default on your payment your creditor will take money from the savings account. If you’re looking for a risk free credit card after bankruptcy – unsecured bankruptcy credit card is the option for you as it does not require any collateral.

Many people think about filing bankruptcy but the fear of life after bankruptcy hold them back. The information offered in this article aims to enlighten you on what you can expect when you have filed for bankruptcy.

By Reethi Rai

Reethi Rai Content Developer for finance sites. For more information and help log onto Bankruptcy
Article Source: http://www.articlerich.com

Mesothelioma Lawyer - Upholding The Rights of people If Not Life

2006-11-24T01:32:00.001-08:00

Had it not been for the Mesothelioma lawyers the reign of terror unleashed by the widespread use of asbestos would have left the American society scarred just as asbestos leaves scarring marks in the lungs! Quite aptly, a Mesothelioma lawyer is regarded as the guardian of the Mesothelioma victims.

Mesothelioma is a type of cancer; an ailment of the mesothelial cells that line the internal body organs. Typically associated with the exposure to asbestos, Mesothelioma is very rarely diagnosed at its early stage. Consequently, most cases are not detected before they reach malignancy.

As regards asbestos, man has been familiar with its heat and combustion resistant properties since the ancient times. People of the prehistoric civilizations were open to the use of asbestos. All the while, however, man was in the dark about the hazardous effects of asbestos. America saw the maximum use of asbestos during the two World Wars. Rampant use of asbestos was made in the shipping, construction and combat equipment manufacturing industries.

Once the dangers of asbestos exposure were recognized, legal regulations aimed at eliminating the use of asbestos (rather the abolition of asbestos) were introduced. Today, the US law does not prohibit the use of asbestos but attributes deadly consequences to its use. The legal regulations and warnings, however, failed to deter all employers and masked use of asbestos continues in certain fields.

This denial, on the part of the US employers, to abide by the asbestos regulations has given rise to hundreds of asbestos litigation claims. Some eminent lawyers and law-firms have come forward to safeguard the interests of the Mesothelioma. Every state of US now has its own Mesothelioma lawyers and law firms. The proceeding being quite complicated, people (who have been diagnosed with Mesothelioma or those who have been exposed to asbestos) approach lawyers and law-firms for help regarding their asbestos lawsuits.

These days, the Mesothelioma attorneys file class action lawsuits against those manufacturers who continue to use asbestos in their products and expose their employees to the probable health threats. (Class action lawsuit is a legal device that allows a person or persons to sue or be sued as the representative of a group of people; however, it also requires all of them to have a common interest). Class action lawsuits, upholding the liability of employers and seeking compensation for the harm caused to employees, have restored the peace of mind (even if it is only a bit) of the Mesothelioma victims and their near and dear ones.

Law-firms fielding competent Mesothelioma lawyers with proven records of accomplishment can pull off advantageous monetary settlement in the form of reimbursements for the Mesothelioma victims. Mesothelioma settlements, ranging from few hundreds of thousands to millions of dollars, depend on the lawyers’ skill in pinpointing the cause of asbestos exposure. Once this hurdle is crossed, the Mesothelioma lawyer investigates into the avenues of working out the smartest deal for the Mesothelioma litigation claim. In case of litigations being handled by experienced lawyers, manufacturers readily agree to the settlement proposals benefiting the Mesothelioma victim as well as the family members and the society at large.

This article may be freely distributed providing the link remains intact.
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The Fact About Mesothelioma Cancer

2006-11-24T00:46:00.000-08:00

What is Mesothelioma Cancer?

Mesothelioma cancer is an extremely rare cancer form that is only found in the mesothelium. This form of malignancy generally affects those people who have been exposed to a situation where asbestos is present, typically those who have worked in buildings where it was used as a fire retardant..

What happens when a person has Mesothelioma Cancer?

This type of cancer directly affects the mesothelium and causes abnormal cells. These cells begin to divide rampantly. They invade and cause damage to all organs and tissues that are near the effected area. Mesothelioma cancer tends to spread fairly quickly throughout the body, as well.

Mesothelium

This is the membrane that protects and covers many of the organs within your body. The membrane is made up of cells and is in separate layers. The first layer surrounds the organ extremely close and the second creates a protective sac around the organs.

Studies show that only 2,000 people each year are diagnosed with Mesothelioma cancer in the U.S. Studies further show that men are more apt to contract this type of cancer than women. However, Mesothelioma Cancer knows no boundaries and can be found in both genders. Typically, the older the person is, the more at risk they are for developing Mesothelioma cancer.

Who is at risk for Mesothelioma Cancer?

Anyone who is exposed to asbestos in large quantities and for long periods of time are especially at risk for developing Mesothelioma cancer. It is impossible to say who exactly will develop Mesothelioma cancer because it has been found in those who had only very little exposure to asbestos and those who had no exposure at all, but lived with someone who had a good deal of exposure to them. The risk to those living with someone works in asbestos filled areas is high.
Asbestos is brought home by the worker as dust on his or her hair or clothing.

Mesothelioma Cancer Symptoms

Mesothelioma cancer is a slow growing type of cancer. Some cases do not see any type of symptoms until thirty to fifty years after asbestos exposure. Some symptoms can include:

Chest Pain
Shortness of breath
Sudden Weight Loss
Pain in the abdominal region
Abdominal swelling
Bowel Obstruction
Blood Clots
FeverAnemia
Trouble Swallowing
Facial SwellingNeck
Swelling

Treatment of Mesothelioma Cancer

There are a few different treatment options available for those diagnosed with Mesothelioma cancer. The method of treatment will depend upon many different things such as the age, overall health, where the Mesothelioma cancer is located and the stage the Mesothelioma Cancer is in. The three typical types of treatment include radiation therapy, chemotherapy, and surgery. In some cases, treatments may be combined if it proves beneficial to the patient.

Heather Colman

This article is Copyright © 2006, Heather Colman. Find more Mesothelioma cancer resources at mesotheliomacancerinfo.org.
Article Source: http://www.articlerich.com/

Asbestos Exposure Issues

2006-11-24T00:44:00.000-08:00

Asbestos is a very dangerous substance to inhale. That’s why many companies hire professionals to remove asbestos from their workplace. Asbestos is so dangerous because the fibers that form asbestos can cause cancers such as mesothelioma, as well as other diseases. The danger in asbestos is when the material breaks down or open and the fibers become airborne. Unfortunately, dangerous exposure the asbestos can occur when even just a trace amount of fibers for a minute amount of time is present in the environment. Even then, the symptoms of trouble might not show for up to 40 years.

In general people come into contact with asbestos where they are employed or live. There are other dangerous places, however. Anyone living or working near a shipyard, steel mill, power plant, or refinery is at risk for asbestos exposure. Once again, the asbestos fibers break loose from where they’ve been hidden, and since they are airborne, they easily travel to neighborhoods that are close by. Other industrial sites that often have asbestos on site are maritime, building, car repair, especially brake or clutch work, roofing and railways.

Asbestos isn’t just found in business and industry. Before the 1970s, asbestos was used to insulate schools and residences. Some estimates put asbestos use prior to those years at 30 million tons in the US alone.

Now that you’ve seen this alarming news, how can you ensure that you’re safe? For one thing, not all houses built before 1970 used any asbestos. Secondly, the chief places where people are exposed to asbestos are industrial sites. Not only that, but more people that were exposed did not get sick as opposed to those who did.

If you have any fear at all that you may have asbestos in your home, call the Environmental Protection Agency (EPA). They will tell you how to find qualified technicians to come and examine your house. In the case that asbestos is found, they will help you get rid of it. The EPA will also have you get a separate risk assessment to confirm or dispute their finding.

Then, if you are thinking about building a home, unless the material is clearly labeled, you should assume it could have some level of asbestos in it. Therefore, until you can verify that the product is safe, you should contact the manufacturer to find out exactly what is contained in each type of material.

If you are buying a home from a private seller, by law, they are required to disclose any known hazards to you, which would include asbestos. Apartment complexes built prior to 1970 commonly have materials that include asbestos. Keep in mind that while it might be a scary thought of living where asbestos exists, remember, until the product with the asbestos breaks down or opens, the asbestos is not a health risk.

As of 1995, OSHA issued standards that require testing, maintenance, and disclosure of asbestos for the workplace. Rental property also falls under this ruling, meaning that property owners are required to disclose the presence of any existing asbestos to potential renters. Armed with that information, you can quickly decide whether to live there or look for other rental properly.

Joseph Amiante runs the Asbestos Pain, web site that focuses on a range of resources about asbestos issues. For more details, go to: http://www.asbestospain.com/ Article Source: http://www.articlerich.com/

Bankruptcy in Australia - Free Information & Advice Australia Wide

2006-11-22T19:06:00.000-08:00

Bankruptcy brings peace of mind, it enables ordinary people to get out of debt. It gives you the chance to start again, to get back on your feet, and so be able to get on with your life. Bankruptcy is very private, almost nobody will know if you go bankrupt.

I’m a former Chartered Accountant and I’ve been through bankruptcy myself when, a number of years ago, I tried to diversify my business interests. The wheels fell off and it knocked me over.

I was 30 years or so in my own practice but for about the last 10 years, in semi retirement, I have just specialised in bankruptcy, but only from the point of view of the person owing the money, you. In that time I’ve helped thousands of people, just like you, to sort out their debt problems.

Here’s a testimonial, quite unsolicited.

“Hi there Fred, just wanted to advise you of my progress since bankruptcy. This year I have bought a lovely house and now have a new lease on life. Thanks for your help. I haven’t forgotten you.”

So, if you’re behind in paying your debts, and now the awful worry and constant harassment and pressure at all hours the debt collectors is starting to wear you down, and even starting to affect your health, then its probably time that somebody told you about bankruptcy, or its alternatives, but from your point of view

In the pages of this website you’ll read that if you declare yourself bankrupt, you should be able to keep your car ( if you want to), see Information Note 2. Mostly if you’re paying it off and there’s a Bill of Sale over it as security, so then you simply just have to be up to date with your repayments when you go bankrupt, and be able to stay up to date.

If the car has been repossessed and sold, then if you go bankrupt you won’t owe any more money on it.

You’ll read that as far as you are concerned, bankruptcy will cancel your debt on things like credit cards and store cards, on unsecured overdrafts and personal loans, your income tax debt, any personal guarantees debt, on other loans debt, and if you’re in business, your unsecured business debt too.

Bankruptcy doesn’t cancel Centrelink debt, Child Support debt, some HECS debt and loans to do with your higher education (there’s a special term for it), or court imposed fines. You’ll read about these, and traffic fines, which are a special case, in these pages.

You’ll read in Information Note 1 that as a bankrupt you can retain a good slice of your income too, as after tax and after business expenses and after Child Support, the minimum amount that you can earn and keep during the (normal) 3 years of your bankruptcy is about $721 a week. If you have dependants, it’s more, eg. with 3 dependants it’s $952 net per week).

You’ll read that you can travel overseas if you are bankrupt. There’s a huge amount of wrong information about this in the community, and on other websites wanting your business (see Information Note 4). In about 10,000 bankruptcies I’ve only known of a few cases where the person going bankrupt had to hand their passport to their bankruptcy trustee. Overwhelmingly you don't.

I talk about the house in Information Notes 3 and 4.

If you are reading this website from overseas then in Information Note 4 I talk about how you can go bankrupt in Australia.

Throughout these pages I talk about your credit rating a lot. Bankruptcy and a Debt Agreement Proposal both damage your credit rating with the commercial credit rating agencies for 7 years so you will find it hard, but not always impossible, to get a loan again in that time.

Although the normal banking and finance companies may not want to lend to you again after your 3 years of bankruptcy is up, and while you’ve still got the balance of your 7 years bad credit rating in place, there are companies termed as Alternate Lenders who may help you. I can put you onto somebody who may be able to help you out here.

If you don’t want to go bankrupt but want to consider what some newspaper and television advertisements claim is a better alternative, called a Debt Agreement Proposal or a Personal Insolvency Agreement, then I talk about these in Information Note 3. Anecdotal evidence, and my own personal view, is that the benefits of these in some situations are oversold so that the promoters earn the big commissions and fees that they charge.

There’s no doubt that they are good in some circumstances, but I’ve got my doubts with others. Even some banks and finance companies are jacking up at the fees charged by some of these scheme’s promoters as they often seem to get more out of it than the banks etc who are owed the money do.

A lot of people tell me that they do want to pay their debts, but they can’t at the moment, and the system is just putting unreal and unrealistic pressure and demands on them. I was sent an article out of the Canberra Times (page 24) dated May 20, 2006 headed Petrol Prices, interest rates pushing more Australians into financial crisis. It gave an example of what can happen under new debt recovery laws introduced in late 2005 (I don’t know if it’s just an ACT law or if it applies Australia wide). It seems that this law change applies Australia wide.

The example showed that a person on a wage of $600 a week could be left with just $272 after their wages had been garnisheed by a creditor, ie, after the sheriff’s been around and a creditor has taken you through the legal system, you could be left with just $272 a week to live on, week after week, month after month.

Isn’t that just disgusting? I think that it’s worth noting here that bankruptcy, or entering into a debt agreement proposal, would prevent this happening. If the person above was bankrupt, they would have been able to keep the $600 in full. Bankruptcy law is more humane than debt collection law. Go to Information Notes 1 and 3 and work out the difference.

In my FAQ's , I talk about a choice that you can make to repay all of your debt, over time, but at your pace and at a rate that you can afford, if you want to, without your creditors being able to pressure or harass you, or charge you any more interest. To do this is purely voluntary on your part, as after you go bankrupt you personally don’t have to.

If you decide to go bankrupt and you want use my services then there are three choices, and their prices range from $143 to $396. I cover this in Information Note 5.

I prefer that you’ve read the whole site before deciding to make contact about going bankrupt as it also covers things like gambling, company directors and secretaries, compensation monies being free from bankruptcy, being in business while bankrupt, taxation, an insite into the debt collectors, buying your way out of bankruptcy (called annulment) objecting to the decisions and actions of your bankruptcy trustee, family law and property issues, and finally, getting insurance while you are bankrupt.

I also offer some assistance with the preparation of Debt Agreement Proposals.

You don’t have to become a paying customer to make contact, as this is a free information and advice service. Don’t feel uncomfortable about making contact if you just want information, or something cleared up.

Because I’m semi retired I’m not at my desk all the time so you’ll often get message bank (or your call will be diverted to my mobile).

You can email my associate Helen at helen@fredappleton.com.au and she generally responds within an hour or two. If email is out of the question, my telephone number is 02 66 511 311.
Up until now bankruptcy has probably been new and frightening to you, and there’s a staggering amount of misinformation out there about it. As you read these notes I’ll simply try to give you information and answers. You’ll identify with a lot of what I say, you’ll feel much better.

You might be interested in reading this testimonial that came to me, unsolicited, in April 2006.
“The relief that I felt 3 years ago filing for bankruptcy is now only matched by the end of my bankruptcy. It went so fast. What can I say other than you stop people from living in shame and pain with your knowledge. Don’t ever doubt that you aren’t helping people. Thanks…….”
The other testimonials in Information Note 6 are worth reading too. They’re all real, and are just a sample of what I regularly receive.

As I’ve said before if, after reading all of this information on this website you feel like getting in touch so that we can discuss your situation, by all means do so. Bankruptcy is a big step so print out and read the rest of this website first please, as this homepage is meant to be more than an introduction. You're under no obligation to me if you make contact by phone or email.

And thanks for coming to my site, at the end of the day I hope that it helps.

Fred Appleton

For more info, visit his website:

http://www.fredappleton.com.au

Finding The Best Mesothelioma Lawyer

2006-11-22T16:46:00.000-08:00

Mesothelioma is a serious form of rare cancer. There is no known cure for mesothelioma cancer. If you or a loved one has been diagnosed with mesothelioma cancer you will no doubt have many questions and concerns and may have wondered if you need a mesothelioma attorney.

Although the number of people being newly exposed to the risk of mesothelioma cancer is now at a minimum, newly diagnosed cases of the disease are set to rise dramatically in the coming decades. This is due to the fact that symptoms can take 30 to 50 years to develop. Sufferers only become aware of symptoms once the mesothelioma cancer has reached an advanced stage, which is why the disease is so difficult to treat and has such a low survival rate once diagnosed. The has caused an increase in the need for a mesothelioma attorney in some parts of the country.

The average mesothelioma latency period is approximately 35 - 40 years. Occupational exposure to asbestos over the past fifty years in the United States is calculated to have occurred in approximately eight million people causing many to look for a mesothelioma attorney to handle their case.

Mesothelioma is the most lucrative type of asbestos claim. Such suits typically are settled out of court for about $3 million each, according to plaintiff and mesothelioma attorneys.

The current trend indicates that getting a Mesothelioma attorney may not be such a bad idea if you you have mesothelioma cancer.

To deal with Mesothelioma litigation, one needs a good Mesothelioma Attorney or Lawyer who can also help you determine the appropriate level of compensation. A majority of Mesothelioma Attorneys and Lawyers offer free consultations. You can have information regarding other avenues of support from them. But you ought to seek the information regarding personal injury and illegal death litigation.

You need to find a good Mesothelioma Attorney, or Lawyer to win your case against personal injury or wrongful death, as a result of Mesothelioma Cancer. Many times even the patients are unaware of their disease. So they discover it in later stage and then to seek legal help along with doctor's advice becomes essential.

What is the cause of Mesothelioma Cancer? It is mainly caused through exposure to an Asbestos related substance generally in business concerns where Asbestos related products are manufactured. Mesothelioma Attorney or Lawyer will make you aware of the types of evidence and documentation that might be required in order to pursue litigation. They themselves take care of all the paper work and communication that needs to be done.

Why do a majority of Mesothelioma Attorneys or Lawyers win their cases? It is because they are honest, reliable and considerate about helping people with Mesothelioma Cancer. Also their skills and qualification, most important education on the subject leads them win their cases.
As the Constitution of every country grants the right to be well informed, it becomes important that everyone knows their rights in relation to injury and unlawful death and take up sufficient measures to guarantee that others are not troubled by comparable incidents.

If any one of you has been exposed to Asbestos and has the following symptoms: shortness of breath, chest pain, abdominal pain, fever, or other related immune deficiency illnesses, contact your doctor and then immediately your nearest Mesothelioma Attorney (Lawyer).

Make you life meaningful by helping others.

If I can stop one heart from breaking, I shall not live in vain. If I can ease one life the aching, Or cool one pain, Or help one fainting robin Unto his nest again, I shall not live in vain-Emily Dickinson

By Scott Taylor

Scott Taylor is a noted author and prolific writer of many resources such as Parties & Costumes, Herbal Remedies, and Family Investing. His various websites provide information on a variety of subjects and topics.Personal Injury Claims and Information
Article Source: http://www.articlerich.com/

Mesothelioma Cancer Information and Treatment

2006-11-22T16:21:00.000-08:00

Malignant mesothelioma is a cancerous tumor of the pleura (lining of the lung and chest cavity) or peritoneum (lining of the abdomen) that is almost always caused by sustained exposure to asbestos.

Overview, Causes, & Risk Factors :

Malignant mesothelioma is a diffuse tumor that affects men more frequently than women. Sustained exposure to asbestos is the predominant risk factor. However, smoking dramatically increases risk amongst the asbestos-exposed. The latent period between asbestos exposure and onset of symptoms can be 20 to 50 years or even longer.

The median age of diagnosis is 60. The tumor can spread rapidly to involve the pericardium (sac around the heart), mediastinum, and opposite pleura. Progressive pain and shortness of breath can occur. The tumor is usually associated with a pleural effusion .

Differentiation of the tumor from other conditions of the pleura and other types of cancer can be difficult, even when experienced pathologists are viewing biopsy samples.

What Is Malignant Mesothelioma?

A layer of specialized cells called mesothelial cells lines the chest cavity, abdominal cavity, and the cavity around your heart. These cells also cover the outer surface of most of your internal organs. The tissue formed by these cells is called mesothelium.

The mesothelium helps protect your organs by producing a special lubricating fluid that allows organs to move around. This fluid makes it easier for the lungs to move inside the chest during breathing. The mesothelium of the chest is called the pleura and the mesothelium of the abdomen is known as the peritoneum. The mesothelium of the "sac-like" space around the heart ( pericardial cavity ) is called the pericardium.

Tumors of the mesothelium can be noncancerous ( benign ) or cancerous ( malignant ). A malignant tumor of the mesothelium is called a malignant mesothelioma, however, malignant mesothelioma is often simply called mesothelioma.

It is important not to confuse malignant mesothelioma with benign tumors that also start in the mesothelium. The mesothelium of certain female and male reproductive organs may develop a type of benign tumor called an adenomatoid tumor. In men, this noncancerous tumor often starts in the epididymis (a small collection of ducts that carry sperm cells out of the testicle). In women, this tumor may begin in the fallopian tubes (tubes that carry eggs from the ovaries to the uterus or womb). Another noncancerous tumor that may begin in mesothelium near female reproductive organs is called benign cystic mesothelioma.

A type of benign tumor that used to be called benign fibrous mesothelioma can form in the pleura surrounding the lungs. Doctors now know that this tumor actually starts from tissue under the mesothelium and not from mesothelial cells. For this reason, the new name of this tumor is solitary fibrous tumor of the pleura. This disease is usually not cancerous, but cancerous forms can occur. A similar disease starting in the peritoneum is called solitary fibrous tumor of the peritoneum. The tumors described in this paragraph are usually removed by surgery, and there is no need for additional treatment. Only malignant mesothelioma will be discussed further in this document.

Malignant mesotheliomas are divided into 3 main types:

epithelioid (50% to 70% are of this type) - this type has the best outlook for survival (prognosis)
sarcomatoid (7% to 20% are of this type)
mixed/biphasic (20% to 35% are of this type)

Treatment options are the same for all 3 types.

About three-fourths of mesotheliomas start in the chest cavity. They are known as pleural mesotheliomas. Another 10% to 20% begin in the abdomen. These are called peritoneal mesotheliomas. Pericardial mesotheliomas start in the cavity around the heart and are very rare. The covering layer of the testicles is actually an outpouching of peritoneum into the scrotum. Mesotheliomas that affect this covering of the testicles can occur but are quite rare.

MESOTHELIOMA - Questions and Answers

2006-11-22T04:09:00.000-08:00

Learn more about this rare form of cancer

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body’s internal organs. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.

What is the mesothelium?

The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: One layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs (such as the beating heart and the expanding and contracting lungs) to glide easily against adjacent structures.

The mesothelium has different names, depending on its location in the body. The peritoneum is the mesothelial tissue that covers most of the organs in the abdominal cavity. The pleura is the membrane that surrounds the lungs and lines the wall of the chest cavity. The pericardium covers and protects the heart. The mesothelial tissue surrounding the male internal reproductive organs is called the tunica vaginalis testis. The tunica serosa uteri covers the internal reproductive organs in women.

What is mesothelioma?

Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum.

How common is mesothelioma?

Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. About 2,000 new cases of mesothelioma are diagnosed in the United States each year. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age.

What are the risk factors for mesothelioma?

Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 70 percent to 80 percent of all cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos.

Asbestos is the name of a group of minerals that occur naturally as masses of strong, flexible fibers that can be separated into thin threads and woven. Asbestos has been widely used in many industrial products, including cement, brake linings, roof shingles, flooring products, textiles, and insulation. If tiny asbestos particles float in the air, especially during the manufacturing process, they may be inhaled or swallowed, and can cause serious health problems. In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney.

Smoking does not appear to increase the risk of mesothelioma. However, the combination of smoking and asbestos exposure significantly increases a person’s risk of developing cancer of the air passageways in the lung.

Who is at increased risk for developing mesothelioma?

Asbestos has been mined and used commercially since the late 1800s. Its use greatly increased during World War II. Since the early 1940s, millions of American workers have been exposed to asbestos dust. Initially, the risks associated with asbestos exposure were not known. However, an increased risk of developing mesothelioma was later found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other tradespeople. Today, the U.S. Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure.

The risk of asbestos-related disease increases with heavier exposure to asbestos and longer exposure time. However, some individuals with only brief exposures have developed mesothelioma. On the other hand, not all workers who are heavily exposed develop asbestos-related diseases.

There is some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos-related diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibers, asbestos workers are usually required to shower and change their clothing before leaving the workplace.

What are the symptoms of mesothelioma?

Symptoms of mesothelioma may not appear until 30 to 50 years after exposure to asbestos. Shortness of breath and pain in the chest due to an accumulation of fluid in the pleura are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

These symptoms may be caused by mesothelioma or by other, less serious conditions. It is important to see a doctor about any of these symptoms. Only a doctor can make a diagnosis.

How is mesothelioma diagnosed?

Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient’s medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful. A CT scan is a series of detailed pictures of areas inside the body created by a computer linked to an x-ray machine. In an MRI, a powerful magnet linked to a computer is used to make detailed pictures of areas inside the body. These pictures are viewed on a monitor and can also be printed.

A biopsy is needed to confirm a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist (a doctor who specializes in diagnosing and treating cancer) removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs.

Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. If the cancer is in the abdomen, the doctor may perform a peritoneoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument called a peritoneoscope into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.

If the diagnosis is mesothelioma, the doctor will want to learn the stage (or extent) of the disease. Staging involves more tests in a careful attempt to find out whether the cancer has spread and, if so, to which parts of the body. Knowing the stage of the disease helps the doctor plan treatment.

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.

How is mesothelioma treated?

Treatment for mesothelioma depends on the location of the cancer, the stage of the disease, and the patient’s age and general health. Standard treatment options include surgery, radiation therapy, and chemotherapy. Sometimes, these treatments are combined.

Surgery is a common treatment for mesothelioma. The doctor may remove part of the lining of the chest or abdomen and some of the tissue around it. For cancer of the pleura (pleural mesothelioma), a lung may be removed in an operation called a pneumonectomy. Sometimes part of the diaphragm, the muscle below the lungs that helps with breathing, is also removed.
Radiation therapy, also called radiotherapy, involves the use of high-energy rays to kill cancer cells and shrink tumors. Radiation therapy affects the cancer cells only in the treated area. The radiation may come from a machine (external radiation) or from putting materials that produce radiation through thin plastic tubes into the area where the cancer cells are found (internal radiation therapy).

Chemotherapy is the use of anticancer drugs to kill cancer cells throughout the body. Most drugs used to treat mesothelioma are given by injection into a vein (intravenous, or IV). Doctors are also studying the effectiveness of putting chemotherapy directly into the chest or abdomen (intracavitary chemotherapy).

To relieve symptoms and control pain, the doctor may use a needle or a thin tube to drain fluid that has built up in the chest or abdomen. The procedure for removing fluid from the chest is called thoracentesis. Removal of fluid from the abdomen is called paracentesis. Drugs may be given through a tube in the chest to prevent more fluid from accumulating. Radiation therapy and surgery may also be helpful in relieving symptoms.

Are new treatments for mesothelioma being studied?

Yes. Because mesothelioma is very hard to control, the National Cancer Institute (NCI) is sponsoring clinical trials (research studies with people) that are designed to find new treatments and better ways to use current treatments. Before any new treatment can be recommended for general use, doctors conduct clinical trials to find out whether the treatment is safe for patients and effective against the disease. Participation in clinical trials is an important treatment option for many patients with mesothelioma.

People interested in taking part in a clinical trial should talk with their doctor. Information about clinical trials is available from the Cancer Information Service (CIS) (see below) at 1–800–4–CANCER. Information specialists at the CIS use PDQ®, NCI's cancer information database, to identify and provide detailed information about specific ongoing clinical trials. Patients also have the option of searching for clinical trials on their own. The clinical trials page on the NCI’s Cancer.gov Web site, located at http://www.cancer.gov/clinical_trials on the Internet, provides general information about clinical trials and links to PDQ.

People considering clinical trials may be interested in the NCI booklet Taking Part in Clinical Trials: What Cancer Patients Need To Know. This booklet describes how research studies are carried out and explains their possible benefits and risks. The booklet is available by calling the CIS, or from the NCI Publications Locator Web site at http://www.cancer.gov/publications on the Internet.

Mesothelioma Lawsuit Information - Get Help From Experienced Mesothelioma Attorneys

2006-11-22T03:36:00.000-08:00

Over recent years, there have been many multi-million dollar payouts have been made to victims of mesothelioma, the asbestos-exposure related cancer. This is a relatively new disease, both in terms of medical and legal awareness, and sufferers of mesothelioma are finding that they are entitled to a hefty compensation in many cases. And to help these victims get their dues, many attorneys and law firms have been trained and set up to deal with mesothelioma claims in order to get mesothelioma sufferers the compensation to which they are entitled.

Why are mesothelioma victims entitled to compensation? Well, most cancers are not the fault of an outsider. Heavy smokers may get cancer through smoking, which is their own choice. Other types of cancer, such as breast, cervical and prostate are not anybody’s fault, although vigilance and regular check ups can help to identify these cancers early on treat them effectively. However, mesothelioma is a totally different type of cancer. This is a cancer that could have been prevented, and it is the fault of outsiders – namely the irresponsible firms that made no efforts to protect their workers against the hazards of working with asbestos. You see, mesothelioma is the result of regular exposure the asbestos dust and fibers, which are ingested into the system and corrupt the cells of the protective lining that surround major organs – the mesothelium. The cancer lies dormant for many decades, and victims do not realise until thirty or forty years later that they have the disease. By the time tests have been done and a diagnosis has been made, it is often too late to do anything constructive about it, and the patient is left with just a short time to live – typically 12-24 months.

These mesothelioma attorneys are here to help victims of mesothelioma to get cold, hard cash from the companies responsible for their ill fate. This compensation will help to cover medical expenses and pain and suffering. But, perhaps most importantly, it helps to provide financial stability and security for the victim’s loved ones after he or she has passed away.

The payouts for mesothelioma lawsuits have run from hundreds of thousands of dollars to many millions of dollars. But the mesothelioma sufferer must ensure that the chances of success are optimised by seeking legal advice and assistance as soon as the diagnosis has been confirmed.

Most states only provide a certain time within which you can file a mesothelioma lawsuit, so it is vital that you do this immediately. Your lawyer will also need the extra time to put your case together and carry out any necessary research. Time is of the essence where mesothelioma lawsuits are concerned, and just a few days could make the difference between financial security for your family and no compensation at all.

If you are concerned about not having any money up-front to pay for legal costs, don’t be. The vast majority of mesothelioma attorneys work on a contingency fee basis. This means that they do not take any money from you up-front. And, if your case is unsuccessful they will not take any money from you at all. You only have to pay the lawyer if and when you receive compensation. Your lawyer will then be entitled to a percentage of the compensation. And, although the cut to which the lawyer is entitled can seem high – generally around the 35% mark – it does mean that you don’t have to worry about paying in order to file for compensation and you have nothing to lose if you don’t get any compensation.

Your mesothelioma lawyer will also be able to give you support and advice with regards to your illness. The experienced mesothelioma attorneys have already built up a network of contacts within the field; not only for legal support but for all types of support and advice. This network means that your lawyer can process your claim more quickly than a lawyer who has little or no knowledge or experience in dealing with mesothelioma lawsuits. The experienced attorney will also be able to point you in the right direction for additional support services and support groups.

MESOTHELIOMA LAWYERS - HOW TO CHOOSE THEM CORRECTLY

2006-10-31T17:10:00.000-08:00

Mesothelioma is a rare form of cancer that occurs in the mesothelium, a protective sac that covers many of our internal organs. In around 80% of cases people who develop mesothelioma have worked in environments where they have been exposed to asbestos particles. The tumour begins as nodules in the pleura which surround the lungs, later invading the chest wall.

If your life has been affected by mesothelioma then you may deserve compensation. Filling a lawsuit is imperative although the process can be daunting. The most important step for you to take is to first choose the correct law firm or attorney.

Selecting an experienced and competent mesothelioma lawyer can be the difference between success and failure. It is important to do this as soon as mesothelioma has been diagnosed as there maybe deadlines to meet if your case is to proceed.

In the decision making process you should contact several law firms before making your final decision. There is a wealth of information available from various public sources and you may also benefit from contacting the governing body of lawyers in your country. It is best to select a law firm or attorney that you have a good relationship with and also one that has past experience of dealing with mesothelioma cases. You will also need to find out about the fees charged by the various mesothelioma lawyers that you contact. When you have your initial consultations you should be looking to the law firm to explain how they can help you. When you make your final decision it is advisable to obtain a written agreement from the law firm regarding any fees, and also some references that you can then follow up on.

The decision making process can be a difficult one. Some questions you should think about are:

1) Did the lawyer take the time to listen carefully to me?

2) Did they seem trustworthy?

3) What courses of action are open to me and what are the implications of these?

About the author:
Peter is author and editor at http://beta.blogger.com/

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CAN YOU FAIRLY DISMISS AN EMPLOYEE BECAUSE OF THEIR PERSONALITY?

2006-10-31T17:08:00.001-08:00

Perkin v St George's Healthcare NHS Trust, considered whether an employer could fairly dismiss an employee because of their personality. In order to fairly dismiss an employee, an employer must show two things. First, that the reason it dismissed the employee was one of the fair reasons set out in the Employment Rights Act 1996 (ERA). Second, that the employer acted reasonably in treating that reason as sufficient reason for dismissing the employee. The most commonly relied upon 'fair' reasons are conduct and capability. A dismissal can also be 'fair' for 'some other substantial reason of a kind such as to justify the dismissal of an employee holding the position the employee held.' The question in Mr Perkin's case was whether the Trust could rely on Mr Perkin's personality as being 'some other substantial reason' justifying his dismissal.

Mr Perkin was Director of Finance at the Trust. The Trust had no criticism of Mr Perkin's technical competence or his integrity. However, the Trust had concerns about Mr Perkin's management style and his relationships with colleagues and external advisors. A disciplinary hearing was convened. At the hearing, evidence was given of Mr Perkin being intimidating during meetings and adopting an aloof and stubborn attitude. Mr Perkin responded to these allegations by launching a full-scale attack upon the honesty and integrity of the Chief Executive calling him a liar and accusing him of financial impropriety.

Following a lengthy period of consideration, the Trust dismissed Mr Perkin. The reasons given for Mr Perkin's dismissal were his failure to form relationships with colleagues and external advisors and his aloof management style. In addition, the Trust found that Mr Perkin's behaviour during the disciplinary process had resulted in a break down in the trust and confidence between him and the Trust. There was no right of appeal.

Mr Perkin brought an unfair dismissal claim that eventually reached the Court of Appeal. The Court of Appeal were keen to stress that 'personality' of itself is not a fair ground for dismissal under the ERA. However, they accepted on the facts of this case that the Trust could rely on Mr Perkin's personality as being 'some other substantial reason' of a kind such as to justify his dismissal. The Court of Appeal went on to find that the dismissal was unfair due to procedural faults, most notably, the chair of the disciplinary hearing was biased and there was no right of appeal. The Court also found that Mr Perkin had contributed 100% to his dismissal and that there was no prospect of Mr Perkin retaining his job had a fair procedure been followed. In these circumstances, the Court made no award of compensation to Mr Perkin.

So what does this mean for employers? Although this case appears to be authority for the proposition that employers can fairly dismiss employees for having a difficult personality, the Court of Appeal were clear that their decision is based on unusual facts and 'it is accordingly a case in relation to which generalisations or statements of general principle are likely to prove unhelpful.' Employers who are faced with an employee with a difficult personality should proceed with care and be certain that the personality is sufficiently difficult to warrant dismissal.

About the author:
For further information contact:
Cripps Harries Hall LLP
Telephone: 01892 515121
Website: www.crippslaw.com
Email: mailto:info@crippslaw.com?subject=Article%20enquiry

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DISCOVER THE NINE VITAL QUESTIONS YOU NEED TO ASK BEFORE HIRING YOUR PERSONAL INJURY LAWYER

2006-10-31T17:06:00.001-08:00

Once you know the right questions to ask, hiring your personal injury lawyer is not only easy, but you will have priceless peace of mind.

Pick any three personal injury lawyers from the phone book or Internet ads that are conveniently located to you and begin the interview process. Remember, they are working for you so it is proper that you should take control of the interview and hiring process before you relinquish control of your injury case to them.

Here are the nine vital questions you need to ask:

1. Are you certifird by (Your State) The New Jersey Supreme Court as a Cival Trial Lawyer?

2. Do you hire trial consultants to help you prepare cases?

3. Do you run mock jury trials to help you learn about what juror's think about your cases?

4. How many personal injury cases have you actually tried in front of juries?

5. What kind of experts have you hired for your clients?

6. What percentage of your law firm's revenue is derived from personal injury cases?

7. Have you successfully handled cases similar to mine? If so, how many and what is your average recovery?

8. Do you routinely offer to advance all costs and expenses of litigation?

9. Are you certified as a trial attorney or a member of any attorney organizations that focus on injury victims?

The answers you receive will give you a pretty good idea if the personal injury attorney is as experienced and successful as you deserve.

Retain an attorney who is willing to go to trial and prepares each and every case with a jury in mind. Insurance companies know very well which attorneys are trial tested, experienced, and willing to duke it out in the courtroom. They are the attorneys who command the respect that gets you a fair settlement.

Any attorney that is unwilling to advance expenses is putting you in a weaken position because if you are unable to support the case through trial it must be settled out of court. That usually spells less compensation for your injury. Insurance companies look for these opportunities to save a bundle at your expense.

Once you have the answers to these questions and you feel comfortable that your attorney will get you a fair and equitable compensation, you are ready to hire them.

Choose a lawyer who focuses their practice in personal injury law, including car accidents, defective products, construction accidents and personal injuries of every description.

It's always a plus if your attorney is certified by (any state) The New Jersey Supreme Court as a "Civil Trial Lawyer", a distinction held by less than 3% of the lawyers in New Jersey.

About the author:
Tony Merlino is the webmaster at http://beta.blogger.com/,a legal information and marketing portal for clients and their lawyers in New Jersey.

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ARE YOU THINKING ABOUT FILING FOR BANKRUPTCY PROTECTION?

2006-10-31T17:04:00.001-08:00

Bankruptcy Overview

Bankruptcy, when you come right down to it, is the process that enables those who are unable to pay their debts get a fresh start.
It allows for some or all of these debts to be discharged or reorganized. Individuals or businesses may file bankruptcy.

This enables you to clean the slate and get a 2nd chance with your finances. In most instances, bankruptcy provides a fair method for compensating your creditors as well.

The bankruptcy process need not be your worst nightmare. However, there are certain requirements that must be met. You will be required to file a list of all of your outstanding debts and a complete list of your
assets. This is done with the help of your lawyer thru the Federal Courts.

To make this process easier to understand, your "Assets" fall into two categories.

They are: Exempt and Non-Exempt

Exempt assets are the property or belongings that you do NOT have to use to pay off the debts you have incurred.

In other words, exempt assets are off the table, (not in play) and may not be touched by your creditors.
In most instances this includes a certain amount of equity in your home, and some of the equity in a vehicle. For the most part, your clothing, and other personal items are deemed exempt. This does not include the expensive jewelry, furs and the big boys toys.

Next, you will be assigned a "trustee" by the Federal Bankruptcy Court to administer the payment of your debts.

Your debts also fall into two categories.
They are: Secured debts and Unsecured debts.

A Secured debt is one in which the creditor retains a "security interest." Most often it is the same property that was purchased with the credit that creditor extended.
Secured debts occupy the first position. This means they enjoy priority over non-secured debts, and must be satisfied first.

If you are unable to pay off secured debts, the creditor has the option to repossess that property and sell it. If there is any "short fall", that remaining debt is now considered unsecured. It doesn’t go away, it has only changed from secured to unsecured.

Once you have filed for protection, the court will issue an "automatic stay". This stops your creditors in their tracks. They may not take additional action against you beyond the bankruptcy.

This allows you to avert impending repossessions and foreclosures.

Chapter 7

In Chapter 7 Bankruptcy you are in fact liquidating your assets. This means that you are only permitted to keep "exempt" property. The remaining non-exempt property will be sold to the highest bidder. The proceeds of the sale are applied to the outstanding debt. The shortfall or amount left unpaid by the sale is then discharged.

In Chapter 7 Bankruptcy there are a few debts that are not dischargeable. They include taxes, back child support, DWI fines and student loans.

Chapter 13

In Chapter 13 Bankruptcy you are trying to regroup, recoup and get back on track. It is commonly known as the "reorganization bankruptcy for individuals."

Individuals who want to pay off their debt over a period of three to five years file Chapter 13 bankruptcy.

Chapter 11

Chapter 11 Bankruptcy is commonly used as the reorganization tool for businesses. This kind of bankruptcy is attractive if you own "non-exempt" property that you want to protect.
Chapter 11 will also help you to catch up on bills that have fallen into arrears. It effectively blocks an impending repossession or foreclosure.

Not everyone is eligible for a Chapter 13 bankruptcy. You must have a reliable source of income that is sufficient to pay your reasonable everyday expenses and still have an amount of positive cash flow with which you begin paying off past due bills.

If you file a Chapter 13 you are required to submit a plan to repay your debts that includes a set timeframe and set amounts to be repaid. Upon approval of the bankruptcy court, both parties (debtors & creditors) are obliged to accept the terms of the order

What To Do Now

Choosing your bankruptcy lawyer is an important decision.

This beginning process allows you to evaluate and determine your best course of action. This discussion is also your opportunity to satisfy yourself that the Jersey Justice sponsoring attorney’s fees are reasonable for your type of case.

Am I Making The Right Decision?

In all likelihood you are stressed and feeling the pressure to seek professional help with your finances.
Your decision to look for an experienced bankruptcy attorney may be the best financial decision you have made in a long time.

Even taking the beginning steps to consult with an attorney takes enormous courage. You may even be thinking about struggling through all the mess on your own. That could be a very lonely path.

Before you make the decision to go it alone, ask yourself a few questions. If two or more of these are you, then it could be the perfect time to seek the services of a bankruptcy professional.

Are You:

receiving harassing or threatening phone calls from people you owe?

paying the minimum payment possible on your credit cards?

taking out Payday Loans? (which by the way are illegal in NJ)

begging for loans from friends and family?

about to lose your job?

behind in your taxes?

receiving foreclosure notices?

behind in child support or alimony?

gambling to try and make ends meet?

sick and unable to even go to work?

If your answers indicate that you are in financial deep water, bankruptcy may be your best solution, but you will never know for sure until you get the advice of an attorney.

How Will Bankruptcy Effect My Life? Your Bankruptcy Attorney will be able to explain some other very important considerations.

What happens after bankruptcy?

What will my life be like?

Will I ever be able to get credit again?

How do I live within a budget?

How do I start all over?

How do I rebuild my credit?

If these nagging questions are on your mind, then a bankruptcy attorney is right for you.

It is true. A bankruptcy can be a persistent source of blemishes on your credit report for up to 10 years.
The good news is you are able to start re-establishing your credit the moment your case is closed.

How good is your present report? It is probably already suffering the consequences of late payments, delinquencies and every other known credit report disorder.

Think about this. Your credit score could actually improve due to the elimination of most of your debt. Lenders actually believe that you are a better credit risk now since they know that you may not file bankruptcy again for another six years.

At about 18 months to 24 months into your bankruptcy you will even be able to qualify for a new home loan if you are able to come up with a minimum down payment backed up with proof of income that supports the debt service.

Auto loans are available to individuals upon discharge of your existing debt. And believe it or not you will start receiving offers for credit almost immediately. But "caution" is the watchword at this critical point in time.

The offers of credit could have been what got you into trouble in the first place.

About the author:
Tony Merlino is webmaster and legal marketing consultant at http://beta.blogger.com/,a legal information and marketing portal for clients and their lawyers in New Jersey.

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PERSONAL INJURY COMPENSATION - THE EDGE

2006-10-31T16:52:00.001-08:00

Millions of personal injury claims are filed every year. However there is only a small proportion that actually get settled. Learn more on how to get yours settled.

There are too many situations in which an accident injury can happen. Whether outside or at home, even if you are a careful person, the rest of the world is not as perfect. The only thing you can really do is to protect yourself from the painful consequences of personal injuries and, if anything happens to you, all you can do is claim for personal injury compensation.

All injuries, particularly the severe ones, have more or less traumatic experiences and they can seriously affect both your personal life and work. Such situations can make you a victim in two ways: first by the injury itself as damage to your health and second by the moral, social and material losses following the accident.

You can't turn back the flow of the time and avoid what has already happened but a personal injury claim can compensate you for the rest of your problems.

Bad Experiences?

In the past, many companies offered their services to injured people using harassing and not very honest methods. They intruded accident victims at home, pushed ill people into court cases and sucked their wallets dry regardless of the final verdicts.

Even if a person won their injury claim, they would get only a small piece of the compensation, because these companies took most of their money for their fees and other costs.

They didn't care about the well being of their clients - only about 'the profit'. People were bitter and they felt conned by their advisors - and any advisor should be a trustworthy person.

This situation changed with putting the 'No Win No Fee' policy into practice. What was even better, the policy evolved into 'Win Or No Win No Fee' rule. The new methods for solicitors had changed the form of injury compensation claims and made them what they should be from the very beginning: the help and relief for people suffering from personal injury.

What Does 'No Win - No Fee' Policy Really Mean?

Each personal injury compensation claim needs money. The injury has to be assessed and the medical report must be prepared. The court fees and other payments must be paid, too. And finally, the no win no fee solicitor should earn something as well.

But does it mean all these costs ought to be paid by you? Absolutely not! After all, the aftermath of an injury itself is expensive and troublesome enough and you need every penny from your compensation. More than just need: you deserve it!

The deal is simple. First of all: you choose a personal injury solicitor and contact them, not inversely.

If you employ them, the solicitor pays all the fees and bills along the way to your injury claim settlement. They take care of everything. These costs are paid by the solicitor whether you win or lose your compensation claim. They put their money, not your, into the case and they take all the risk. If they lose your claim, you don't lose a penny - why would you, if they didn't help you?

If you win, you get 100% of your injury compensation money and the solicitor receives all payments, fees and bills from the losers or their insurance company. This kind of deal is absolutely safe for you and - what is quite logical - it assures you that the personal injury solicitor will do their best to win. As you can see, the 'No Win No Fee' method is simple and honest - no hidden costs, no small print, no strings attached.

Any personal injury is a big problem itself. Serious injuries can drastically change your life. But with the right solicitor's help and later, with the money from successful personal injury compensation claim, you can easily return to the normality.

The health problems, any psychological damage, costs of medical treatment, loss of income, job issues and many others losses may be compensated thanks to a personal injury claim.

About the author:
It's easy to claim for personal injury compensation, if you know how. Learn the new injury claim culture at http://beta.blogger.com/and get a free assessment.

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A LACK OF COMPASSION IN THE SYSTEM FOR THE DISABLED

2006-10-31T16:48:00.001-08:00

Is the system for the disabled operated by the U.S. Federal government a fair and compassionate one?. Well, the simple truth is, the disability system that is set up to help you when you are most in need...rarely does that. Yes, you may eventually win your benefits, but the chances are good that you won't receive a cent until you've lost your home, your savings, your health insurance (and access to medications and medical treatment), and, to add insult to injury, a fair portion of your dignity as well.

From the very start of the process, to the very end, individuals who are approved for benefits may have to endure a process that can last as long as three years. Sound
ridiculous? No doubt, it is, and quite dispassionate as well. Individuals who apply for an SSA check typically are between a rock and a hard place. They are unable to go to work and every day without income is a day they come closer to not having a home in which to live.

But despite such awful scenarios, the system is not geared to even take into consideration such emergency situations. If you are about to lose your home, or your health insurance, it may have little impact on how long it takes to process your claim.

Here's a couple of useful tips, though: if you find yourself in the position of having to apply for benefits, keep in mind that the process will be very long. This way, you can make better financial decisions. The second tip is this: make sure you keep up to date with your medical treatment since that is what a decision on your claim will be based on. Even if you don't have medical health insurance any longer, try to be seen at a free clinic or county health department. Always keep in mind that if you haven't been seen by a doctor recently, it will be extremely difficult for an approval to be made on your behalf.

Following just a few simple tips like these can often have the effect of making the process a bit less harsh, and, in some cases, more endurable.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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DISABILITY ADJUDICATION SESSIONS

2006-10-31T16:46:00.000-08:00

SSA hearings are fairly informal events. Usually, such hearings are conducted at OHA offices (not a courtroom) where the only people present include the Judge (an ALJ, or administrative law judge), the claimant, the claimant's representative---if they have chosen to retain one---and medical experts chosen by the Judge.

AlJ hearings, as they are commonly known, usually last no more than an hour and sometimes only take 15 minutes. From any standpoint, this is not an extraordinary amount of time. Nevertheless, the time in which it takes to hold a hearing is of paramount importance to the person trying to win their benefits.

As very many claimants for benefits discover, winning can make the difference between having a stable monthly income or living a life of uncertainty as to what will happen next. It can even make the difference between having a home and being homeless. It is not at all uncommon to find, when a case has dragged on for too long, that a claimant is being threatened with eviction from their home or foreclosure on their property.

The meeting before a judge is typically the single most important event that will occur in the process. It is a one hour event that will make or break a case. And for this reason, it should be prepared for properly.

Unfortunately, 99% of all claimants will not have the skills or knowledge necessary to properly prepare---AND WIN---a case. Therefore, even though it may not be absolutely necessary to have a representative before the hearing level (for example, at the initial claim and reconsideration levels) it is vital to have representation at the time of the hearing.

Here are some things to keep in mind if it looks as though you will have to go to before an ALJ: 1. go to the hearing. Believe it or not, some people don't attend their own hearings. Obviously, this is a huge mistake and you should not expect a judge to give you full consideration if you don't show up at your own hearing. 2. Don't be late for your appointment. This is something that most judges have little tolerance for. And the same reasoning applies: if you can't be on time for your own hearing, the judge can only conclude that it is not that important to you. 3. Be prepared. That is, be sure either you or your advocate has gotten and submitted to the judge copies of all your recent medical records. In most cases, you can't win a case without all the records, especially the most recent records being submitted.

Follow these tips and you can maximize your chance of being successful on an SSA benefits claims.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at SocialSecurity Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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INJURY COMPENSATION - HOW TO GET BACK WHT YOU LOST?

2006-10-31T16:45:00.001-08:00

Life is always better before an accident injury, actually much better. Ask anyone who is suffering from an accident or injury? Discover how to get back on your feet by claiming compensation the right way.

An injury compensation claim is a common procedure for those who have been unfortunate to suffer the consequences of a personal injury and know only too well the life-altering effects it can have. Things that used to be simple tasks are now major obstacles, the simple pleasures of life seem to be slipping away and everyday is a struggle just to get through.

Work is no longer an option, along with all the activities you use to enjoy. If this sounds like the situation you or a loved one is currently in, then considering an injury compensation claim can make all the difference in the world.

You're Not Alone In The Struggle

Every year, thousands of people struggle to cope with serious personal injury, with many of them not realising the compensation they deserve.

Once injured, many people tend to hide away and refuse to acknowledge the damage that has been inflicted on their body. Not coming to terms with an accident injury is one of the most dangerous things a person can do. It can lead to increased mental stress that can have a big impact on family and friends, and possibly slow down the recovery and rehabilitation process.

It also prevents the injured party from receiving the deserved compensation to help with the financial difficulties that often strike in these difficult times.

Get The Help You Deserve

You wouldn't skimp on rehabilitation if it was a family member or another loved one who was injured, then why deny yourself the necessary treatment. Financial troubles are the last thing anyone needs when trying to recover from a serious injury.

A successful accident claim will give you the financial freedom you need to get back onto your feet and fully recover. A caring and trustworthy solicitor will be your best offence and defense in getting that help.

I'm Ready For Help! Now What?

The decision to claim compensation can be your turning point. It is not a decision that many people make lightly; they realise that any possible court proceedings can be frustrating, and that choosing the right accident solicitor who understands their personal needs can be just as frustrating.

The right compensation solicitor will be the one who is truly interested and concerned with helping you and not just collecting his/her fees. Together with the right solicitor, you can get the compensation you deserve and help get things back on track.

Life After Your Compensation

With your successful injury compensation claim, it can feel like 100 pounds has been taken off your back. No longer stressed out about how to make ends meet. You can now concentrate on rehabilitation and returning to the activities you loved before the accident.

The psychological benefits from your injury compensation can be the greatest reward of all. The negative feelings and self-pity quickly dissolve, allowing you to concentrate on your life and allowing you to once again open up to your family and friends.

About the author:
It's easy to proceed for injury compensation and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of injury compensation claims at http://beta.blogger.com/

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SEXUAL HARASSMENT AND SEX DISCRIMINATION ANSWERS

2006-10-31T16:39:00.000-08:00

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Here are some Frequently Asked Questions:

What is sexual harassment?
Sexual harassment is defined as "unwelcome sexual advances or conduct." Sexual harassment includes quid pro quo harassment or a hostile or offensive work environment. Sexual harassment is any kind of sexual conduct that is unwelcome and/or inappropriate for the work place. Sexual harassment can take many forms: verbal harassment, e.g. sexual or dirty jokes, visual harassment, e.g. drawings, emails, etc., physical harassment, and sexual favors, e.g. sexual advances, confrontation with sexual demands (quid pr quo sexual harassment). In the work place, sexual harassment can come from the owner, supervisors, managers, and co-workers. Sexual harassment does not only occur in the work place; it can occur off-site at office functions and parties.

Who can be held responsible if I am the victim of sexual harassment at work?
Both the employer and employees are liable for sexual harassment.

What is quid pro quo sexual harassment?
Quid pro quo sexual harassment takes place when a supervisor or someone with authority over your job demands sexual favors from you in exchange for a promotion, raise or some other benefit, including keeping your job. The demand for sexual favors can be explicit, e.g. "If you have sex with me, I will promote you," or it can be implied from unwelcome physical contact such as touching or fondling.

What must I prove to prevail in a cause of action for quid pro quo sexual harassment?
You must show that a supervisor, or someone with authority over your job, explicitly or implicitly conditioned a job, retention of your job, a job benefit (raise, business trip, or some other benefit), on your acceptance of sexual conduct. You must demonstrate that the harasser is someone with authority who can affect conditions of your employment. You also have to prove that the sexual conduct was unwelcome.

How can I prove that the sexual conduct was unwelcome?
The sexual conduct must be unwelcome. You may show that the conduct was unwelcome by showing that you: explicitly rejected his/her sexual advances; you suffered emotional distress; your job performance deteriorated; you avoided the harasser; you told friends and/or family of the harassment; and you told a company representative of the harassment. Each case is different and your case may or may not include some of these examples.

What are my remedies in a quid pro quo sexual harassment case?
The law provides that you may recover damages from your employer once you have proven that you were deprived of a job benefit, or suffered an adverse employment action, e.g. failure to promote, termination of employment, because you refused to accept your supervisor's sexual demands.

What To Do If I Think I am the Victim of Sexual Harassment?
Keep a record of the events surrounding the sexual harassment, include the date, time, place, and who was present. Your notes may become very important in litigating the case, but bear in mind that these notes may be required to be turned over to the employer during the discovery phase of litigation. Check the company’s employee handbook, if one exists, to determine if the company has a procedure for handling sexual harassment complaints. If the company has a procedure for filing a sexual harassment complaint you must comply with it. If you do not complain to the employer, the employer can successfully defend itself from liability by arguing that it was not aware of the problem, and therefore was unable to remedy the problem. However, if the problem is not remedied, you may wish to speak to an attorney for advice on how to file a formal complaint with the appropriate federal or state or city agency. You may still want to speak with an attorney before you file the complaint with the company to ensure that it is communicated appropriately.

Once I inform my employer about the sexual harassment, what must my employer do?
Once the employer knows or should know about the harassment, it has a duty to take immediate and appropriate corrective action to end the harassment. The employer's response must be reasonably calculated to end the harassment and if earlier discipline did not end the harassment, more severe discipline is required.

Is my employer still responsible if the harasser is a co-worker?
If the demand for sexual favors is made by a co-worker with no power to affect your employment opportunities, you cannot claim quid pro quo harassment. However, you may claim that the co-workers actions created a hostile work environment, and an employer may be held liable for the conduct of the employee if the employer knew or should have known of the employee's conduct and failed to take prompt remedial action to stop the harassment.

What is "hostile work environment" sexual harassment?
As an employee, you have a right to work in an environment that is free of discrimination, intimidation, insult and ridicule. You have a potential claim for hostile work environment if the sexual harassment unreasonably interferes with your work performance or creates an offensive or intimidating work environment. In order to have a claim for hostile work environment, you must be able to prove that there was more than a single incident of harassment. You also have to show, as in quid pro quo sexual harassment, that the sexual conduct was unwelcome.

What are examples of a hostile or offensive work environment?
Sexually-charged jokes or pranks, being grabbed or whistled at, sexual advances, requests for sexual favors or other verbal, visual, or physical conduct of a sexual nature can create a hostile work environment and can qualify as sexual harassment. Conduct that makes the workplace sexually charged does not need to be directly aimed at you. For example, being subject to offensive company-wide emails may create a hostile or offensive work environment.

What must I show in order to recover damages for a hostile work environment?
You must show that the unwelcome sexual conduct was so severe and pervasive that it "altered your conditions of employment by creating a psychologically abusive work environment." The employer may be held liable if he/she knew or should have known of the harassment and failed to take prompt remedial steps to stop the harassment.

How can I prove that the harassing conduct was severe or pervasive enough to alter the working conditions and create an abusive environment?
You must be able to meet both an objective and a subjective standard. The objective standard is met if a Court determines that a “reasonable person in your position” would have considered the conduct severe or pervasive. Under the subjective standard, you must have actually found the conduct sufficiently severe or pervasive to interfere with your work environment. In other words, a Court looks at what your reaction to the conduct was, and whether your reaction was reasonable, according how a “reasonable person in your position” would have reacted.

What types of damages can I recover if I am successful in demonstrating sexual harassment?
A Court may order the company to: stop the harassment; pay lost wages and other job-related losses (e.g. promotions, or favorable work status you lost because of the sexual harassment); pay compensation for physical, mental and emotional injuries; pay punitive damages; pay your attorneys' fees and expenses associated with litigating your case.

Not all employment disputes require a lawsuit, and sometimes negotiation is the best course of action. I have considerable experience negotiating with employers who have as few as 4 employees to employers who have as many as 100,000 employees.

If you work in the State of New York, call toll-free 866-424-2644 now for a no-cost consultation to allow me to begin evaluating your case.

+++++++++++++++++++++++++++++
Brendan Chao
EMPLOYEE RIGHTS LAW
Attorney & Counselor at Law
http://www.bchaolaw.com
"I have extensive experience in the area of
employment law and sexual harassment!"
+++++++++++++++++++++++++++++

About the author:
Brendan Chao

EMPLOYEE RIGHTS LAW

' target='_blank' class='navigation'>http://www.bchaolaw.com

"I have extensive experience in the area of

employment law and
sexual harassment!"

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NEGOTIATIONS WITHIN NEGOTIATION

2006-10-31T16:38:00.001-08:00

If only two persons attend a mediation and they are both have authority to settle, then only three negotiations take place. They are between (1) person 1 and person 2, (2) person 1 and mediator, (3) person 2 and mediator. The dynamics of this are easy to manage.

More commonly, at least four persons attend, namely two parties and two attorneys, in which case ten dynamic interactions may take place, as follows: (1) party 1 and party 2, (2) party 1 and lawyer 1, (3) party 1 and mediator, (4) party 1 and lawyer 2, (5) party 2 and lawyer 2, (6) party 2 and mediator, (7) party 2 and lawyer 1, (8) lawyer 1 and mediator, (9) lawyer 2 and mediator, (10) lawyer 1 and lawyer 2.

It is easy to draw a cat’s cradle to demonstrate the complex dynamics that exist in the above simple mediation, with only two parties each represented by an attorney.

If this was a dinner party with five friends, the conversation would be a free for all with everyone having a wonderful time. But a mediator cannot afford to have a free for all in a mediation session. A mediation is a negotiation, and every negotiation is (however politely or amicably conducted) an adversarial process. Further, most mediations take place within a larger context of adversarial relationships, or adversarial process such as potential or pending litigation.

If there are multiple participants, i.e. more than two parties and two attorneys in a mediation, the cat’s cradle becomes exponentially more complex, in fact, exceedingly complex. Such negotiations can easily get out of hand. It becomes all the more important for the mediator to set herself or himself as the focal point of all communications, and to control cross-table communications quite carefully, with as much finesse as possible.

No one attends a mediation without an agenda. Every person’s agenda is different.

The mediator must control the flow of communication, or the negotiation will founder. That is why he was hired. With whatever subtlety or bluntness this is accomplished, it is essential. The mediator must be willing to shut off a destructive communication. He/she must also be willing to draw necessary communication out of participants who are keeping silent, even if this requires a private session.

The easiest way to control the dynamics of the situation, without attempting to stifle them, is to have the participants communicate with each other through the mediator. The slight deflection that this requires has an ameliorating effect on the language and the attitude of the speaker. As this is exactly what happens in court, attorneys are used to it.

There are only two kinds of communication in mediation. The first is any communication that keeps the negotiation moving towards clarity and settlement. The second is any communication that tends to torpedo, stifle or impede clarity and settlement. When “bad” communications occur, as they always do, the mediator must repair the damage and move on.

There are only two venues for a communication. The first is in joint session. The second is in private session.

Joint sessions are for participants to communicate positively such facts, attitudes, interpretations, arguments, and offers as will tend to move the parties closer to the goal of settlement.

Individual sessions have two purposes. The first is to permit participants to “vent.” Venting means to express negative thoughts and emotions about the other side. The setting in which such venting takes place must be controlled by the mediator in such a way as to advance, not impede, the purpose of settlement, and this means in private session. The purpose of venting is to get it said and done with. Some people take longer to vent than others. Some people never stop venting on their own volition, in which instance the mediator must make a calculated judgment when to call a halt to it. The second purpose of private session is to discuss what the participants will say in joint session, or what they want the mediator to convey to the other side.

Sometimes a participant wants to express his or her thoughts, emotions, feelings or attitudes directly to the other side. This is the side of mediation that is closest to therapy. The only reason to permit this is if it will advance the settlement process. How this is done is very important. There is a world of difference between on the one hand, explaining how one feels, and on the other hand, engaging in an ad hominem attack on another participant. This can be quite subtle. However much a person is coached, sometimes they just cannot resist turning an account of how they feel into a personal attack. There is a simple rule concerning ad hominem attacks: don’t do it, because it never helps.

These issues do not always arise. Often, the volume and extent of these potentially explosive interactions is reduced or minimized by the parties themselves or their lawyers. Some lawyers prefer keep their clients out of the negotiations, keeping them on hand to ratify settlement proposals. Some parties do not want to take an active part in the proceeding, feeling that is what they retained an attorney to do for them. Also, attorneys often do not want their clients interacting directly with the other side’s attorney. Some clients become terribly frustrated with the other side’s attorney, seeing him or her as the supreme obstacle – sometimes such a client takes the opportunity to call the other side’s attorney a liar; the mediator should put an immediate stop to such “fighting words.”

About the author:
Charles Parselle graduated from Oxford University’s Honor School of Jurisprudence, and is a member of the English bar and the California bar. He is a prolific author and sought-after lecturer. You can contact him through his website: http://beta.blogger.com/

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WORK INJURY CLAIM -EASY IF YOU MAKE IT!

2006-10-31T16:31:00.000-08:00

Vicitims of workplace accidents are generally scared to claim against the company they work for. However, by speaking to a personal injury specialist in work accidents can eliminate the fear & confusion to proceed.

If you had an accident at work, its consequences can get very complicated. A work injury claim can help if it disables and makes you less useful as an employee to the company. The recovery takes time and your co-workers can react in different ways when they have more work to do because of your health problems.

They may be unhappy with you slowing their work or they may think that you're practically being lazy and your injury is just an excuse so you needn't work harder.

So your situation at work gets worse, even though it's not your fault that you're suffering from an accident. Accidents do occur and you shouldn't be punished for it. The injury may result in smaller earnings, you can be demoted, transferred to other tasks or lose a future chance of promotion.

Not to mention that one day you may hear from your boss, the time has come for you depart from the company and suddenly you are left with nothing.

Are You Going To Get Sacked?

On the other hand, you realise you can make a work injury claim. But you also think about it not being fair on the company and could jeopardise your relationship within. However a work accident claim can solve many issues brought to hand. Such as stating the obvious financial, the reason why we go to work. To get paid!

The injury assessment and medical report, once obtained from a medical specialist will determine the worth of your compensation claim. It could also bring to light areas at work that are dangerous to work and will help the company to improve and prevent further accident injuries.

It may also prove that your injury is more serious than your co-workers and bosses think. If the accident was not your fault, your company should bear all the consequences, as they haven't obeyed the Health & Safety Regulations.

A workplace accident claim can also compensate for many personal problems following your injury at work - because we can't forget that your life doesn't end at work as it affects your everyday life, both personal and social.

I Had An Accident At Work - What Should I Do?

There are certain procedures and things you should do if you want to make a compensation claim for a workplace injury. At the very beginning, your injury should be recorded in the company's accident book. If your firm has more than 10 employees, the presence of such book is required by law.

If for some reason the accident book is not available, you should advise your boss with a description of the accident and any injuries sustained. If there were any witnesses to the accident, they should add their knowledge of detail to the record.

You should also be asked to write down a detailed version of the entire situation - it's good to prepare it as soon as possible, so you won't forget anything and you will have it ready for any further proceedings. If you can, take photos of the workplace area plus any machines that were involved.

Then you should visit your doctor, so he or she could make a medical entry concerning your injury. If the injury is serious enough to make you unable to work, you should organise your statutory sick pay with your employer. It could also be useful for your accident injury claim to at least recover your earnings.

Of course, if you want to claim your compensation, the best you can do is to contact an accident solicitor, who will advise and guide you through the process of making a claim. Quality accident solicitor's services are free, based on a 'No Win No Fee' policy, which means that regardless of the claim's final result, you don't pay anything.

On the other hand if you win, you get 100% of your workplace injury compensation. If you have any questions or doubts about proceeding you should contact one today! But can you see any reason why you shouldn't use a professional and a 100% free based service that can bring you compensation for your accident at work?

About the author:
It's easy to make a work injury claim, if you know how. Learn the 12 revolutions of the new accident claim culture at http://beta.blogger.com/and get a free assessment.

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LUMBER PAIN AND THE SYSTEM FOR THE DISABLED

2006-10-31T16:29:00.001-08:00

One of the most commonly listed impairments on SSA applications for the disabled is lower lumbar pain. Why is this condition so "common"? Well, it's simply due to the way humans are built. The lower back area (particularly L5-S1) is the point at which we bend to pick up things and we often use it as a fulcrum to lift heavy objects. Unfortunately, because lower back problems are seen so often on disability applications, they tend to be viewed by examiners in a dismissive way. The typical examiner will look at a app that lists back issues as the only allegation and will think to themselves, "Lumbar pain, is that all?". From day one, when the file lands on the examiner's desk, the examiner will have it in his or her mind that the case will ultimately be denied.

Having been an examiner, I am sad to say that this is how the evaulation process usually begins for such cases. And it sucks. Extreme lumbar pain (I don't mean simply "pain". I mean pain of the kind that prevents you from even being able to get off the bed and onto your feet to go to the bathroom without breaking into a sweat and wanting to scream) is something that one cannot imagine...unless one has experienced it firsthand. And without having experienced it personally, it is difficult for others to really understand how lumbar discomfort can be so severe that it impairs a person's ability to work.

Unfortunately, most DDS examiners--the individuals who slap decisions on ssd and ssi claims--are relatively young people who have NEVER experienced this kind of pain. Typically, probably due to relatively low pay, most examiners in a DDS unit will be in their early to late twenties. Yes, you do see people in their thirties, forties, even fifties at a DDS, but most DDS units will be composed of younger workers.

I have no doubt in my mind that this fact alone has a bearing on the decisions rendered for some claims. I mean, how can a person understand how debilitating or painful a situation can be if they've never experienced at least something similar? I'm sure they can't. And with so many examiners belonging to a relativly young age-set, this "builds" a certain insensitivity into the process.

I'll give you an example of what I mean. About eight years ago, I injured my back and was out for 3 straight days. How did this happen? I simply got out of the shower. I must have stepped the wrong way as I got out, because as I was closing my front door I could feel pain tingling down my right leg. Thirty minutes later at a christmas eve party I was on the floor and unable to move. I spent the next three days in bed, on flexeril and pain killers, unable to move much at all. Getting up to go to the bathroom felt like a spike was being hammered into my tailbone.

How does this personal bit of information relate? When I got back to the job (DDS), I tended to look at back cases a lot differently than before. Even though my condition had been relatively short-lived, the memory of the awful pain I felt in those three days made me more acutely aware of how debilitating back pain can be. And how restrictive and limiting a back condition can be for people who have chronic and ongoing back pain.

Now, why am I writing this particular post today? Well, once again I find myself in bed, on percocet and flexeril, after simply crouching (this was a crouch, not a stoop, which you would think would be safer) down to do something. As before, neither the muscle relaxant nor the pain pill seem to do the trick (though I wonder how bad it would feel without these meds) and I expect the situation to last for probably 2-3 days.

Am I disabled? No, of course, not. The likelihood is that sometime in the next 24-48 hours I will be able to walk again, with some residual pain. But...what if I had a condition that caused this level of discomfort, yet was chronic and ongoing? Frankly, I don't know what I would do. I certainly wouldn't be able to work. And feeling that kind of pain for so long would undoubtedly make me depressed and anxious (a lot of claimants with back problems also cite depression as an impairment). And, for me, knowing what I know about the disability system, the situation would seem even more depressing because "pain" is given very little consideration in the evaulation process.

What do you do if your major allegation on a claim is back-related? Here's a tip that really applies to all cases. Seek regular medical care and try to make sure your physician fully documents all the limitations you have as a result of your condition. Medical record documentation on a federal disability claim is essentially the gas that powers the engine.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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THINKING OF APPLYING FOR DIB BENEFITS?

2006-10-31T16:28:00.001-08:00

As the publisher of a website devoted to issues for the disabled, and as one who receives occasional mail from claimants, one thing stands out amazingly loud and clear: too many disability claimants are waiting way too long to get their applications going.

In fact, it's almost stunning how many people are out there in their forties, fifties, even in their late fifties, with significant physical and/or mental impairments and yet have not filed for help.

I don't use the word stunning lightly, either. In the last few years, I've been, in varying capacties, in daily contact with claimants (several thousand). Even prior to becoming an examiner, I had been a medicaid caseworker, taking applications for medicaid that would go to disability determination services for a medical determination Yet, not in any of that time, did I get a clear picture of how many disabled individuals there must be who are not pursuing their benefits.

Why do so many people put off filing for benefits? There are lots of different reasons, I suppose, and one that I can't discount is that a certain percentage of individuals have probably been intimidated by all the "bad stuff" they've heard about the program (high denial rates, files and paperwork getting lost, rude social security employees, etc, etc).

However, I have the strong impression that many potential claimants either do not file or put off filing because A. they feel embarassed about filing or B. they want to go back to work and are truly hoping their condition will improve to the point that this will become possible.

This is what I would tell a friend, relative, neighbor, and anyone who reads this: if you believe you are disabled, file your application ASAP. Because if your medical condition does indeed prevent you from returning to work, any embarassment you feel over filing will weigh very little against your immediate financial concerns. And if you're hoping that your condition will improve to the point where you can work again, that's a great attitude...but what if it doesn't. You're always safer and wiser if you hedge your bets.

The federal evaluation system in the U.S. is presently in a "slow-mode" meltdown and (that's just my opinion) and right now, start to finish, it can take up to three years to get through the whole process (initial claim, reconsideration, alj hearing). So, don't THINK about filing.

Just FILE.

You may have read in the news that the SSA system is slated for improvement soon. Aain, this is just my opinion, but don't count on it. The reform proposals being advocated by the current SSA Commissioner may arguably make things a lot worse for claimants and the process in general.

Commissioner Barnhart's proposals will certainly make the system more hostile and adversarial to claimants. And there's good reason to believe that her proposals will not even speed things up.

They may, in fact, have quite the opposite effect. Please remember that this is the same administration that thought it was ok NOT to pay overtime to people working 50 hours a week as long as they would classified as "working supervisors". It's also the same group that thinks it's ok for individual citizens to be barred from debt relief while individuals occupying the
ivory towers (I'm thinking of "The Donald" here) seem to be filing for bankruptcy protection every time you turn around.

I will leave you with this thought. It was under the current SSA Commissioner that HPI was instituted. This was an efficiency program that, instead of bringing efficiency to the disability hearing process actually slowed things down by at least a FACTOR OF THREE (hearings in north carolina, for example, used to take at most 5 months to get---now they take up to 15-24
months, depending on what OHA you have to deal with).

To reiterate: If you are disabled, don't think about filing. Just file and get it done.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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LOWER BACK COMPLAINTS AND THE SSDIB CLAIMANT

2006-10-31T16:24:00.001-08:00

About one week ago to the day, I injured my lower back. And though I am now fully on the road to recovery, I can't help but wonder what it would be like to be saddled with nagging lumbar back pain indefinitely as is the case with many disability claimants.

It would be awful without a doubt. But here are some specific things my spouse (also a former DDS examiner and a current D.O. CR) and I discussed: light jobs would be difficult because handling any amount of weight, let alone, say, 20 pounds, would aggravate a back problem. I rediscovered this reality yesterday as I, in a limited fashion, tried to help my wife with
groceries. The simple weight of a gallon jug of milk was enough to make me wince. How about a sedentary job? Well, the problem with sedentary jobs has to do with...being sedentary.

As many claimants with chronic lower lumbar pain will attest, being in a seated position can become very uncomfortable even after a few minutes. But even "sedentary jobs" are not entirely sedentary. Most sedentary work still involves having to get up and down from a seated position dozens of times during the course of a day. And this can obviouly present a problem for someone with lower lumbar pain. And, of course, there are the psychological aspects of having continuous pain and discomfort; chief among these is the effect that continuous pain has on one's ability

to maintain attention and concentration. And, of course, pain does have a nasty effect on one's disposition.

Now, in the context of disability claims adjudication, why do I even bother mentioning this kind of stuff? Simply for this reason: examiners, their supervisors, and the medical consultants with whom disability examiners work all too often slap decisions on cases without allowing claimants reasonable consideration with respect to their pain. This is not a trivial issue as the social security administration has been sued a number of times over its failure to recognize claimants' limitations due to pain.

Why do the "functionaries", or cogs of the system, fail to recognize the role that pain plays in a claimant's functional limitations?

Well, in the case of examiners, it may have a little to do with age. Most examiners tend to be younger individuals (twenties and thirties), i.e. people who have never had to deal with a disabling illness, such as degenerative disc disease. It's an unfortunate reality of human existence that people are often unable to empathize with someone else's pain if we have not experienced something similar ourselves.

In the case of the docs, that is the physicans who serve as unit medical consultants in a state's DDS (disability determination services), the blinders they wear may have more to do with the nature of their work. Basically, "disability docs" sit in an office all day long, reading files and writeups that have been written by disability examiners. After a doc has finished perusing a file, he or she will write an RFC (residual functional capacity
form) that may or may not agree with what an examiner has "conjured". At any one time, a DDS medical consultant may have dozens of cases in his office which need reviewing. But in NONE, ABSOLUTELY NONE, of that time will one of these doctors ever see, touch, or feel one of the claimants that they are writing an RFC for. Can you make out the picture that I'm drawing. These doctors render VERDICTS on cases, in a way that is very impersonal, removed, bureaucratic, and even automated. And with the number of cases that come across their desks, it's hardly a wonder that MOST cases are given a medium RFC, or residual functional capacity rating.

What is a medium RFC? It means several things, but in terms of exertional limitations, it means that a claimant is still expected to be able to, in the course of a workday, lift 50 lbs occasionally and 25 lbs frequently. As an examiner, I saw medium RFCs given to claimants who, doubtless, would have difficulty lifting even 20 lbs once, let alone 50 lbs occasionally.

This, of course, qualifies as a gripe that I hold against the SSA system. However, I believe it is wholly a legitimate one concerning a legitimate problem. How do you address the problem?

Here's a novel solution that might have an immediate impact on how DDS medical consultants rate the limitations of claimants: require them all to keep fifty pound dumbbells beside their desks and each time they consider handing out a medium rfc, require them to lift it just once. Each time they perform this action and feel the discomfort that comes from lifting fifty pounds, they can then consider the effect this amount of weight might have on a claimant with chronic lower back pain. And, just perhaps, their ratings of cases might begin to approach a state closer to
reality. Because, presently, it is doubtful, at best, that many of these doctors have any real clue as to what fifty pounds really is, or feels like.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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IDEAS ABOUT REFORMING THE SYSTEM FOR THE DISABLED

2006-10-31T16:22:00.000-08:00

There's an excellent website online published by a Dr. Holden, a former DDS medical consultant. I couldn't help but comment on one of the good doctor's recent writings in which he makes several suggestions for evaluation reform. To get right to the point, Dr. Holden's reform ideas seem to strongly revolve around the notions of upgrading the salaries of examiners and instituting a better medical training regimen for these workhorses of the system.

Dr. Holden's points are, to some extent, on target. For starters, examiners don't get enough medical training. As a former examiner myself, I don't mind saying that. And I seriously question the entire concept of SDM's ("single decision maker" examiners who can slap decisions on cases without the input of their unit medical consultants----how crazy is that? Examiners are NOT doctors).

Dr. Holden also questions the soundness of utilizing lawyers--who are now wearing the hats of federal administrative law judges--to adjudicate "medical evaluation cases". Personally, I never really understood just why it is that an ALJ (someone with legal training, not medical training) is necessarily needed to preside over disability hearings. Judges are not medical professionals and disability hearings are not legal court proceedings in the strictest sense. In fact, this is exactly why non attorneys are allowed to represent claimants at such hearings.

I really have no major problem with any of Dr. Holden's core assertions. However, I guess it's true that we are all, to some extent, limited by our experiences and this holds true for MD's as well.

While Holden's suggestion for more indepth medical training for DDS examiners is a good one, his suggestions for overall reform miss the REAL PROBLEM (IMO - just my opinion) with DDS. What's that problem?

Here it is: DQB. As all examiners, reps, judges, and CRs know, a percentage of completed DDS files are sent off to this unit to see if all the i's are dotted and all the t's have been properly crossed. And, interestingly enough, more cases that were MARKED FOR APPROVAL come back reversed i.e. overturned than vice-versa.

When a case is returned from DDS, it's like a black mark for the examiner because it directly implies that he or she flubbed up. It's a black mark for the unit supervisor because the return came back to his or her unit. And it's a black mark for the dds administrators because the more DQB returns you get, the worse it makes your agency look.

So, human nature being what it is, what is the outcome at all dds locations in the good old USA?

It means that supervisors tend to exert an iron grip over the examiners in their units. It also means that supervisors will always lean more toward denials rather than approvals. And...if a case is one of "those" cases that is right on the line, you can be sure that the examiner won't stick his or her neck out because the likelihood is that the unit supervisor will have to talk to the examiner about his or her decision-making ability, (i.e. imply to them that they better get in line with the program and/or potentially find a new job).

Now, this may not have occurred to Dr. Holden because he was not an examiner. And it may not have occurred to most reps because they, too, were never examiners (though some examiners later went on to become attorneys or non attorney reps). And it certainly would not occur to an SSA CR
because, for all intents and purposes, they know very little about the actual disability evaluation process, aside from the mechanics of taking claims and then processing them once DDS is finished with the medical evaluation.

Of course, I am not saying that we need to fill the spots currently occupied by ALJ's with level 3 disability examiners or SSA Disability Case managers (that is, if they ever actually created such a DCM position). I'm not saying we should get rid of the SDM program (though it wouldn't bother me), or dispense with quality review. But, I do think it's pretty plain that external
quality review has had an insidious effect on DDS claims processing-----with disability claimants coming out the clear loser.

So, what's the alternative to DQB? In all candor, I don't know. But, regarding such issues (disability system reform from a "structural perspective") perhaps that's something that the brighter heads in NADR and NOSSCR should ponder and make proposals toward.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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DOES YOUR GOVERNMENT REALLY CARE IF YOU BECOME DISABLED?

2006-10-31T16:20:00.000-08:00

Does your government really care if you are disabled? That's a question that is becoming more and worthy of the public's consideration.

Recently, I was on the phone with a claimant who needs to have his recon filed and I asked him if he had been seen by any doctors recently. He gave the all too common answer: "No, I haven't been able to go. My insurance ran out a long time ago".

This is a very common situation. And I've heard it so much that I've become somewhat
desensitived to it. But...if you really think about it, these situations (which ARE extremely common) are horrendous.

Let me put on my examiner/caseworker hat for a moment. The system is set up so that the prospect of being approved for disability weighs entirely on a claimants medical records. And not just on medical records, but on recent records (aside from closed periods).

Well, ding ding ding (wake up bureaucrats, politicians, and red-tape functionaries), if the process for eventually---we hope---getting approved for benefits can take up to 3 years (I'm not pulling that number out of a rabbit hat either----just call any attorney or non attorney practicing in the raleigh north carolina area and they will sullenly confirm this information), then how can a claimant be expected to have decent medical record documentation by the time they get to a hearing (a destination most cases will arrive at)?

Answer: an unacceptably large percentage of claimants won't (I typically tell people to seek out a county health department, free clinic, or even go the ER, if need be---but's let be honest, that doesn't take the place of records generated via an ongoing treating physician relationship).

Now, before I go on any further, I acknowledge the notion that the system is not responsible in any way, shape, or form for facilitating a claimant's access to medical care while a case is pending in order to substantiate a claim (i.e. ensure that records are in place to support allegations of disability). But, even for those claimants who had mainstream employer-provided health insurance, COBRA only lasts 18 months.

So, when the process can last 2 or 3 years, where does that leave claimants? In a bad way, without a doubt. Not only are they put in the position of finding it difficult to document their impairments----to add insult to injury their conditions will sometimes worsen as a result of having inadquate access to medical care.

Now, back to the headline of this post. THESE HUGE WAIT TIMES came into effect under the administration currently sitting in office. So, do they care? Do they really care about those who are least able to assist themselves?

I would have to say no. They do not.

I will leave you with this anecdote: about 2 years ago I tried to assist one particular claimant whose situation was quite miserable. He had no access to medical care and his living conditions were beyond the pale. To try to help him, I contacted the following agencies in his city (not my own area of operation): the salvation army, catholic social ministries, and urban ministries.

Want to know what I was told? They were out of funds. THIS WAS IN FEBRUARY OF THAT YEAR.

So, what does that say about the federal administration's notions of faith-based charities taking up the slack from the
government cutting back: that it is essentially useless and disingenuous rhetoric.

In addition to being a former examiner, I used to be a food stamp caseworker, medicaid caseworker, and an afdc worker, and I can tell you unequivocally that private charities will never be able to fill any gap left behind by the feds, but that's another conversation.

Now, why this article? Because there are changes in the works that while masquerading as reform of the system...will actually make the system more hostile to disabled benefit applicants.

Chew on this as a parting thought. The people who are trying to "reform" things are the same people who tried to (or are trying to, as the case may be):

1. bust the federal employees unions (and have to some extent succeeded),

2. altered regulations regarding overtime compensation in a way that was clearly hostile to workers,

3. are trying to limit the ability of mesothelioma victims to seek compensation (the sick part part about this is that mesothelioma has an incubation period of up to 40 years following exposure to asbestos fibers and the diagnosis itself is a literal death sentence----no one survives, even following a pneumonectomy).

And these are just a few things.

So, to address the question we began with: does your government really care if you become disabled and need immediate benefit assistance to avoid falling into a financial abyss? Perhaps to some extent...but, unfortunately, I would have to say, not particularly much.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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THE PURPOSE OF THE WORKMAN'S COMPENSATORY SYSTEM

2006-10-31T16:18:00.001-08:00

Workman's Comp is a benefit system that was established decades ago to safeguard workers in the event they became hurt on the job. Fundamentally, the system works like this: when a worker becomes injured, rather than sue their employer (which around the turn of the century was the only option available to an injured worker), an employee can file a claim that provides for the following:

1. Protection of the worker's job (an employer cannot fire an employee simply because they are injured)

2. Continuation of the worker's pay while the worker is injured.

3. Payment of medical expenses (usually including the cost of emergency care, necessary surgery, and rehabilitative services).

Workman's comp essentially relies on the concept of employer liability for job injuries and work related illness but with no fault. In other words, the way the workman's comp system is setup (regardless of the state in which a worker lives), the benefits flow in two ways.

On the one hand, an employer will provide an injured or sick worker certain benefits that are normally covered under workers comp (which normally includes medical care, payment of a certain percentage of a worker's wages, and, in many cases, the continuation of certain benefits); on the other hand, the employer will not normally face litigation for work related injuries or illness.

In many unfortunate situations where a workplace accident or injury has occurred, workman's comp can ideally provide an injured worker with necessary medical care and replacement income during the time for which the worker is unable to work. However, not all situations are ideal. In such instances, a worker may have difficulty with an employer or the employer's insurance carrier (for all intents and purposes, the two entities are, in a workman's comp claim, one and the same). And the rational for this is, sadly enough, fairly clear. Each time an employer's insurance carrier is forced to "payout" on a claim, the cost of the employer's insurance premium rises. In other words, the interests of the employer and the injured worker are sometimes, if
not often, at odds.

What should you do when you've been injured on the job and learned that your workman's comp insurance is reluctant to pay? Get a consultation with an attorney who specializes in this type of labor law. Because when an insurance company's financial interests are in opposition to your own, it makes perfect sense to be fully armed, in a legal sense.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq

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IN HOT PURSUIT OF THE 'RECANTING VICTIM'

2006-10-22T01:14:00.000-07:00

Author: Donald P. Schweitzer

Copyright 2006 Law Offices of Donald P. Schweitzer

In case you didn’t know, we are living in a state where uncooperative victims of domestic violence are ducking and running from prosecutors and investigators who wish to compel their testimony. At this very moment, thousands of victims are holed up in their homes or are “on the lam” in their attempts to avoid contact with law enforcement officials.

I have many concerns about the government’s aggressive practice of pursuing uncooperative victims and I believe there needs to be a change in the way our criminal justice system handles first time offenses involving domestic violence.

The Recanting Victim

The “recanting victim” phenomenon is nothing new. Any professional who has ever worked with domestic violence cases knows that a great number of people who report domestic violence frequently change their mind about pressing charges, once things have cooled off and reality sets in about the consequences of a criminal conviction. It is often the case that the accused and accuser make up, move back in with one another, and attempt to make things better.

Out of concern for people inflicted with the “Domestic Violence Syndrome” (i.e., people who are perpetually trapped in abusive relationships), prosecutors have adopted the philosophy that it is their job to rescue victims from making the wrong decision, and that it is their ethical duty to bring the perpetrator to justice, in spite of the consequences a conviction will have on the parties’ relationship or family.

The Use of Spontaneous Statements

Using an exception to the hearsay rule, often called the “excited utterance doctrine,” prosecutors used to successfully prosecute domestic violence cases, when the victim either refused to testify or recanted his or her statement. During trial, the prosecutor would simply play the 911 tapes taken from the incident and call the responding officer to the stand who would testify as to what the victim told him about the incident during the investigation. This type of evidence was permitted under the theory that the victim’s spontaneous statements were reliable since they were made when the victim was under a great deal of stress from the incident, and therefore the victim was not likely to have fabricated his or her story.

Prosecutors knew that it was much easier to secure a conviction when the victim refused to cooperate, given the impossibility for the defense to cross examine a 911 tape or a police officer who is merely regurgitating what the victim had said during the investigation. Thus, the preferred domestic violence case for most prosecutors was one in which the victim refused to cooperate and never set foot in the court room.

The Crawford Decision

In 2003, the glorious days of prosecuting domestic violence cases came to a screeching halt based on a United States Supreme Court decision entitled, “Crawford v. Washington.” According to the Crawford decision, the Confrontation Clause excludes "testimonial" hearsay from trial unless the declarant testifies at trial, or the declarant is unavailable to do so and the accused had an opportunity to cross-examine the declarant at the time of the hearsay. The high court’s decision put an end to the long standing practice of calling police officers to the stand to testify on behalf of the recanting victim. Consequently, it is now necessary in most cases that the victim testifies in order for the prosecution to obtain a conviction.

The New Game

In spite of the Crawford decision, the District Attorney’s Office’s mad dog approach to these cases has not changed. Prosecutors are now going to extreme lengths to compel victim’s testimony. For example, when victims refuse to appear in court, prosecutors sometimes obtain “body attachments” or warrants for their arrests, and then send their investigators after the victims to have them hauled into court. In other instances, prosecutors will go so far as to charge victims with contempt of court for failing to appear. Thus, it is not unheard of these days where both the accuser and the accused are facing criminal charges.

Furthermore, frightening cat and mouse games are being played out on the streets as a result of the District Attorney’s current position of chasing after victims. Government officials are pounding on the doors of victim’s homes, going to victim’s work places, and conducting around the clock surveillances of the victim’s known hangouts. Meanwhile, victims are taking time off of work, refusing to answer their phones, and booking trips out of the state to avoid detection.

At the risk of being labeled a proponent of domestic violence, I believe it is time for a change in the way our system handles cases involving uncooperative and recanting victims of domestic violence. My belief that we need to change the criminal justice system’s method for handling these cases is based on the following four arguments:

1) The government’s position of not listening to victim’s of domestic violence when they do not wish prosecution is based on a flawed assumption that these people cannot think for themselves. Most people who call the police because of a domestic disturbance do not suffer from Domestic Violence Syndrome. After all, women are much more independent than they were in the past, and it is much easier for people to leave relationships these days with the help of emergency protective orders issued by the police and restraining orders issued by the family courts.

2) If a person truly wants to continue in a relationship or has hopes of keeping a family together, why is the government so quick to interfere with that decision? Isn’t it a no-brainer that a criminal conviction for domestic violence is likely to damage the relationship, especially where there has been a loss of liberty or employment opportunities?

3) If our main concern in these cases is to protect victims of domestic violence, why are we making it scary for people to call the police? Certainly in some cases it is appropriate for the police to simply keep the peace without making an arrest. However, with the current policy, people who are deserving of this basic police service do not call the police because of the severe consequences that usually follow.

4) Why is our government wasting so much money chasing after recanting victims when the likelihood of obtaining a conviction is so little? Although I do not have statistics to support this argument, I know from being in court that there is an enormous increase in the amount of these cases dismissed in spite of the government’s expenditures in attempting to locate uncooperative or recanting victims.

A New Approach- Domestic Violence Diversion Programs

In a state that has shown drug addicts a great deal of compassion by decriminalizing the use and possession of drugs and by creating diversion programs, I believe we should be more sympathetic to uncooperative victims and their families who wish to stay together. People who call the police regarding domestic disturbances should be listened to when they desire prosecution and also when they do not.

Admittedly, in some cases it may not be appropriate to follow the victim’s request. Some examples are where there are repeat offenses or where there are serious injuries. In these cases the government should prosecute the offender in spite of the victim’s wishes, to promote safety and to send a strong message to the public that domestic violence is wrong.

Conversely, where it is a first offense with little or no injuries, and the victim expressly states that he or she does not wish prosecution, the system should give the offender the opportunity to participate in a domestic violence diversion program. This program would require the offender to attend batterer’s treatment classes, and upon successful completion of the program, the case would be dismissed. Without a doubt, this program is much more likely to achieve the desired results of teaching people how to manage their anger and resolve conflicts, while allowing people to keep their relationships intact.

Donald P. SchweitzerLaw Offices of Donald P. Schweitzer201 South Lake Avenue, Suite 700Pasadena, California 91101(626) 683-8113http://www.pasadenadomesticviolence.com/Mr. Schweitzer is a attorney, who specializes in domestic violence cases. He is a former police officer, and Deputy District Attorney.
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ADVANTAGES OF AN UNCONTESTED DIVORCE VERSUS CONTESTED DIVORCE

2006-10-22T01:11:00.000-07:00

Author: David F.

An uncontested divorce is the only way to go when getting a divorce. For one, you do not need an attorney, the divorce is done in private, and issues can be negotiated 1 on 1. You may need an attorney if you can not make an agreement of every issue you negotiate. Disagreements you should be ready for are the grounds for divorce, payment of family debts, visitation rights, division of the assets of the marriage, child support, alimony, custody of the children, payment of health insurance for the dependent, contribution toward educational expenses, and income tax.

It is important that you negotiate all the issues of the divorce before you file for an uncontested divorce. Uncontested divorces are given an identification number and are considered by the court as an issue that will eventually need trial time in order to resolve problem issues in the divorce. This is because until you two get all the issues of the divorce case negotiated your uncontested divorce is considered a "Contested Divorce".

When all the issues are negotiated you can then stipulate to the court to have the matters heard as an Uncontested Divorce or "no fault divorce" matter. The court will then expedite the Hearing then they will hear proof of the agreement of the grounds of the divorce. The proper way to prove the grounds of the divorce is with an Uncontested Divorce form. Id highly recommend you to get your form from legalformsbank.biz for your state's specific up-to-date Uncontested Divorce form. Be aware of sites where you must type in your personal information so they can "generate" your legal form. Not only are you giving someone else your extremely sensitive information that could be used for all kind of identity fraud, your liable to have your money and information taken from hackers who put up legitimate looking sites then disappear off the net without ever giving you your Uncontested Divorce form.

Nicholas Fagan is proud to be an author of http://legalformsbank.biz/ providing information for legal do-it-yourselfers. We provide your state's specific, do-it-yourself, printable Uncontested Divorce form. Download your state's Uncontested Divorce form for only $7.95
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THE UFO LAWYER

2006-10-22T01:10:00.000-07:00

Author: Francesca Black

Copyright 2006 Francesca Black

If you thought UFO sightings only belonged in science fiction movies and late night TV, and that believers existed on the fringe of society, think again. It is a little known fact that for over thirty years UFO investigations and contact with ETs have been debated even in our respected US courtrooms.

Peter Gersten, AKA the UFO lawyer, is a maverick who for the last twenty years has been blazing a trail for those who have experienced frightening and unexplainable events, by giving them a voice in a society where they have been previously shunned. The founding director of CAUS (Citizens Against UFO Secrecy), Gersten is opposed to keeping UFO information from the American public. Lacking the sensationalism of other publicized court cases, the success of CAUS is not generally known, except among UFO researchers. It may come as a surprise to know that Gersten, representing Ground Saucer Watch, won his first UFO-related case in 1977 against the CIA, which resulted in the release of over 900 pages of UFO-related documents. Even more interesting is the fact that 57 documents were allowed to be withheld, claiming national security considerations. Since that day, Gersten has challenged this claim, forming CAUS and bringing even more relevant issues into the spotlight by bringing them into the courtroom.

CAUS is a non-profit organization dedicated to ending the secrecy that is associated with UFO and ET contact. Targeted projects include the release of information from the government, the investigation into UFO phenomenon and the appropriate collection and dispersal of information.

Gersten and the people involved in CAUS are so dedicated that services are offered pro bono to eye witnesses or individuals who possess physical or other genuine evidence. As would be expected in any lawyer-client relationship, confidentiality is guaranteed.

One might ask how someone becomes a UFO lawyer. Not surprisingly, there is no field specific to this practice. To date, Gersten is the only attorney to successfully sue the government for UFO documents. He trained and practiced as a traditional lawyer for years before finding his niche and committing himself to these projects. Before he became the UFO lawyer, he practiced criminal law in New York for 25 years. He now practices law in Arizona, where he currently is a trial attorney with the Navajo County Public Defenders Office. Maybe in the near to distant future, as more information is released and the public becomes more aware of UFO phenomenon, there will be a greater call for lawyers in this field, and firms may be established for that end. Until then, interested persons would certainly be wise to study science and technology, as well as the traditional courses required for a JD.

Francesca Black a long time science fiction buff, manages content for UFO Gifts http://www.ufo-gifts.com/ and Science Fiction Corner http://www.science-fiction-corner.com/
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IDENTITY THEFT - HOW TO PROTECT AN IDENTITY

2006-10-22T01:07:00.000-07:00

Author: Frank Brammer

There is a lot of advise on how to avoid identity theft. Shred your mail. Don't give personal or private information over the phone. Check the mail every day and stop mail delivery when out of town. Keep all documents safe and secure. Do this, do that, watch out, jump over this bar, duck under this bar, snake through this hoop and cross fingers and prey like heck. These are good procedures to follow. They just won't help when the government leaves millions of records unsecured, or AOL releases millions of personal searches, or a business is hacked and it's databases are compromised. Go to Google News and do a search on "identity theft". Read the stories. There are hundreds, thousands and sometime millions of identities compromised every day. It is not a matter of if, it's a matter of when virtually every personal identity will be compromised.

There are three primary steps everyone should take in protecting their identity.

Number one is monitor your credit. Identity theft almost always begins with your credit. It is where you are most likely going to be targeted by criminal activity. It is the easiest way to compromise an identity too.

Number two is 24x7 access to legal counsel. Identity theft and the laws and government protections are complicated. If you are compromised you will need legal assistance in every state where your identity was fraudulently used. Also, who do victims call in the middle of the night when they've been arrested on a warrant for a crime they didn't commit? The brother-in-law or best friend that is an attorney can help you with the occasional speeding ticket, but would be useless if your identity were stolen. Seriously, just ask them yourself. With the right plan and company, this is a very affordable service for all people. What is critical is that you get more then just monitoring and absolutely do not waist money on identity theft insurance. More on this later.

Three, you need identity restoration services. Just read the stories on the net about how lives have been ruined by identity theft. Once an identity is stolen it could take the average individual year, even a lifetime to restore their own good name. It would mean hundreds of hours stolen from the victim too. Hours stolen from work and the family. Having a profession service that specializes in identity restoration is imperative. The best companies can restore and identity in as little as a few months, and most of this time is caused by the bureaucracies they deal with. Bureaucracies that you would have to deal with if they weren't.

Identity theft insurance is practically worthless. Most of these policies give money to the victim so they can fix the problems themselves. Hopefully, it's already painfully clear that an individual can't fix this problem on their own. Identity protection and restoration needs to be handled by professionals. Please don't wait to get covered.

One great solution to identity theft protection is Identity Theft Shield from Kroll Background America and Pre-Paid Legal Services.

Frank BrammerOwns or operates:Identity Theft ShieldArticles, News and BlogsInfoZiteArticles, News and more
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IDENTITY THEFT - WHAT IS IDENTITY THEFT?

2006-10-22T00:59:00.000-07:00

Author: Frank Brammer

Some definitions from the web are:

Identity theft occurs when somebody steals someone else's name and other personal information for fraudulent purposes.

Stealing victims' personal information and credentials, often to make purchases.

The act of impersonating another, by means of using the person's information, such as birth date, Social Security number, address, name, and bank account information.

The co-option of another person's personal information (e.g., name, Social Security number, credit card number, passport) without that person's knowledge and the fraudulent use of such knowledge.

And from Wikipedia: Identity theft (or identity fraud,) occurs when someone wrongfully acquires or uses another person's personal data, typically for their own financial gain.

Sometimes it is referred to as "identity fraud" since the criminal impersonates rather than 'removes' the victim's identity.

Most of these definitions refer to financial gain. For the criminal there usually is a substantial financial gain. For the victim, the loss is usually much more then financial. Credit theft is the most common form of identity theft. It is the reason there is so much marketing around credit monitoring services.

Unfortunately, only about 28% of the identity theft crimes are credit related. It's unfortunate because credit is much easier to repair then the damage caused by most other forms of identity theft. More about this in Identity Theft (Part II).

What identifies a person? First, take a small town view. In most cases a person is clearly identified by their first name or a nick name, and sometimes via a relationship to another person in town. That identity is usually good for a lot. Even today, in many small towns, a local can buy goods at the local mom and pop with just a smile and "put it on my tab". Try that at Wal-mart.

So outside of small town USA how is business done? In many cases it's credit. Maybe not as friendly as the small town approach, but usually more reliable. The down side is it's not really a person that is identified. It's an account. An account that is represented by a number. A number that is link to some other numbers, a name and an address. And of course there are millions of accounts, names and addresses. How does a business validate the person before them with a credit card is really the person behind the credit in the first place? The business can't validate this, and that is the dark area the criminal operates in. The only piece of data a criminal needs from you is your name and Social Security Number. With that little bit of information they can virtually recreate you at a different address, with tons of credit cards and possibly much much more.

There is a lot of advise on how to avoid identity theft. Shred your mail. Don't give personal or private information over the phone. Check the mail every day and stop mail delivery when out of town. Keep all documents safe and secure. Do this, do that, watch out, jump over this bar, duck under this bar, snake through this hoop and cross fingers and prey like heck. These are good procedures to follow. They just won't help when the government leaves millions of records unsecured, or AOL releases millions of personal searches, or a business is hacked and it's databases are compromised. Go to Google News and do a search on "identity theft". Read the stories. There are hundreds, thousands and sometime millions of identities compromised every day. It is not a matter of if, it's a matter of when virtually every personal identity will be compromised.

The probability that an identity will be compromised is nearly 100%. No one person has complete control over own data. Identity theft protection cannot be accomplished though personal protection of one's data. Is this sounding a little redundant? It's because this point is too important to miss. Preventing an identity form being compromised is not possible.

Protecting your identity is possible.

Frank BrammerOwns or operates:Identity Theft ShieldArticles, News and BlogsInfoZiteArticles, News and more
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THE LAW SCHOOL ADMISSIONS PROCESS

2006-10-22T00:55:00.000-07:00

Author: Lisa Parmley

Individuals from all different career and college backgrounds make their way into law schools. The best method for preparing to become a lawyer is to gain a broad range of basic skills. There really is no set major for pre-law undergraduate work. From English to philosophy and science to art, people with all sorts of backgrounds are considered for entrance into law school. So since there is no set degree requirement, what are law school admission counselors looking for? Law school admissions counselors typically look for individuals with excellent analytical and problem solving skills. For those still getting their undergraduate degrees, it would be wise to seek out a pre-law advisor to help you select your coursework. In addition to analytical skills, law schools also look for individuals with excellent communication skills (both writing and oral communication). Critical reading and researching are also important skills to master and be able to prove.

While there is no specialized path for undergraduates seeking to become lawyers, it is important to maintain a high grade point average. Most graduate programs only accept students with a 3.0 GPA or higher and law school is not exception.

The higher your GPA, the better off you'll be (but rest assured that you can still go to law school without a 4.0 or even a 3.5 GPA). In addition to your GPA, extracurricular activities are also a plus. Any activities that show leadership or problem solving skills will only be a beneficial.

Selecting the right law schoolWhen you decide to seek admittance to law school (which can be during your senior year in college or after you've taken a break from college altogether), you will need to narrow down your options. Typically, the following factors play a large role in deciding where to attend law school; location, cost, areas of specialty, financial aid, and prestige of the institute.

You will also need to take into consideration your strengths and weaknesses. Since there are costs to apply to law school, you also need to factor in your background (i.e. your GPA, LSAT scores and letters of recommendations). Unfortunately, if you barely earned a 3.0, scored poorly on the LSAT, and lack the experiences that a law school admissions counselor would look favorably upon, then you probably don't want to only apply to top tier Ivy League schools. If you do, then you may find that you aren't accepted into any law school come the next school year.

LSATThe LSAT is the law school admissions test. All law schools approved by the ABA require LSAT scores for admissions. This exam does not cover any legal topics. Instead, it tests you on reading comprehension, analytical reasoning and logical reasoning. Law schools want to make sure you possess excellent analytical and problem solving skills and the LSAT sets out to do just that.

Scores for the LSAT range from 120 to 180 (with 180 being the highest). The average LSAT score falls around 150. The higher you can score on the LSAT; the better off you will be (although if you have strengths in other areas, you can still get into law school with a lower LSAT score).

AdmissionsWhile admissions requirements vary from law school program to law school program, it is common for the requirements to include the following; undergraduate GPA, LSAT scores, letters of recommendation and a personal statement.

You will need to provide official transcripts and LSAT scores to show your qualifications. Usually, you will submit these to the LSDAS (the law school data assembly service). The LSDAS streamlines admissions for most all law schools in the country. You will also need to submit your letters of recommendation and the personal statement to the LSDAS.

When selecting people to write a letter of recommendation for you consider asking those who know your abilities to solve problems and realize your potential to become a lawyer. College professors and employers are excellent choices.

The personal statement should essentially let the law school admissions counselor know why you want to be a lawyer and inform them of your qualifications. You would want to stress any qualifications that relate to becoming a lawyer. For example, work as an intern in a law firm would be important to showcase (as are countless other examples).

Tie in your experiences with your desire to go to law school. Be sure to write your essay concisely, keeping in mind grammatical rules. However, there is no reason to write in legalese. Just write naturally and personably.

Remember that law schools accept people from all sorts of backgrounds. If you have an interest in pursuing a law degree, then you should start pursuing it today.

Copyright © 2006 All Rights Reserved.Learn more about the LSAT from Testpedition.com; your source for online Test Prep information.
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THE REX FILES: YOUR DOG AND THE LAW

2006-10-22T00:48:00.000-07:00

Author: Emma Snow

Every year 5 million dog bite reports are filed. Over $1 billion are paid in losses. Reacting to complaints, city councils are passing ever more ordinances that affect dog ownership. Neighborhood, rental complexes, and home owners associations are including rules for regulating pets within their boundaries. Even insurance companies are putting in their two cents worth when it comes to our furry family members. While it's not always a top concern for many dog owners, it's definitely in your best interest to be aware of the legal implications of owning a pet. Considering that animal laws are not usually a result of state or federal battles (contrary to that portrayed in Legally Blonde 2), but rather the consequence of neighborhood squabbles turned complaints to local governments, it's the duty of a pet owner to be aware of possible nuisance factors and train your dog to be a good canine citizen, to prevent confrontation or the threat of litigation.

To start, you should become acquainted with the state and county laws as well as the pet-related ordinances in your city. These vary from location to location, and can often be found on the internet. These rules encompass such things as licensing and tagging your pet, leash laws, limits, vaccination requirements, breeding restrictions, and areas where no dogs may be allowed. While most governments have found it unconstitutional to ban specific breeds, you may want to check your home owner's insurance policy in case they charge a fine for more "aggressive" breeds such as pit bulls and rottweilers.

Keep in mind that just because there's not a law against something, it doesn't mean Rover couldn't get in trouble doing it. Good neighbor laws constitute practices that keep canines on the friendly side of the law. Gone are the days when you could let the dog out unsupervised to do its thing. Better to play it safe. After all, it is up to you to prove that you are a responsible owner, and that your dog is an asset to the neighborhood. Once you've given your neighbors cause to believe otherwise you may quickly find out how miserable your neighbors can make your life. First and foremost, know your dog. Know what agitates him, watch for aggressive behavior and NEVER encourage it by playing combative games. (The majority of dog bite victims are family members. Never "mean up" your dog to turn it into a watch dog!) On the contrary, properly socialize your dog, and let neighbors, especially their children, know what your dog will and will not tolerate. If your dog does bite-or even snap-talk to your vet right away. Dog bites are the most prevalent and expensive legal problem; take this warning seriously and keep your dog's nose out of the courtroom!

The second most publicized pet problem has to do with irresponsible dog breeders. I'm talking about those owners who start with a female dog, and for one reason or another they neglect having her spayed. Within months Ginger is pregnant. Litter after litter, puppies are born, and given away, left to roam the neighborhood, or dumped. Unless you are a professional breeder with champion-quality purebreds, there is no good reason to breed your pet. Don't fall prey to the notion that Pookie needs a litter to feel fulfilled, or that Shasta will be a wimp if he is neutered. Above all, forget the idea that the kids will learn the miracle of life if their pet has a litter. Good, responsible pet owners always sterilize their animals.

To further foster positive pet attitudes in your neighborhood, follow these general guidelines: never leave your pet outside unattended. Dogs left outside may bark, dig their way out of the yard, or menace passer-bys. Keep Baron confined when he's not on a leash. Always clean up after your pet, even in your own yard. A lawn dotted with dog feces raises eyebrows of even the most patient neighbor. Finally, attend obedience training for at least two sessions to teach Rex some manners. You may consider certifying Winnie with the Canine Good Citizen test when she is past six months old.

Being aware and proactive about the legal side of dog ownership pays off for everyone in the end: dogs, their owners, law-makers, as well as the general public. Remember, it is your responsibility to show that dog ownership is respectable and responsible.

Copyright (c) 2006 Emma Snow

Emma Snow an animal lover works in marketing for Dog Pound http://www.dog-pound.net/ and Horse Stall http://www.horse-stall.net/ leading portals for pet management.
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DISTRICT COURT FILES - WHY ONLINE ACCESS IS THE BEST THING THAT HAPPENED TO IT

2006-10-22T00:46:00.000-07:00

Author: Amit Mehta

District court files are documentation kept by the district courts, the general trial courts of the federal system in the United States. These documents may both be from civil or criminal case proceedings and encompass a broad range of topics. Keep in mind that these records are different in each district court since these are compliant with the laws of the state in which they take place.

All district court files detail the proceedings that take place in each district, which has at least one courthouse and will always have a bankruptcy court. People access these records for a number of reasons, whether they are part of the case that is being processed or would like to learn more information about a case that is ongoing or has occurred in the past.

Being able to establish a precedent based on information gathered from other district court files can be helpful in building your case, whether you are involved in the legal profession or conducting research on your own situation. If you need to confirm the verdict on a particular case such as proving ownership of a certain property or determining if a legal separation between spouses has been granted, district court documents are the best resource for you.

Many district courts now offer online inquiry systems for these documents. All you need is basic information regarding the case such as the name of the person involved and the case number. In some states, a case management system has been made available for these documents, particularly for those with pending cases that are constantly being updated and revised based on new information.

Aside from round the clock access to district court documents, you can even file proceedings via electronic means. Since the system is easy to use, anyone can read through court files through a standard Internet browser, doing away with the hassle of standing in long lines and waiting. If the records are available online, then you can download and print all the documents for your review and even be notified through email if there are changes in the case.

If there are multiple parties involved in the case, online access to these documents becomes especially important so that people from different locations can review and evaluate the cases at the same time. You even get to save on time and postage costs through online access to district court files without having to wait for the documents to be processed.

Since most of these websites are maintained by the county court or by the state, measures have been set in place to ensure that these remain secure. The format for district court files is in PDF, which cannot be modified or revised by just anyone. You can be certain that the information found is reliable and accurate since these are based on the actual documents kept and maintained by the government.

Want to Know the Top Sites to Find District Court Files? Read Dr. Amit Mehta's Unbiased Reviews ==> RecordsSiteReviews.com
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IDENTITY THEFT - THE FORMS OF IDENTITY THEFT

2006-10-22T00:44:00.000-07:00

Author: Frank Brammer

The main form of Identity Theft is credit theft. This is the most common and the one most people fear the most. Credit theft is only about 28% of identity theft. Bank fraud is 18%, phone and utility fraud is 19%, employment related fraud is 13%, Government documents & benefits fraud is 8% and medical fraud is growing. Bank fraud differs from credit fraud in several ways.

With credit theft, once the crime is discovered and the victim is identified then their accounts are quickly cleared up. It's primarily a paperwork issue. In the case of bank fraud, the victim can loss a lot of money and possibly never recover it. It largely depends on how the money was removed from the account and it some cases to where the money was moved. There are a lot of laws protecting bank account owners, but there are many scenarios where it is difficult to impossible to determine if a person was really robbed. For example, a wired transfer to a country where it's impossible to investigate banking fraud.

Utility fraud is relatively easy to commit. Think about how little it took for you to establish phone or electrical service at your home. If a persons identity is fraudulently used to obtain utility service, it isn't difficult to resolve the problem relative to the other forms of identity theft, but it can indicate a much greater problem. The same information that was used to fraudulently establish utility service can be used to obtain credit. After all, even criminals need to furnish their home with two years same as cash furniture that most honest people do. By the time the payments come do on this new furniture, the criminal is probably onto their next location and victims.

Employment fraud should be particularly concerning to most Americans. With the rise in illegal immigration and terrorism, many people are entering the US illegally and using other peoples identities to slip quietly into the system. Others are using other peoples credentials to get better jobs. There are people out their that gladly change their identity to someone with a PhD, MBA or other college degree to establish themselves in a great job. There was a recent news series on a school principle that falsified much of his credentials to get his job. He never would have been caught except for an unrelated crime brought him into the light and his lies were exposed. This kind of identity theft affects everyone. What if a pedophile faked credentials to get a teaching job?

Millions of dollars are illegally obtained from our government every year with fraudulent identities. There are dozens of stories every year where a criminal organization used the elderly to obtain Social Security or Medicare funds. How many of the most fragile members of society are compromised and harmed every year because the wrong person got a hold of their Social Security Number? How many government grants and loans have been approved to an impersonator? Think about all the Katrina victims that were re-victimized by other people stealing their identity and claiming their aid.

Medical identity theft is growing. It is becoming more and more frequent where a ill person is seeking medical treatment under another persons identity. Most scenarios seem to be related to a drug addict trying to obtain more prescription drugs, but other desperate individuals are discovering the technique. Imagine the medical identity of a healthy 30 something father is compromised by someone with AIDS. This father wants to get a large life insurance policy to protect his family. What kind of trouble is he going experience when he is denied? In some cases, the insuring company won't even tell the applicant why their being denied.

Criminal identity is growing too. Imagine a street level drug dealer learns that he can extend his criminal career by assuming someone else's identity. He is arrested. Gives another persons name and address when booked, then doesn't appear for their court date. Guess who the police will be looking for when serving that warrant? Yes, the problem will be cleared up eventually, but will that be after the victim of the identity theft is humiliated by the arrest process? What if they're arrested at work or at home in front of the kids? And now, every time a criminal background check is run on this victim they are going to have to explain how they were a victim; if they even get a chance.

Frank BrammerOwns or operates:Identity Theft KnowledgeArticles, News and BlogsInfoZiteArticles, News and more
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HOW TO FIND THE RIGHT DIVORCE LAWYER FOR YOU

2006-10-22T00:41:00.000-07:00

Author: Steve Dimeck

Finding the right divorce lawyer for your divorce is more than just blindly pointing your finger at the first family law advertisement you see in the yellow pages. If you have a lot to lose, common sense tells that it is necessary to pick a divorce lawyer who has experience and reputation of settling intricate cases that involve assets, property, custody, etc.

Selecting a divorce lawyer to handle your case can be one of the most important decisions when considering a divorce. The stress that divorce battles bring to parents can be truly remarkable. Your divorce lawyer will either add to your frustration or ease the pain. Here are a few tips to consider when looking for a divorce lawyer.

Fees - Lawyers charge a lot, don't they? Yes, they go to a very lengthy and a difficult schooling, which at the end is worth a lot. Many people try to hire divorce lawyers that charge less for their services. On the total opposite, some people with a sizeable income would hire expensive or renowned lawyers. The assumption here is that high-priced lawyers can do a better job representing your case. This claim has never been verified. For example, a costly lawyer may have few wins in court, whereas a somewhat new divorce lawyer may have an excellent winning track record. So, during your initial consultation with your prospective divorce lawyer it is vital that you have an open and an honest discussion about the fees and what you can expect. But, the fees need not to be the determining factor in the final decision of who would represent your case.

Experience and expertise - Experience is one very important factor in choosing your divorce lawyer. Additionally, it's necessary for that lawyer to practice primarily in the field of divorce law. In some cases, people will hire a lawyer who practices outside this field, thinking that any lawyer will do. An experienced divorce lawyer will know the tendencies of the various judges in your jurisdiction and will be able to use this knowledge to your advantage.

Testimonials - One of the best ways to determine which divorce lawyer would be good for your divorce is to learn what former clients have to say about a particular lawyer. Don't be afraid to ask around. If you do not know of anyone who has been a client of that particular divorce lawyer, at your initial appointment don't be shy to ask your prospective lawyer for a list of past clients. While client confidentiality is very important, any "good" and experienced divorce lawyer would not be hiding anything and would have at least a few satisfied former clients who would be willing to vouch for him or her.

Accessibility and the "Likeable" element - It is extremely important that your divorce lawyer is easily accessible and prompt in responding to your phone calls, emails, and requests. Or, you're going to get nothing but frustration. While you would care to ask for the lawyer's office policy, don't forget to ask the lawyer's past clients if that particular lawyer was responsible enough to maintain an easy system of communication. And last but not least, do YOU personally like that particular divorce attorney? Do you feel comfortable talking to that lawyer, and are you confident in his or her abilities? If the answer is anything other than a definite "yes," you need to keep looking. Your case is too important to entrust to someone who does not inspire your confidence. If you don't like that particular lawyer for some reason and don't feel comfortable talking to him or her, there might be other people (like the judges) that may not like that person for the same reason that you do, which may cause you to lose the case.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

This article was produced by Attorney Resources and Information website. Please visit http://lawyer.bestinfo4you.com/divorce-attorney.html if you need to find a divorce lawyer or if you need more information to help you with your attorney.
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TIPS ON CHOOSING A GOOD PERSONAL INJURY LAWYER

2006-10-22T00:39:00.000-07:00

Author: Steve Dimeck

There are probably over 10 pages and in some bigger cities maybe over 20 pages of personal injury attorney listings in any given phone book. So, how do you pick the right one for your case? Personal injury cases are a serious matter. They sometime involve big compensations. Victims of a personal injury will depend on their personal injury lawyer's ability to recover financial damages that will be needed to cover medical treatments, replace lost income, and hopefully compensate for the pain and suffering had the person been involved in a very serious injury including permanent disability and even death.

Remember, the insurance companies don't want to see you happy. They don't care for you. They are more concerned with paying a dividend to their shareholders than your well being. The insurance company lawyers will seek to pay you the least amount possible. Therefore, choosing a good personal injury lawyer with a good track record of successful negotiations is essential to getting the most out of your case.

Personal injury cases can include car accidents, product defects, physical injury at workplace, medical malpractice, to name just a few. In order to be certain that your personal injury case has validity in the eyes of the law, contact a legal professional in your town.

Here are a few tips to help you find a good personal injury lawyer.

Experience - Of course, a personal injury lawyer with a great deal of experience, and not just years of practice, but a track record of a favorable amount of successful negotiations would be a major benefit to your case. Most personal injury claims are settled out of court. But a personal injury lawyer with a good amount of settlements may win your case by threatening to take the case to trial. The defendants are often willing to pay out more money to the plaintiffs in order to avoid negative publicity, expensive trials, and even the possibility that the court may award the plaintiffs more money. If your personal injury lawyer has never won cases in court, the defendant in your lawsuit may not take the threat seriously.

Get a personal injury lawyer that will take your case on a contingency fee basis - This is a fee that is charged at the end of the case and only if your case is successful. This means that your lawyer doesn't get paid unless you get paid. Lawyers who primarily represent people in accidents usually charge a contingency fee. Your personal injury lawyer will take the fee out of the money you receive for your injuries. You can expect your lawyer to take somewhere around 30% of your final settlement. Thus, it is essential for you to clearly understand the payment structure before you sign the retainer agreement.

Face-to-face meeting with your prospective lawyer - Your personal injury lawyer is going to be your closest advisor. You must feel comfortable talking to him or her and feel that you can trust them. If you don't like that particular lawyer for some reason and don't feel comfortable talking to him or her, you need to keep looking.

Martindale-Hubbell rating - With a history spanning more than 133 years, the Martindale-Hubbell Legal Network has a database of over a million lawyers and law firms in 160 countries. This service evaluates lawyers based on peer reviews. You could find the Martindale-Hubbell Legal Network online if you just search for it in your favorite search engine.

And last but not least - never, never, ever give a recorded statement or talk on the phone (since the phone conversation could be recorded) to a representative of the defendant or the insurance company until you consult with your personal injury lawyer first. If asked for such, you could simply say: "I'm not prepared to provide any statements at this time." A recorded statement of yours could and will be used as evidence against you in the settlement negotiations and in the trial if you have overlooked any facts or you have missed some details while giving the statement.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

This article was produced by Attorney Resources and Information website. Please visit http://lawyer.bestinfo4you.com/personal-injury-attorney.html if you need to find personal injury lawyer or if you need more information to help you with your attorney.
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HOW TO CHOOSE A MESOTHELIOMA LAWYER

2006-10-22T00:37:00.000-07:00

Author: Steve Dimeck

Mesothelioma is a rare form of cancer, but the deadliest one of all. The victims of mesothelioma are innocent men and women who did not know that they were being poisoned with asbestos as they worked. The manufacturers and even distributors knew for decades that asbestos was hazardous, but they did not warn people of those hazards. As a result, you have the right of recovery against those manufacturers, which on the other hand can help pay the costs of treatment and provide compensation for your pain and suffering.

Although nothing can truly compensate for loss of health or life, mesothelioma lawyers are
devoted to getting you the compensation you deserve. If your life has been affected by mesothelioma directly or indirectly, then you may deserve compensation.

Filing a mesothelioma lawsuit is a long and tedious process. So, it is vital to your case that you find an experienced mesothelioma lawyer, and as soon as you have been diagnosed with the cancer. Most states have a time limit in which you can file your mesothelioma lawsuit. If you miss that deadline, you may find that you are not entitled to make a claim. Earlier you get to a mesothelioma lawyer, the better your chances of success. Here are a few important guidelines in finding a good mesothelioma lawyer.

Mesothelioma Law Firm

There's no such thing as a mesothelioma law firm because one law firm can deal with a variation of cases, but it is best to select a law firm or an attorney that has past experience of dealing with mesothelioma cases. They have already done the leg work and gained the knowledge and experience with mesothelioma. But, do not disregard any other law firm. A mesothelioma case is just like any other case that requires responsibility and discipline from the attorney to win your case. A law firm with a very good reputation can as well handle your mesothelioma case, if not better, even if they have never been exposed to a mesothelioma lawsuit.

Searching for a mesothelioma lawyer

You can begin your search on the Internet or in the yellow pages. However, your local or state bar association, and Martindale-Hubbell Law Directory (found in most public libraries) will give you narrower search and help you find your mesothelioma lawyer a whole lot faster. The Martindale-Hubbell Legal Network has a database of over a million lawyers and law firms in 160 countries. You could actually find the Martindale-Hubbell Legal Network online as well. Just search for it in your favorite search engine.

How do you select your mesothelioma lawyer?

The Oklahoma Bar Association has put out excellent guidelines regarding choosing an attorney. They state that "Selecting a lawyer is a personal matter. You must judge which particular attorney will be best for you. Before making a decision, however, you may want to contact several lawyers or law firms to gather some comparative information.

When choosing a lawyer, keep practical considerations in mind: the lawyer's area of expertise, prior experience and reputation, convenience of office location, amount of fees charged and the length of time a case may take. A lawyer's communication skills are another factor. Willingness and ability to talk to you in language you understand and responsiveness to your questions will influence how well informed you are about the progress of your case.

It is advisable that you select an attorney with whom you feel comfortable. These preferences may guide you in selecting someone with whom you feel most comfortable.

It is important that you trust the lawyer you hire -- and that you believe he or she will do the best job possible in protecting your legal rights. But keep in mind that most lawsuits and other legal work are not "sure things." You should be cautious of an attorney who guarantees results. No lawyer can be expected to win every case, and sometimes the best legal advice may not be exactly what you want to hear."

When do you seek a mesothelioma lawyer?

The timely process of selecting a mesothelioma lawyer and the proper filing of your mesothelioma lawsuit can make all the difference between a multi-million dollar compensation claim to secure the future of your family (once and if you are gone), and getting nothing at all for your pain, suffering, and loss of life. That means you need to seek a mesothelioma lawyer as soon as you or someone in your family has been diagnosed with this dangerous cancer.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

This article was produced by Attorney Resources and Information website. Please visit http://lawyer.bestinfo4you.com/mesothelioma-attorney.html if you need to find a mesothelioma lawyer or if you need more information to help you with your attorney.
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QUICK TIPS ON HOW TO FIND A LAWYER

2006-10-21T21:36:00.000-07:00

Author: Steve Dimeck

Almost everything we do is affected by laws. There are so many laws that it would take a person with an average reading skill over a thousand years just to read the law book. As if we have nothing else to do with our lives but read laws. So what do we do when a legal situation arises? Do we handle it ourselves or do we call a lawyer who's been trained in the legal field? For many people, the thought of calling a lawyer may be frightening. Sometimes they might not even know if they need a lawyer or how to even choose one, so they might avoid contacting a lawyer even when it is in their best interests to do so. However, do your homework before you hire a lawyer for yourself and your business. At the time when you are faced with serious legal or medical problems, you still need to make a good, informed decision about who will represent you. And it doesn't have to be as hard or as costly as you may think to find a good lawyer. Provided below are some quick tips that can take the stress out of finding a lawyer.

Can I represent myself?

You have the right to represent yourself. However, the law is extremely complex and changes frequently. Unless you dedicate a great deal of your time into educating yourself with all of the laws and legal procedures relevant to your case, you stand a good chance of losing. You may very easily overlook a legal aspect affecting your case that may sometimes bring unanticipated legal consequences that can be difficult and expensive to undo. So, you need to weigh the risks and benefits of representing yourself vs. hiring a lawyer to represent your case.

When do I contact a lawyer?

When faced with a problem that you think it needs legal attention, you may wish to consult with a lawyer about your legal rights and responsibilities as soon as possible. Many states have deadlines for filing lawsuits especially for personal injuries. These so called "statute of limitations" laws are designed to encourage people to promptly come forward and present their case. But this does not mean that you have to simply pick the first lawyer you bump into because you are in a hurry, as you will learn from these tips.

How do I choose the "right" lawyer for me?

From a personal aspect, selecting a lawyer is always a personal matter. But, as with any service providers, the lawyer is just providing his or her service to his or her client. So, the lawyer-client relationship needs to be based on trust and open and honest communication so the lawyer could provide the best of his or her service. It requires a mutual commitment from both the client and the lawyer. If the client is not cooperating fully, the lawyer could not provide the best of his or her service. At the same time, if the lawyer is not easily accessible and prompt in responding to your phone calls, emails, and requests, you are going to get nothing but frustration. Hence, when choosing the "right" lawyer for your case you need to feel 100 percent comfortable when talking to that lawyer and feel confident in his or her abilities. If there is even a single doubt, you need to keep looking. Your case is too important to entrust to someone who does not inspire your confidence.

From a professional aspect, people often believe that simply any lawyer could handle any case.

This misleading confidence frequently works to the client's disadvantage. No lawyer is skilled in every area of the law. So, to find the "right" lawyer for your case you need not to be shy about asking your prospective lawyer questions until you gain full confidence in his or her ability. Only then would you select that lawyer. Actually, while asking the questions, you would be able to observe the lawyer's responsiveness and readiness to cooperate with you. Some of the most important questions you need to ask your prospective lawyer when going through the selection process are:

- What amount of experience do you have in this area of the law? - the area of your legal need.- Will you or one of your associates handle my case? - if an associate handles your case, that is the person you need to interview.- How many cases like mine have you handled? - ask for specifics for each of the cases.- Could you provide me with references from some or each of the cases? - make sure you call each of the clients to learn about their experience.

A responsible and a caring lawyer would have no problems providing you with answers. If the lawyer is giving you runarounds for each of the questions and not providing you with specific answers, you need to keep looking. Also, always check with your State Bar Association if that lawyer has been the subject of an ethical complaint or inquiry.

Where do I find a lawyer?

No matter where you look for a lawyer, always keep in mind the above tip for choosing the right lawyer for you. Nevertheless, here are a few places to look for a lawyer:

- Yellow Pages and Advertisements - When you open your local yellow pages doesn't it seem like the doctors and the lawyers cover the half of the book with advertisements? It almost looks as if they are the only ones having the money for full blown ad pages. Speaking of ads, unless you have a marketing or sales knowledge and experience, you would never know how advertisements work. The advertisements are developed to psychologically trigger your emotional senses and make you respond to the call of action of the ad. It is a science on its own.

So, you as an average consumer would have no idea which advertisement is telling the truth and which has the truth blown out of proportion. But, this is a very good place to at least get some names and phone numbers from local lawyers and start your selection process.

- Your Society Circle - Your family, friends, people you work with, people you talk to, people you know of - start asking around. This is one of your most reliable sources. You will have a chance to get the first hand experience. Someone who has been in a same or a similar situation could tell you about their experience (good or bad) with their lawyer. If their experience has been nothing but good, you have a half of your work done. And even if no one in your society circle could refer you to a lawyer, they might know of someone else from their society circle who might have been in a similar situation. Some of the most reliable referrals come from people you trust - fellow business owners, friends and family - who have used lawyers recently. Word of mouth from a satisfied customer generally is very reliable.

- Bar Associations - This is another reliable source. Your local attorney bar association may maintain an attorney referral service, which is a list of their members by specialty who will consult with you for free or at a special rate set by the bar association for the first conference.

The Bar Association could also tell you if a lawyer has been a subject of an ethical complaint or inquiry from past clients.

- The Internet - Indeed the Internet. But, this is your least reliable source because everything could be put on the Internet. However, just like with advertisements, you could use the Internet to at least get you a list of local lawyers practicing in your problem area so you could start the selection process. On the Internet, search for lawyer directories, such as Martindale.com; lawyer referral services, such as LegalMatch.com; people and business finding services, such as Anywho.com; and simply your favorite search engine.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

This article was produced by Attorney Resources and Information website. Please visit http://lawyer.bestinfo4you.com/find-attorney.html if you need to find a lawyer or if you need more information to help you with your attorney.
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TIPS ON CHOOSING YOUR MESOTHELIOMA ATTORNEY

2006-10-21T21:34:00.000-07:00

Author: Melvin Ng

As with all sicknesses and injuries that were caused as a result of someone else's carelessness or recklessness, we want those responsible for asbestos sicknesses to be held responsible for their contributions to the current injuries and sufferings of those who have developed mesothelioma.

As a result there is an entire group of attorneys around the country who have dedicated the vast majority of their practice solely to litigation in regards to mesothelioma. These men and women have become known as mesothelioma attorneys as that is most of what they practice.

There are many people who highly recommend using these attorneys because of the specialized skills they have in presenting this very case. I actually urge caution. The success rate for these cases is not very high, especially when you consider those who actually were awarded enough money to actually cover the attorney fees charged.

There are a few benefits to using a mesothelioma attorney. Among those benefits are the facts that these attorneys know more about mesothelioma than many of the doctors who have diagnosed it. They have made this their life's work and have studied it inside out. They are fonts of knowledge and knowledge can be useful in court cases. Another benefit to these attorneys is that they often work on a contingency fee basis meaning that if you don't get paid they don't get paid. Be careful however that they don't have things arranged so that they get the larger portion of your settlement than you will actually receive or that you will run the risk of owing more than you are awarded.

The downside to these types of lawyers is that for the most part you are a case number to them and nothing more. Your suffering is not at all personal to them and they are unlikely to do more than pretend otherwise while trying to win your business. Once you've signed the dotted line agreeing to have them represent you it is very likely that you will be put to see in a dingy with no shore in sight and no one to help you navigate these often treacherous waters. Be sure that you have spoken to the attorney that you are considering hiring and that he or she is aware that he or she is working for you and that you expect them to honor that and be there for your every question.

Whether you choose to select a seasoned pro for your mesothelioma attorney or to go with someone who has less experience but makes you feel more valued as a client, be sure to watch every step of the way and ask any questions that you may have in regards to your case from the beginning. A legal case, particularly one of the size and scope of the mesothelioma suit can become the center of your existence for a while. Everyone in these cases is playing to win and the lawyers are the only ones laughing their way to the bank.

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THE IMMIGRATION ASYLUM & NATIONALITY ACT 2006 - SUMMARY OF CHANGES

2006-10-21T20:53:00.000-07:00

Author: Ian Mann

The Immigration Asylum & Nationality Act 2006 is the fifth major piece of legislation in the field of asylum and immigration since 1993.

Commencement

The Immigration Asylum & Nationality Act 2006 received Royal Assent on the 30th March 2006 and by virtue of a second commencement order, the main provisions took effect on 31 August 2006 by virtue of the Immigration, Asylum and Nationality Act 2006 (Commencement No.2) Order 2006.

Appeals

The first sections of the Act are concerned with appeals and impose new restrictions on the right to appeal against Home Office asylum or immigration decisions. The most significant is section 4 which limits the right of appeal against refusal of entry clearance to cases in which the application for entry clearance was made either for the purpose of entering as a dependant or a visitor - in both cases limited by reference to regulations made by the Home Secretary.

Significantly, there will no longer be a right of appeal against refusal of entry clearance as a student.

Section 1 inserts a new section 83A into the Immigration, Nationality and Asylum Act 2002 to introduce a new right of appeal for people who are no longer recognised as refugees but who are permitted to stay in the UK on some other basis. Section 2 amends section 82(2)(g) of the 2002 Act to provide a right of appeal against a decision to remove under section 10(1)(b) of the 1999 Act. This will give the person a separate right of appeal at each of the two decision stages; the first at the revocation stage and the second at the stage the decision to remove is taken. Section 3 amends section 84 of the 2002 Act. It provides that an appeal under the new section 83A may only be brought on the ground that removal would breach the United Kingdom's obligations under the Refugee Convention. Section 4 substitutes one provision for Sections 88A, 90 and 91 of the 2002 Act which limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination), with the exception of those listed in the categories. By section 6 a person may not appeal against refusal of leave to enter the United Kingdom unless: (1) on his arrival in the United Kingdom he had entry clearance and (2) the purpose of entry specified in the entry clearance is the same as that specified in his application for leave to enter.

Section 89 of the 2002 Act restricts rights of appeal against refusal of permission to enter at the port of both visitors and students who do not hold an entry clearance. This restriction limits the grounds of appeal to human rights and race discrimination. If the appeal is exercised in the UK it is restricted to asylum. A right of appeal remains in all cases on both human rights and race discrimination grounds.

Section 7 provides powers to hear only human rights aspects of national security appeal cases in country with the national security aspects of the case.

Employment

Section 15 imposes civil (and not criminal) penalties in the form of fines on employers of persons over the age of 16 subject to immigration control in defined circumstances. A person is subject to immigration control if he requires leave to enter or remain in the United Kingdom under the provisions of the Immigration Act 1971. The defined circumstances are that:

(1) the employee had no leave to enter or remain or

(2) his leave was invalid, had expired or otherwise prevented him from accepting employment.
Provision is made in Sections 16 and 17 for objections on the part of the employer to the imposition of a penalty and for appeal to a County Court against such an imposition.

By section 21, if the employer knowingly employs an over-16 subject to immigration control he commits an offence which is punishable (on indictment) to imprisonment for a term not exceeding two years or on summary conviction for a term not exceeding 12 months and/or in either case to a fine. If the employer employs an individual without permission to work allowing on the spot fines of up to £2000 per illegal worker.

Section 23 imposes an obligation on the Home Secretary to issue a Code of Practice specifying what employers should do to avoid:

(1) liability to civil penalties,

(2) the commission of offences under section 21 and

(3) discrimination which would be contrary to race relations legislation.

Information

Section 27 relates to provisions on detention and examination of passports and other documents produced by passengers or those found on them while being examined under Schedule 2. It also provides a new power to enable immigration officers to require passengers being examined under Schedule 2 to provide biometric information such as fingerprints for the purpose of ascertaining whether a passenger in question is the rightful holder of the passport or other document he produces. Section 29 imposes stricter time limits on people seeking asylum to attend for fingerprinting than on people in other categories.

Section 32 gives the police powers to require advance information about passengers and crew or freight of ships and aircraft arriving, expected to arrive, leaving or expected to leave the United Kingdom. Existing powers of the H.M. Revenue and Customs to obtain such information are by Section 33 is extended to ships and aircraft arriving or expected to arrive in the United Kingdom.

Section 54 broadens the exclusion clause in 1F(c) of the Refugee Convention. Provides that where the Secretary of State rejects an asylum claim wholly or partly on the basis of Article 1F, the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission (SIAC) must begin its deliberations on the asylum aspects of any appeal by considering whether or nor Article 1F applies and if it does it must dismiss the appeal in so far as it relies on the Refugee Convention.

Section 55 empowers the Home Secretary to issue a certificate declaring that the appellant is not entitled to the protection of Article 33.1 of the Convention because one or other of the exclusions applies. If such a certificate is issued, the Asylum and Immigration Tribunal is required by section 55 to begin its hearing of the appeal by considering the contents of the certificate. If the Tribunal agrees with the certificate then there will be no necessity to consider the evidence which the appellant would otherwise adduce in support of his asylum appeal. In other words the Tribunal is now able to dismiss an appeal on this preliminary point.

Provisions on citizenship

Section 40(2) of the British Nationality Act 1981 empowers the Home Secretary to deprive a person of British citizenship if he is satisfied that that person has done something prejudicial to the vital interests of the United Kingdom or a British overseas territory. Such an order may not be made if the person concerned is thereby rendered stateless. Section 56 of the 2006 Act amends the wording so that the Home Secretary must be satisfied that deprivation of citizenship is conducive to the public good Section 2 of the Immigration Act 1971 defines "right of abode in the United Kingdom" as extending to British citizens and to Commonwealth citizens who acquired that right before the commencement of the British Nationality Act 1981. By section 57 the Home Secretary is empowered to deprive a person of the right of abode if he thinks that it would be conducive to the public good for the person concerned to be excluded or removed from the United Kingdom.

Various provisions of the British Nationality Act 1981 deal with the registration of persons as British citizens or as British overseas territories citizens. Section 58(1) now precludes the registration as a citizen of any description of any person falling within the categories concerned unless the Home Secretary is satisfied that the person concerned is of good character.

Ian Mann is an employment and immigration barrister. He was called to the Bar in 2000. He specialises in employment disputes and public law matters involving immigration and other areas of judicial review.http://www.employment-barrister-uk.com/http://www.13kbw.co.uk/
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WHAT IF YOU HAVE PROBLEMS WITH YOUR ATTORNEY

2006-10-21T20:34:00.000-07:00

Author: Steve Dimeck

As soon as you feel dissatisfied with the way your lawyer handles your case, you need to act upon it right away. Don't wait for it to affect your case. Remember though, your lawyer may not know about your dissatisfaction. So, try not to be hostile, but call up a meeting with your lawyer and discuss your dissatisfaction. Tell the lawyer exactly what is bothering you and give him or her a chance to fix the problem. If you don't understand what your attorney is doing, ask for an explanation. Do not be afraid to ask "Why?" If the problem happens to be the result of a misunderstanding, perhaps the lawyer-client relationship can be preserved.

But, if you're having serious problems with how your attorney handles your case, and your discussion about it doesn't resolve the problems, think seriously about changing your attorney.

Or, you can file a complaint with your local bar association. However, you may want to wait acting against your lawyer until your case is completed or until you find another attorney. If your lawyer knows that you're trying to ditch him or her, or go against him or her with a disciplinary commission, your case may be jeopardized. It's simply a human nature. Just so you know that you do have the right to fire your attorney. Whether to do so or not, or whether to wait for it or not depends on a number of things.

Changing Lawyers In The Middle Of Your Case

It is you who is responsible for the consequences of your case and not your lawyer. So, if you are not happy with your lawyer's work, you need to change your lawyer. Than again, there are a few things that you need to consider when doing so.

If an important court date is coming up soon, such as a trial or a pretrial conference, changing lawyers at that stage will be very risky and difficult. As a practical matter you may not be able to change your attorney. Also, if your case is pending in court, the lawyer will need court permission to withdraw from your case. The judge handling your case may or may not permit your lawyer to withdraw from your case. But, if the judge does give you a permission to change your lawyer, that could leave you without a lawyer if you cannot find one willing to come into the case at the last minute. That's why it is very important that you act upon your dissatisfaction with your attorney right away before it has a significant affect on your case.

If you choose to have another attorney handle your case, your current attorney will have to withdraw, which he or she will upon your request. However, you still need to pay your first attorney the fees for his or her legal work. If you don't, he or she can file a collection action to recover costs and fees rendered for his or her services. And, you will also have to pay the new attorney for his or her time to review your case and if accepted for the time needed to get up to speed. If your attorney abandons or neglects your case for no good reason, your attorney may lose the right to compensation. Though, only the court can decided whether this is the case. But, if you do get another attorney, the first attorney must return the file to you, cooperate with your new attorney, and minimize possible harm to your case.

Attempt an Early Understanding With Your Attorney

What is it that you need to do to have a successful lawyer-client team and not get into any unneeded disputes that may result in you changing your lawyer in the middle of your case? The answer to this is simple and straightforward. Both you and your lawyer need to have the same goal. If you're expecting one thing from your legal matter and your lawyer defines a goal to get something else that may not be as desirable by you, you can for sure expect discrepancies.

That's why it is very important that you clearly communicate to your lawyer your desired outcome from your legal issue. Your lawyer will then assess the strengths and weaknesses of your case and tell you how realistic your wish is, and maybe map out another just as desirable goal. But the goal for the final outcome of your legal matter needs to be mutually agreed upon for a successful lawyer-client relationship. Through an affective communication practiced by both you and your lawyer, you'll be able to overcome every obstacle along the way.

In short, be prepared to send your lawyer into action, and arm him or her well with every detail you can gather. Understand how he or she operates and charges. Then sit back, be ready to respond to your lawyer's requests, and let your lawyer do his or her job.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article.

Thank you.

This article was produced by Attorney Resources and Information website. Please visit http://lawyer.bestinfo4you.com/file-a-complaint-against-a-lawyer.html to learn how and where you can file a complaing against a lawyer.
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