Realistic Loans Instant Cash Not Check For Your Credit

Get fast $ 800 wwwrealistic loans.com Baltimore Maryland within overnight Get $700 tonight fast wire transfer. You can also apply instant $ 900 christmas loanscom Jersey City, NJ low interest .
Payday cash loans are anything you should understand when you acquire one or not. There is a lot to take into consideration when you think about getting a pay day loan. Consequently, you will would like to broaden your understanding about the subject. Go through this post for more information.
Those of you thinking about a pay day loan must realize when the bank loan has to be repaid. Attention fees on such lending options are generally quite high, of course, if settlement is gradual, additional fees and expenses can accumulate.
Before you take out that pay day loan, make sure you have zero other choices accessible to you. Payday cash loans may cost you plenty in fees, so every other substitute may well be a better solution for your all round financial situation. Look to your friends, family as well as your bank and credit union to ascertain if there are actually any other possible options you may make.
A fantastic tip for people hunting to get a pay day loan, is always to avoid looking for multiple lending options right away. Not only will this help it become tougher that you can spend them all back again by the up coming paycheck, but others knows if you have applied for other lending options.
When you have requested a payday loan and possess not noticed rear from them but by having an acceptance, do not await an answer. A postpone in endorsement over the web age group normally suggests that they can not. This means you should be searching for another solution to your temporary economic crisis.
Before taking the plunge and choosing a payday advance, consider other places. The rates for payday cash loans are great and if you have far better alternatives, try out them initial. Find out if your family members will financial loan you the cash, or try out a traditional loan company. Online payday loans should certainly become a last resort.
There are several payday advance businesses that are honest on their consumers. Make time to look into the company you want to take a loan out with before you sign nearly anything. Several of these organizations do not possess your best fascination with imagination. You need to watch out for your self.
When you are developing a difficult experience figuring out if you should work with a pay day loan, contact a customer credit score counselor. These professionals usually work for no-income organizations that provide free of charge credit and financial help to consumers. These folks can assist you find the appropriate payday loan provider, or perhaps even help you rework your funds in order that you do not need the borrowed funds.
When you are applying for a cash advance on-line, make certain you get in touch with and speak with a broker before coming into any info in to the web site. A lot of scammers imagine to be payday loan firms to acquire your hard earned dollars, so you want to ensure that you can attain a real person.
Make certain you learn how, and when you may repay the loan even before you obtain it. Hold the financial loan repayment did the trick in your finances for your forthcoming pay time periods. Then you can certainly ensure you have to pay the amount of money back. If you fail to repay it, you will definately get caught up having to pay that loan extension fee, along with further curiosity.
Since loan providers have made it so easy to get a payday loan, lots of people use them while they are not inside a problems or crisis situation. This can lead to men and women to come to be cozy making payment on the high rates of interest and when a crisis develops, they can be inside a horrible position as they are already overextended.
In no way sign up for a payday advance on behalf of somebody else, no matter how close your relationship is that you simply have with this person. When someone is not able to be entitled to a pay day loan on their own, you should not have confidence in them adequate to put your credit on the line.
Consider each of the cash advance options before choosing a cash advance. While many loan companies need settlement in 14 days and nights, there are many creditors who now offer a thirty day phrase that may meet your requirements greater. Different payday advance creditors could also provide various pay back choices, so pick one that suits you.
Payday advance lenders have to be licensed. Every state has distinct loaning legal guidelines to get a authentic and authorized bank loan. The person you handle must be registered in the state you reside in.
This article has offered you with some basic principles on payday loans. Be sure to assess the information and facts and plainly comprehend it before you make any economic selections regarding a payday advance. These possibilities may help you, should they be used correctly, but they must be understood in order to avoid financial hardship.

Top Bankruptcy Law Firms Hiring the Perfect Attorney

The legal system has taken some negative hit due to the activities of some profit driven lawyers. It does not take away the fact that there are some other lawyers who have upheld the high standards in the industry. When you are seeking for an attorney who would help get you out of your financial rumble, you may want to search for top bankruptcy law firms. These attorneys will give you almost certainty that your financial case will be cleared. It’s very important to choose carefully who you are going to work with since you will be spending a lot of time with the person. The following guide will help you choose the right attorney when looking for top bankruptcy law firms for your case.

You should seek to know the specialty of the attorney. There are different cases of this nature from private to business, restructuring to liquidation. Know your own financial case and go out and find attorneys who are specializing in that case. Most of the attorneys have three different specialties. While some specialize in corporation, personal or small business, others will specialize in other kind of services. Though some firms engage in different services, some others focus on a particular area. There is no rule of thumb regarding the type of attorney to choose. There is nothing wrong in opting for a law firm that offers a wide range of services. However, if you feel it is best to go for a lawyer that specializes only in your particular case, then you can go for it.

Generally, the most experienced are the most reliable. During your search, look for the top bankruptcy law firms with a lot of experiences in handling similar case as yours. Another important criterion is to verify the cost of the service. While it is ideal to “shop around” to an extent, it can be difficult to have a fair comparison of their prices. However, you should begin your search on time and have an insight of their price ranges, knowing which services you can afford and how the service compensates for the price you are paying.

You may also want to verify if they do the work alone. Sometimes these firms contact their workload to a paralegal or an administrative assistant. This will not affect your service, especially since there is a lot of paperwork needed in your case. Plus it might even lead to a lower cost. So, it won’t be a bad thing to ask if the whole work will be done by your attorney or whether he will contract part of it to someone else.

To be candid, there are always some pros and cons associated with every lawyer, you can always take some step in order to make an informed and educated decision in looking for top bankruptcy law firms for your case.

How To Find The Top Tractor Trailer Accident Attorney

A tractor trailer accident attorney is the one hired by people who have been injured or lost a family member due to accidents involving big trucks or a truck with eighteen wheels or more. These trucks weigh over 10,000 pounds. You can imagine the havoc it will bring in case of accident.

Even the statistics will show you how great the damage this crash will leave behind. Severe injuries and worst, fatality is the common result of this tractor trailer accident. This devastating occurrence not only kills people, sometimes they even cause house wreckage along the way.

Why This Happened

The most common cause of truck accidents are fatigue, drunk driving or DUI, driver error, over speeding, defective breaks and unaligned tires, not secured loads and sometimes lack of appropriate inspection and maintenance. These all point out to the negligence of the truck owner or driver. A tractor trailer accident attorney is ready to serve you and represent your case.

Find Help Immediately

It is very important that you immediately lay your case with your attorney because several environmental factors such as wind, rain or snow cannot be controlled. It can ruin physical evidences that can help on the case process. It can erase wheel marks, debris from the accident, yaw marks, fluid stains from radiator, gas or oil and other factors that contribute a big deal in solving the case. So act fast. A tractor trailer accident attorney also assists in looking for a witness who can testify and help relay the details of the accident. He will also follow the investigation and find the one liable for the crime and ask for suitable damages.

What to Do If this Happens to You or to Someone You Care For?

When you get involved in a vehicle accident or a family member is killed by big trucks, you must look for a tractor trailer accident attorney. He or she will help you in your case. This attorney has a specialized knowledge with regards to federal law and regulations controlling the industry of trucks. They team up with investigators, engineers and accident reconstruction experts while following a trailer truck accident case.

you can find attorneys that offer free consultation and will only charge you after you are compensated for your damage or loss. They file the case against the owner or the company of the truck along with its driver depending on the result of the investigation. Most of the time, it is sufficient in amount whenever a case is concluded against them. Sometimes they are even punished by the law due to their neglect.

Imagining a Positive Outcome

After winning the case, your attorney will ensure you that you will get what you deserve. Only by then, you will feel justified. You cannot bring your dead loved one back or you may suffer from grave injuries yes, but at least, in the end you get the right verdict. And you can only achieve outstanding results by working hand in hand with an experienced tractor trailer accident attorney.

In an Accident – When Should You Call an Attorney?

You’re hurt in an accident, who should you call? Can you really get big money from your injuries, or is that just a dream? We all know that it isn’t as simple as that, but we all need to know what our rights are, or what the law is. How do you figure out who to call to see if you have a case or not?

First of all, to win a personal injury case against someone, you have to be able to prove both 1) that the other person was liable for their actions & 2) you have suffered damages from their actions & your injuries. You need to get some advice from a professional attorney if you feel that this is the case. But how do you find one? There are two great places to start. First go to Google and do some searches for Personal Injury Attorneys in your city. This will give you dozens of qualified lawyers to help you with your case. Second, you can go to lawyers.com. This is a great site that allows you to find attorneys in your specific city, and looking for the area you want. Plus you can do your research on them right away and check on their credentials from their website. See if they are advertising that they have won any money for their clients in the past. This should give you a great starting point to go from.

Car accidents are very common, and also the most common occurrence of a personal injury lawsuit. To win your case, you need to establish negligence on the other party. If you are in a fault state, proving the negligence comes by establishing that reasonable care was not displayed by the other driver. When you get in a car to drive, every driver has a responsibility to exercise reasonable care. If the other driver injures you as a result of driving recklessly or breaches their responsibility to exercise reasonable care, then you can sue them under the law. Some states have passed no-fault laws, so make sure that you consult with an attorney to see what the personal injury laws are in your state.

Negligence isn’t the only basis for personal injury claims. Strict Liability is important & a growing area of tort law. It means that if a product is defective, the designer or manufacturer is strictly liable for any injuries caused by that product. You don’t have to prove negligence here, but you do need to prove the products design or manufacturing process made the product dangerous when used the way it is supposed to.

Intentional wrongs are another basis for personal injury claims. But the filings of those cases are rarer. Examples of this are if someone hits you in the face, you might be able to win a lawsuit for battery. Or if you are suspected of shoplifting, and the store wrongfully detains you, you might be able to win a wrongful imprisonment lawsuit. Remember, this is civil damages not criminal charges.

You have to be able to prove that you suffered damages also. Did you lose any time at work? Did you suffer any physical injuries from the accident? Are the nature of your damages large, or did you suffer to a great extent? The law states that you can file suit for your pain and suffering. But just getting hurt does not automatically qualify you to collect a lot of money. You still need to prove this to a judge or jury in court, and the court will decide what your compensation is for your losses. Likely, it wont get to court & your attorneys will come to a settlement.

One thing to ask your attorney is what is the statute of limitations for this type of case? Your attorney will be able to let you know how long you have before it is too late to file a case in court. It can be as little as one year for an auto accident. Each state has different laws so be certain to find out so your case doesn’t get thrown out of court.

5 Steps to Hiring a Brain Injury Attorney

One of the most important decisions a traumatic brain injury survivor must make following an accident is choosing the right attorney. Finding the best attorney for your case can be a daunting task, especially for someone with a brain injury.

Choosing an attorney should not be taken lightly in Wisconsin, because the law here makes it extremely difficult to fire your personal injury attorney and find a new attorney to take over your case. The following 5 simple steps will help you find the right Brain Injury Attorney for your case.

1. Identify the Type of Case You Have

Start by identifying your particular accident. If you were injured in an automobile crash, then you need an attorney handling auto accident claims. If, on the other hand, you were injured in a semi-truck crash, then you need an attorney that has successfully handled tractor-trailer accidents in the past. The Internet is a great resource to gather general information about your particular accident and finding an attorney with experience handling such a case. For example, conduct a web search for “(your state) Car Accident Attorney,” “(your state) Truck Accident Attorney,” etc.

2. Research Your Specific Type of Injury and Your Symptoms

You should also conduct research on your specific type of injury and symptoms. For example, you could conduct a web search for “Mild Traumatic Brain Injury,” “Moderate Traumatic Brain Injury,” “Severe Traumatic Brain Injury,” “Post-Traumatic Headache,” “Dizziness,” etc.

3. Search for Names of Potential Attorneys

Once you have identified what type of case and the type of injury you have, and have done some preliminary internet research, you can begin searching for attorneys that have experience in accident cases that result in injuries to the brain. Again you should turn to the Internet. The Yellow Pages may also be of benefit, however, because there is a limited amount of information that can fit on one page it is usually an inadequate resource. Television is even less helpful, because of the time limit on the ads and the insistence of some personal injury attorneys to run generic catch-all commercials promising a big settlement on all types of case and injuries. Search the web for an attorney with experience handling your particular type of accident and your particular type of injury, including your symptoms.

Once you have your list of possible attorneys, you should read their particular websites closely. Check out the organizations to which they belong. They should belong to organizations that advocate for victims that have survived traumatic brain injuries. Also, look for past settlements and jury verdicts concerning traumatic brain injury.

4. Call and Request Written Material From the Attorney

It is critical that you choose the right attorney from the outset. You can simply call the first attorney you see on TV and set up an appointment. However, this is not recommended as it is hard for you to determine whether this attorney is truly experienced with traumatic brain injury based simply upon a TV advertisement. Instead, call and ask the potential attorney to send you information this attorney uses to develop and document his client’s traumatic brain injury symptoms. If you request written material before meeting with the attorney, then you cannot be pressured into signing something you may later regret. You will be able to first read the attorney’s educational materials and then decide on your own time whether this attorney is right for your case.

If you do call an attorney for written materials and instead of politely sending you some free educational information, they attempt to get you into their office or offer to send someone out to your house or hospital room, then beware. Brain injury victims are usually quite vulnerable following an accident and they should never feel pressured into signing anything, including an attorney’s fee agreement.

If the attorney or law firm does not offer informative, written materials, or if they are pressuring you to come in and sign a retainer, then they may not be reputable.

Keep in mind that the ethics rules prevent attorneys from directly contacting you in person, by telephone, or by email, unless you contact them first. If an attorney solicits you without your request, then you should immediately report them to the Office of Lawyer Regulation (877) 315-6941.

5. Schedule an In-Person Appointment with the Attorney and Ask Questions

Once you have done the necessary background research, it’s time to set up a face-to-face meeting with the attorney. Make a list of questions and bring the list with you to the appointment. If the attorney is competent and experienced with traumatic brain injury, he/she will likely appreciate your persistence and answer your question much more directly.

Here are some suggested questions to ask:

Will you be the one handling my case from start to finish? (If the answer is “no,” immediately request to meet with the attorney that will be handling your case from beginning to end).

What is the process for handling my case? What steps will you go through?

When will my case be ready to be resolved? (If the attorney promises a quick settlement, they may be telling you what they think you want to hear as opposed to the actual truth).

How many active cases are you personally handling at the present time?

Have you ever represented people with traumatic brain injuries before? What were some of the results?

How do you obtain most of your brain injury cases? (Referrals from attorneys, other professionals and former clients is the right answer).

Have you attended or presented at any brain injury conferences or seminars?

Do you belong to any trial lawyer brain injury organizations?

Are you a member of any national brain injury associations?

Are you a member of your state’s Brain Injury Association?

What is your AVVO ranking? (A rank of 9+ is excellent).

Attorneys that devote a majority of their practice to the representation of traumatic brain injury survivors will not be learning on the job during your case. They will not have to learn new medicine for your case.

Instead, you can be comfortable with an attorney experienced in the representation of brain injury victims knowing they have worked with some of the best experts in the fields of medicine for brain injuries and an experienced brain injury attorney will not be intimidated when faced with brain injury medical experts that have been retained by the insurance companies to say that you did not sustain a life-changing injury. As a result, experienced traumatic brain injury attorneys are usually in a much better position to obtain the appropriate amount of damages for their clients with traumatic brain injuries because they have a better idea as to the amount a jury may award for this specific kind of injury.

Attorney Negligence: Did It Cost You Your Case?

Attorney Negligence: Did It Cost You Your Case?

Statistics show that legal malpractice claims have become more frequent for the last three decades. There are several instances where a client loses confidence in the abilities of his lawyer because the latter made matters worse instead of providing a resolution to the problem. If you suffered damages due to your lawyer’s wrongful conduct, may it be due to his negligence or intentional act, you may consider the option of bringing a legal malpractice action. However, proving a legal malpractice claim could be challenging as it often involves extensive search for appropriate arguments and corroborating evidence. Despite the existence of actual damages, there are other factors that need to be examined to determine whether a claim of legal malpractice should be filed.

Damages

If the client can prove that the attorney’s negligence or wrongful act resulted in damages, such damages could be recovered by filing a legal malpractice lawsuit. However, there are cases where damages are not easily ascertainable. In such cases, the California Supreme Court held that recovery of damages could still be awarded even if the existence and the cause of such damages are difficult to determine. On the most part, however, damages that are based on speculation or mere threat of future harm are usually not awarded by California courts.

Clients are likely to be more successful with the recovery of so-called “direct” damages. These are damages that have been the direct result of an attorney’s negligence or misconduct. For instance, in a case where an attorney wrongfully advises his client to file for bankruptcy and sell his home for a lower price than its market value, the court is likely to award the client damages to the extent of what he lost from the sale. In another case, a California court awarded damages to a physician due to the loss of his good reputation and the increase in premiums for his medical malpractice insurance due to his attorney’s negligence.

If the client can show clear and convincing evidence that the attorney can be held liable for fraud, malice or oppression, even punitive damages may be recovered, see California Civil Code § 3294. However, client-plaintiffs who have been denied the award of compensatory damages will not be entitled to punitive damages. In general, it is more difficult to prove the existence of punitive damages as courts usually require specific facts to prove that the attorney acted with oppression, fraud or malice. In one rare case, the court of appeals awarded punitive damages due to an attorney’s “conscious disregard of plaintiff’s safety”. In that case, the attorney, who was also a physician, advised his client to postpone the surgery in order to strengthen their medical malpractice lawsuit even though he knew about the urgency of a surgery.

Furthermore, if the client-plaintiff lost his claim for punitive damages in the underlying action, it is very unlikely that courts will award him punitive damages in a legal malpractice lawsuit. The California Supreme Court held that such damages are based on speculation and plaintiffs should not be entitled to damages that cannot be proven with certainty. Otherwise, lawyers would be exposed to more risks of liability, resulting in an increase in the cost of malpractice insurance.

Attorney Negligence

In a legal malpractice action based on the attorney’s negligence, the courts will look into four factors. First, the client-plaintiff needs to show that the attorney-defendant has the obligation to apply the skill, prudence and diligence required from his profession. Second, there has to be proof that the attorney failed to fulfill the above mentioned duty. Third, the client-plaintiff also needs to show that the attorney’s breach of his duty resulted in the damages he suffered. Lastly, as mentioned above, the client-plaintiff needs to present evidence of the existence of such damages and not just mere speculation. According to the California Supreme Court, client-plaintiffs who are facing criminal charges need to prove their actual innocence before they can bring an action against their attorneys. This way, the clients who have been found guilty by a criminal court would not be allowed to go after their attorneys and recover civil damages. An exception to this rule is a malpractice action that is not based on the quality of legal services provided by the attorney. For instance, a fee dispute between the client and the attorney can still be pursued in court even if the client was charged by a criminal court because such a dispute merely involves the attorney’s billing practices.

Typical Cases of Malpractice

The most common basis of malpractice action is the failure of an attorney to adhere to the deadlines set by the Code of Civil Procedure as well as other statutory filing deadlines. As mentioned above, attorneys are expected to apply the required skill, prudence and diligence in providing legal services. The failure to file a lawsuit, initiate a proceeding or bring an action within the so-called statutes of limitation could constitute a strong claim for legal malpractice.

An attorney can also be held liable if the court in the underlying case issues a default judgment against his client due to his failure to file a pleading, see California Code of Civil Procedure § 585. Furthermore, if he fails to relieve his client from the default by filing a motion in a timely manner, namely within six months after the issuance of the default judgment, the client would have another ground to file a malpractice lawsuit against him assuming that the motion could have been successful.

It is also possible to hold an attorney liable for not raising viable defenses in a legal action. In such cases, however, the client-plaintiff needs to show that the defenses that were not asserted can be proven in court and would have led to a more favorable result. In one case, for instance, a California court denied the award of damages to the plaintiff because the attorney decided to leave out weak defenses.

In general, attorneys have an obligation to adhere to their clients’ preferences particularly with regard to legal decisions involving their substantive rights. The failure to follow these instructions can be a basis for a malpractice action. In one case, for instance, a California court held an attorney liable for his failure to file a complaint despite of his client’s specific instructions to do so.

However, courts have held that an attorney can make decisions without his client’s consent if authority has been given in an agreement. Decisions involving procedural matters are also instances where attorneys can act independently. California courts have not yet drawn the line as to how to differentiate procedural matters and legal decisions. Thus, establishing a legal malpractice action based on the failure to adhere to clients’ instructions could pose several challenges. On the other hand, courts have consistently held that attorneys are not obliged to follow instructions that can result in an illegal or unethical conduct. Furthermore, an attorney can reject a case if he determines in good faith that the case lacks merit.

Another frequent basis for a legal malpractice action involves settlements. According to the California Rules of Professional Conduct, an attorney needs to provide his client specific information pertaining to the settlement such as the amount, and the terms and conditions of the offer, see California Rules of Professional Conduct Rule 3-510. To be successful with a malpractice action, a client-plaintiff needs to prove three things. First, there has to be evidence showing the attorney’s failure to inform the client about the settlement (or parts of the settlement). Second, the client-plaintiff needs to attest that he would have accepted the settlement offer if he had known about it (or had sufficient information about it). Last, evidence should be presented that the client would have benefited more from the settlement than the actual outcome of the case. The amount of damages in such a case will be determined by the difference between the actual outcome of the case and what the client-plaintiff would have received from the settlement offer.

Statutes of Limitation

In general, clients can file a legal malpractice lawsuit one year after the discovery of circumstances that support the malpractice claim or four years after the attorney’s act of misconduct, whichever comes first, see California Code Civil Procedure § 340.6(a). There are, however, exceptions to this general rule that could prolong the periods of limitation, giving plaintiffs more time to file a lawsuit. For instance, periods where the plaintiff is physically unable to bring a legal malpractice action against his attorney will be considered as tolled. The same applies to cases where the attorney-defendant is still representing the client-plaintiff in the same case where the attorney’s misconduct is at issue. In such cases, the time limit for bringing a legal malpractice action could be exceeded.

Seeking Legal Advice

The success of a legal malpractice lawsuit will mainly depend on the evidence and arguments which will support the claim that the attorney has been negligent in representing his client. Even procedural matters such as determining the applicable deadline could pose some challenges as well. Thus, in cases that involve complex issues, consulting a lawyer who is experienced in legal malpractice cases is inevitable in order to prevent the occurrence of further damages to the client.

Sources:
California Code of Civil Procedure
California Rules of Professional Conduct

For further reading:
George Lindahl J.D., California Torts, 2012
Suzan Herskowitz Singer, Attorney Responsibilities & Client Rights, 2003
Robert W. Schachner Esq., How & When to Sue Your Lawyer, What You Need to Know, 2005

The author Steve Ball and the law office of Ball & Roberts serve clients throughout California from their office in Pasadena including Los Angeles, San Francisco, and San Diego as well as all of Los Angeles County, Ventura County, San Bernardino and Riverside Counties, Orange County, San Diego County, the Central Valley and the Bay Area. Please visit our website at

Assigning Power of Attorney (PoA) With Confidence

Incapacity planning, ensuring that there’s a strategy in place if you ever become incapable of managing your affairs, is important.

We all know that. Yet, it’s uncomfortable to think about and therefore easy to put off doing.

A key part of incapacity planning is assigning power of attorney (a legal document giving someone else the right to act on your behalf), but it’s also the biggest hurdle. Giving extra thought to who you choose, and what powers they’ll be granted, can give you the peace of mind to complete your plan with confidence.

Choosing your lawyer

Choosing someone you trust to assign power of attorney is essential. Acting as your attorney involves significant duties and obligations. Your attorney’s overarching duty is to act with honesty, integrity and in good faith for your benefit if you become incapable.

The law lays out specific obligations for the person chosen to hold your power of attorney. Among other things, they will:

explain their powers and duties to the incapable person
encourage the incapable person, to the best of their abilities, to participate in decisions concerning their property
foster regular personal contact between the incapable person and supportive family members and friends, and
keep account of all transactions involving the grantor’s property.
The attorney or attorneys you choose to act on your behalf should know these rules, and be aware of other rules set out in the act as well.

For instance, they’re expected to ensure you have a will and, if so, know its provisions. The main reason for this is that your attorney must not sell or transfer property that’s subject to a specific gift in the will, unless necessary.

The act also contains explicit instructions regarding both required and optional expenditures. Examples of the latter include charitable gifts where an incapable person made similar expenditures when capable and so long as sufficient assets are available. Your attorney should also be familiar with rules covering how or when he or she can resign, what compensation they may be entitled to and the standard of care expected of them.

Safeguarding your estate

You can also build a second opinion directly into your power of attorney documents by appointing more than one person. If you name two or more people, they’ll need to act unanimously unless the document states otherwise.

A joint appointment provides a level of protection in that any appointed attorneys must agree on all actions, while a “joint and several” appointment grants flexibility, allowing any one attorney to conduct business independently.

Many people choose to appoint the same people or trust companies to be both their power of attorneys and their executors. Although you don’t need to do so, the same list of key traits – expertise, availability, accountability and trustworthiness – apply to both roles.

It’s also possible to limit the powers granted to your attorney. If you’d like your attorney to act only for a specified time period (maybe a vacation or hospital stay) or in respect of a specific transaction (the closing of a real estate deal), a limited or specific power of attorney is worth considering.

In the case of a general continuing power of attorney, many people want the document to be used only if and when they become incapable of managing their affairs themselves.

Although the document is effective when signed, it is possible to include provisions in the document itself that defers it to a future date or the occurrence of a specified condition (for example, the grantor has a stroke). These are sometimes referred to as “springing” powers of attorney.

Whichever way you prepare your power of attorney documents, careful consideration of who you choose as well as availing yourself of available safeguards will help ensure your confidence in your incapacity plan.

Common Mistakes to Avoid

Making a quick decision: Many people name their PoAs without thinking about their choice’s financial capability, much less their ability to get along with other family members.
Assuming family is always the best choice: It’s far more important to choose someone who truly has your client’s best interests at heart.
Waiting too long: If there’s already a question of diminishing capacity, it’s likely too late to make a power of attorney ironclad.
Not reviewing it: Changing life circumstances and new provincial legislation can make an old PoA invalid.
Plan for Incapacity

Your estate plan doesn’t end with an up-to-date will. It should also anticipate possible future incapacity, which usually means preparing powers of attorney for both property and personal care.

Power of attorney, a legal document that gives someone else the right to act on your behalf, has two main types: one for management of property, another for personal care.

Will and estate planners generally advise preparing both types of powers of attorney. While they are often prepared at the same time as your will, they can be created at any time.

Personal care

With a power of attorney for personal care, you can authorize someone to make decisions concerning your personal care in the event that you become incapable of making them yourself.

You can give power of attorney for personal care if you’re at least 16 years old, have “the ability to understand whether the proposed attorney has a genuine concern” for your welfare, and can appreciate that the attorney may need to make decisions.

Personal care includes decisions concerning health care, nutrition, shelter, clothing, hygiene and safety.

Property

A continuing power of attorney for property authorizes someone to do anything regarding your property that you could do if capable, except make a will.

The law says you’re capable of giving a power of attorney for property if you’re at least 18 years of age, know what kind of property you have, along with its rough value, and are aware of any obligations owed to your dependants.

The term “continuing” (sometimes called “enduring”) refers to a power of attorney that may be exercised during the grantor’s subsequent incapacity to manage property. Ensure the document stipulates that you want the power of attorney to be used only if you become incapable.

What you need to know

A continuing power of attorney for property is a powerful document. Unless otherwise stated in the document, it’s effective when signed, granting considerable power.

In fact, the act explicitly requires you to acknowledge this authority can be misused. And, as part of the capacity test for granting a continuing power of attorney, you must also acknowledge the property you own may decline in value if not properly managed.

A financial institution, land titles office or other third party presented with a continuing power of attorney for property with the restriction “effective only in the event of the grantor’s incapacity” will want evidence of the incapacity.

That evidence could be hard to get. One solution is to set out terms of use in a separate document and have all original copies of the power of attorney held by a trusted third party. You could, for example, direct that document be released only if:

You tell the attorney you want him or her to start acting;
You are legally declared incapable of managing your property;
One or more doctors advise that you’d benefit from assistance in managing your affairs; or
Certain family members advise the attorney should begin acting.
No direction could be costly

If you fail to prepare power of attorney documents, it may take an application to court before someone can be appointed to make decisions for you. That can leave you scrambling when you’re in no physical shape do so. Having a will doesn’t help because an executor is only authorized to act after you die.

On top of that, court processes can be both costly and time-consuming. Depending on the circumstances, the Public Guardian and Trustee may have to get involved.

6 Key Questions to Ask Before You Hire a Forclosure Attorney

The 2008 financial crash put a lot of people out of work. It hurt business owners, emptied personal savings, destroyed American home values and lead to massive foreclosures.

What Many Homeowners Don’t Know

The crony network of big banks, financial institutions, government, politicians, the courts, and their corporately owned media have used propaganda, lies and spin doctors to convince Americans that naïve and greedy homeowners crashed the global credit markets in 2008.

They blamed the crash and current economic chaos on homeowners who bought too much house. Yes, some mortgagers made some people believe they could buy more home then they could afford. However, the blame here is often misleading.

Why? Obscene broker commissions were a big part of originating mortgages. Banks were on a tear to bundle, securitize, sell and re-sell mortgages. It lead to irregular mortgage practices.

The bigger truth has been revealed that there are no mortgages to back the mortgage-backed securities. Thus former treasury secretary Hank Paulson told taxpayers, “We must bail the banks out, or else everything will collapse.”

Iceland Let Their Banks Collapse

In fact, Iceland arrested the financial offenders and put in actual safeguards to restore the capital markets and consumer confidence. We in America got the toothless Dodd-Frank bill that makes it appear legislators are minding the store.

Banking and the financial industry needed major reforms. Instead, after the Wall Street financial crash our American banks actually got 38% BIGGER!

Too Big to Fail and Too Big to Jail

Today banks are bigger than before the economic crash and the Dodd-Frank bill does nothing significant to keep Wall Street from trashing the economy again.

Insanity is doing the same thing you’ve been doing but expecting a different result.

Fast forward and today, these quasi-patriotic cronies continue the lies and prop up the fraud on the taxpayer’s dime. They brazenly continue to cover up their partners’ crimes while still receiving a massive transfer of wealth from taxpayers without impunity.

Can You Name One Banker That Went to Jail?

By the way, in 2008 that 800 billion dollar bail out has turned into trillions out the back door of the Federal Reserve straight into bank coufers.

What few Americans realize is that crony capitalists who fleeced institutional investors out of $17+ Trillion, clouded the title on all the mortgages they originated and supposedly sold on the secondary market.

They stole our pension money, wiped out savings and now they’re still after your home. In fact, more than 4.9 million homeowners were foreclosed since the Wall Street crash and there’s more on the way.

American’s need help staying in their home. If the banks and servicers won’t deliver then where do homeowners turn for guidance through this financial maze of fraud and corruption?

Many are programmed to think, “Lawyer, that’s what I need to stand up for me, to sort out the fraud, to keep my family from being kicked into the streets.”

Are Lawyers Best Suited to Standup For Homeowners?

As Americans we’ve been conditioned to believe that the only people who can help us navigate, legal matters are lawmakers and attorneys. Fortunately, in the realm of foreclosure law, there are a few good ones.

However, when it comes to ferreting out truth or fraud in your foreclosure, few attorneys (Real Estate attorneys included) are equipped or have any desire to fight as hard as a regular educated homeowner.

It’s a fact that no one will ever care more about saving your home than you. If staying in your home is not all that important, then most attorneys will do. But buyers beware.

How Do You Choose the Right Lawyer in Foreclosure Matters?

I’ve personally talked with hundreds upon hundreds of homeowners all across America who routinely pay from $1,000 to $30,000+ in attorney’s fees plus monthly retainers and still loose their home. This is more common than you’d think.

I ask homeowners, “What was the attorneys strategy? Was it to help you buy time until you are evicted or actually stay in your home?”

Many homeowners had not thought the end game through. How often do we hire attorneys? There are no Consumer Reports on America’s best foreclosure strategies, fighting bank fraud or attorneys.

Most Americans are busy trying to make a living, caring for loved ones, keeping their heads above water and would rather avoid the legal realms. Who can blame them?

So, unless new information is introduced it makes perfect sense that many homeowners don’t know what to ask to hire an attorney or figure out what makes one effective over the next.

When it comes to defending your home, the following basic questions will get most homeowners started.

The following six questions came from an interview with Justin James. He is the founder of The Foreclosure Relief Network, a company dedicated to helping homeowners stand up for their legal rights.

The company with its network of private investigators, paralegals and law firm was developed to educate and arm the American consumer with the information necessary to protect families and property against the unlawful actions of banks.

Mr. James emphasizes that “Every homeowner who suspects mortgage fraud or are in foreclosure or about to be, needs to be educated.

They need to know upfront if an attorney will work on your behalf or instead see you as a tool to collect fees while they stall things off in court. By asking these basic but key questions, this is knowable.”

You want to interview an attorney just like you would choose a doctor, dentist, CPA or a contractor to work on your home. You want a good fit.

Write Your Questions Down

Mr. James suggests that before you phone or visit an attorney in person, have your questions written down and refer to them.

6 Key Questions to Ask Before You Hire an Attorney to Get a Modification or Defend Your Home Against Banks

Do you feel that the banks and their servicers commit mortgage security and/or foreclosure fraud? (Yes) Correct answer.
Do you believe that if a bank shows up with a piece of paper that alleges it’s the original Note-do you still believe there’s a chance of winning court? (Yes)
Are you willing to challenge the banks claim of ownership of the note, mortgage, chain of title, etc.? (Yes)
Are you willing to cross exam a witnesses? (Yes)
Will you challenge and call a robo-signer as a witness? (Yes)
Are you willing to be that attorney at the party that went up against the big bankers or challenged a court that seems to lean in favor of big banks? (Yes)
If you get so much as one “no” to the above questions then be aware, your situation may be at cross-purposes with this particular attorney.

To the few that are actually competent and not bluffing their way into your back pocket, these basic but telling questions are not difficult to answer.

Other than the details of your situation, each question does not require you as homeowner to expound any further. Either they know it or they don’t. Either they believe banks can do no wrong or believe in justice for homeowners.

When to Walk Away

Bottom line is that if the attorney interviewed is…

Not comfortable breaking down your chain of title if necessary
Does not believe the bank is ever wrong about a note or mortgage
Not willing to challenge the bank or the courts
Not willing to cross examine a witness…
Then why are you there? Why should they take your money? Don’t give them a dime Pack your bags and find another attorney or other expert to interview. Consider…

Who’s Paying Your Bill?

You are paying the attorney for a service. You wouldn’t go into a car dealership and say…

“I’ve got $400 a month to spend on a vehicle. Just give me whatever you got to drive.”

You’d be surprised how many people would accept poor treatment when it comes to attorneys. Why?

Because some homeowners are intimated and think, the lawyer knows more. That’s usually true about civil law matters. That’s when a good educated attorney makes sense.

But when it comes to foreclosure, commercial law and challenging the banks-think again. I would challenge you to think outside the box.

Defend Yourself? Really?

Others will say, “YES BUT you can’t defend yourself against fraud or a foreclosing bank. You must have an attorney.” Many homeowners felt that way in the beginning. However…

We now know plenty of average homeowners who’ve been educated and succeeded with the guidance of companies like The Foreclosure Relief Network.

But, what few homeowners at first realize is that attorneys are not traditionally schooled in banking and finance.

In fact, I’ve interviewed some well informed average homeowners who educate their attorneys.

You Deserve to Know What You are Getting for Your Time and Money

If your prospective attorney is the real deal, they will understand your need to interview. That’s why it’s important to know…

What does the attorney actually believe about banks and foreclosure?
Make them lay their cards on the table. Time is of essence.
You simply want to insure that you are investing your energy and money wisely into a winning strategy and NOT prolonging what many attorneys feel is an inevitable foreclosure.

It’s a little known fact that if you, as a homeowner are educated and have a complete and correct strategy then foreclosure is NOT always inevitable.

Follow The Money

If you hire an attorney that did not adequately answer these questions, then be advised you, your family and your home may be taken for a professional ride.

According to Mr. James extensive experience with homeowners, banks and courts across America, rare is the attorney who will answer your call, who will fight banks on behalf of your homeowner and constitutional rights.

Most attorneys will not intentionally do you harm because they genuinely believe what they believe. That banks can do no wrong is just part of their many years of education and training.

As important, attorneys take an oath to protect corporations. It’s what they do.

That said… put yourself in the attorney’s shoes for just a minute. They have a lot of competition. A title, though impressive is no guarantee of success. They are businessmen and women and for many economic times are tough like many homeowners.

Yes, attorneys enjoy a measure of prestige but that doesn’t pay the bills. Like you and I, they have to make a living or find a way to survive. Just make sure it’s not at your expense.

Who Has More Money? Influence?

A homeowner called Mr. James and was livid because he spent over $7,500 on an attorney who believed that his counsel had defected to the bank side.

Even with documented fraud (common today) as the centerpiece of his defense against the bank, this homeowner lost his home.

The homeowner asks, “Who’s got more money here? The Big American Bank or me as homeowner?”

Do you think you’ll ever see this homeowner’s story on the evening news? It’s not likely. Remember who owns and controls media, advertising and reporting.

Of course I don’t expect you to believe any of this. Check it out for yourself.

Bank Walks Away

Speaking of a good homeowner story, while working on this article one of Mr. James clients called about Quiet Title action which forces a bank to produce valid documents.

The banks have to prove they have ownership before they can foreclose. In today’s heavily securtized financial system that’s more and more difficult for banks to validate unless they manufacture documents from thin air. This is known as robo-signing and yes, it’s illegal.

Gary is out of the Midwest. He applied several times for a modification and then found himself in foreclosure. He suspected bank fraud. Gary began looking and found a young and hungry attorney out of law school.

The attorney had not yet adopted “a bank can do no wrong” attitude. However, the first hurdle was overcoming this attorney’s lack of knowledge on foreclosure fraud, banking and securitization, etc.

Remember few attorneys have this profound knowledge, seek it out or even believe it’s possible to help a homeowner to win. It’s not taught in law school.

To compensate, Gary began working with Mr. James to gain the education, knowledge, legal templates and strategies. This also saved him thousands of dollars in attorney’s research fees.

Gary reported that his homework paid off and the bank walked away. Finding a lawyer willing to listen was the exception in this case. However, keep in mind that…

The Courts Are Available to All Homeowners

Remember, you as an American citizen have constitutional rights.

An attorney is not the only way to stand your ground against bad behaving banks. In fact there are far more effective strategies homeowners can and do take every day.

The majority of homeowners do not realize that with the right kind of education they can in fact represent themselves in court. It’s referred to as Pro Se’, a petitioner or simply an American citizen. Often it’s an effective option. Here’s why.

The fact is that the courts cannot hold a regular homeowner to the same standard as they do lawyers. It turns out that with an effective strategy, presented properly, defending yourself against banks often leads to settlements.

Mr. James reports that he sees it everyday and as the courts become more educated, the tides are shifting in favor of homeowners.

Some homeowners combine the idea of Pro Se’ (without an attorney) along with private mortgage investigations to uncover irregularities that stop foreclosures.

Bottom Line-Trust Your Gut

Remind yourself that if your home is worth defending then no one will ever fight for your home like you can.

After interviewing the attorney, if you can’t say yes, then SAY NO FOR NOW.

Keep looking. If the attorney doesn’t feel right-move on. There are viable alternatives. Do your homework.

Finally, if you have a compelling enough why and are willing to do a little legwork, then there are resources that can help you to learn how to stay in your home and prevail even without an attorney.

For over 30 years Daron Powers has consulted for a variety of Fortune 500, mid and small sized companies. He is author of the book Sales in a Challenging Real Estate Market.

Associate Attorney Employment Agreement

Most law firms that are made up of more than one person are set up as a hierarchy with Partners at the top and varying levels of Associate Attorneys below them. Partners are generally the owners of the business and Associates are employees. The Associates are often given the opportunity to work their way up the ladder to become Partners and share in the profits of the firm instead of just receiving wages.

It is important to have a written agreement or contract between the Associates and the Firm that spells out everyone’s duties and obligations as well as the conditions under which they may advance. The following is a draft contract between an Associate and a law firm that can be customized to meet the needs of a law firm hiring an Associate Attorney.

This AGREEMENT made of this 21st day of March, 2011, between the Law Offices of at Smith, herein referred to as the “Firm” and Joe Blow, hereinafter referred to as the “Attorney.”

Recitals

The Firm is a Sole Proprietorship, operating as a business rendering legal services. If, during the term of this contract, the Firm changes to another form of business organization, this contract will continue to be binding on both the Firm, under it’s new formation, and on the Attorney.

The Attorney is licensed to practice law in the State of Texas.

The Firm and the Attorney desire to have the attorney practice law as an employee of the Firm.

It is agreed by and between the parties as follows:

Section 1. Employment and Duties.

Employment. The Firm employs the Attorney and the Attorney accepts employment as an attorney in accordance with the terms of this Agreement.

Full Time. The Attorney shall devote full working time and attention on the practice of the law for the Firm and the Attorney shall not, without the written consent of the Firm, directly or indirectly rendered services of a professional nature to or for any person or firm except as an employee of the Firm.

Duties and Assignments. The Firm shall determine the duties to be performed by the Attorney and the means and the manner by which those duties shall be performed. The Firm shall determine the assignment of the clients to the Attorney and the Attorney shall perform services for such clients assigned. The Firm determine the rates at which the Attorney’s work shall be billed.

Section 2. Compensation

Salary. For all services rendered by the Attorney under this Agreement, the Firm shall pay the Attorney and annual salary of $58,000, payable weekly or as may otherwise be mutually agreed. The salary may be changed by mutual agreement of the parties at any time.

Bonus. In the addition to the salary specified in 2.1., the Attorney may receive a bonus. The bonus, if any, will be in such amounts as the Firm may determine in its absolute discretion.

Additional Compensation. In addition to the salary and bonus specified in items 2.1 and 2.2, the Attorney will be eligible to receive a percentage of the Firm’s portion of Personal Injury cases. The Attorney will receive 10% of the Firm’s payment from a Personal Injury case, when the Attorney has performed as the primary attorney on that case. Additionally, the Attorney will receive 10% of the Firm’s payment from a Personal Injury case, when the Attorney personally brought the case to the Firm.

Section 3. Partnership. It is the policy of the Firm to employ as attorneys persons who will be given the opportunity to become partners in the Firm. The Firm after a certain number of years will make the determination as to whether the Attorney will be admitted to partnership. The Firm expects to make this determination with respect to this Attorney, no earlier than July 1, 2005, and no later than July 1, 2007.

Section 4. Facilities.

Office. The Firm shall furnish the Attorney with office space, staff assistance, and such other facilities and services as are reasonably necessary to the performance of the Attorney’s duties.

Liability Insurance. The Firm shall maintain professional liability insurance covering the acts and omissions of the Attorney in performance of the Attorney’s professional duties.

Travel. The Attorney may be required to travel on business for the Firm, and shall be reimbursed for all reasonable and necessary expenses incurred, provided, however, that a detailed account of such expense is provided to the Firm.

Professional Societies. The Firm shall pay the Attorney’s dues for memberships in The State Bar of Texas and the American Bar Association.

Education. The Firm shall pay the reasonable amount of expenses incurred by the Attorney to maintain or improve the Attorney’s professional skills. The Attorney agrees to submit to the Firm such documentation as may be necessary to substantiate such expenses

Section 5. Additional Benefits.

Medical Insurance. The Firm agrees to provide medical coverage for the Attorney, the Attorney’s spouse and dependents under a group accident and health insurance policy, the terms and benefits of which shall be determined by the Firm. The Attorney is currently covered under her spouse’s policy and does not require such coverage currently. That Attorney will notify the Firm at such time that she needs this benefit.

Vacation. The Attorney shall be entitled to three weeks vacation time each year however, the Attorney’s vacation will be scheduled at such time as will least interfere with the business of the Firm. The Attorney is further entitled to time off on all holidays normally celebrated in accordance with the Firms stated policy.

Life Insurance. The Firm may provide group life insurance coverage, in amounts which shall be determined by the Firm.

Retirement Plan. The Attorney shall participate in any Firm qualified retirement plan according to the terms of said plan as amended from time to time.

Disability. In the event the Attorney is unable to perform his or her regular duties as a result of personal disability the Firm will pay the Attorney’s salary during such disability for a total of ninety (90) days in any 24 month period.

Section 6. Operations.

Records and Files. All records, documents, and files concerning clients of the Firm shall belong to and remain the property of the Firm. On termination of employment, the Attorney shall not be entitled to keep or reproduce the Firms’ records, documents or files relation to any client unless the client shall specifically request that its files be transmitted to the Attorney.

Fees. All fees and compensation received or realized as a result of the rendition of professional legal services by the Attorney shall belong to and be paid to the Firm. Any fee or honoraria received by the Attorney for professional services or other professional activities performed by the Attorney shall belong to the Firm.

Section 7. Term.

One Year, Automatic Extension. The term of this Agreement shall begin on the date hereof and continue for a period of one year and shall be automatically extended from year to year unless terminated in accordance with this section.

Events of Termination. This Agreement shall be terminated upon the happening of any of the following events:

The death of the Attorney.

The determination of the Firm that the Attorney has become disabled.

Dismissal for cause of the Attorney as hereinafter provided.

Occurrence of the effective date of termination, notice of which has been given in by either party to the other, so long as there are at least sixty (60) days between giving of the notice and the effective date of termination.

The mutual written agreement of the Attorney and the Firm to termination.

Termination on Disability. The Firm may determine that the Attorney has become disabled for purposes of the Agreement in the event that the Attorney shall fail, because of illness or incapacity, to render for ninety (90) days or more in any two-year period, services of the character contemplated by the Agreement, and thereunder shall be deemed to have been terminated as of the end of the calendar month in which such determination was made.

Causes for Dismissal. The Firm may dismiss the Attorney for cause in the event it determines there has been continued neglect by the Attorney if his or her duties, or willful misconduct on the part of the Attorney, including buy not limited to a finding of probable cause by the Bar for investigation a complaint filed with its discipline system or the filing of criminal charges against the Attorney, which would make retention of the Attorney by the Firm prejudicial to the Firm’s best interest.

Section 8. Miscellaneous.

Notices. All notices under this Agreement shall be mailed to the parties hereto at the following respective addresses:

Attorney:____________

Firm: ____________

A change in the mailing address of any party may be effected by serving written notice of such change and of such new address upon the other party.

Invalidity. The invalidity or unenforcibility of any provision or provisions of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as id any invalid or unenforceable provisions were omitted.

Arbitration. All disputes, differences and controversies arising out of, under, or in connection with this Agreement shall be settled and finally determined by Arbitration under the then existing Rules of the American Arbitration Association.

The parties have executed this Agreement as of the date and year first above written.

By:____________________________________________________

Chris McHam is the lead attorney for McHam Law, a Round Rock, Texas based law firm focusing on family law, criminal defense, probate matters and civil litigation in Travis County, Williamson County, Hays County and Bell County