Friday, November 13, 2009

Identity Theft Awareness â Getting to Know This Crime

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Identity theft is on the rise. The starting point in the fight against identity theft is prevention. Major corporations are just starting to incorporate identity theft awareness into their overall security awareness programs to educate their employees, clients and vendors on the minimum security measures that must be and are expected to be taken. Like I always say, it is your information and only you can initiate the efforts and take the steps to protect them. Whether you are an individual concerned with the security and privacy of your own personal information or that of your family, or, a company concerned with the personal information of your clients and employees, you must have theft awareness and take the steps to educate yourself first, and then others who also handle your information. This could include your kids, your accountant, attorney, vendor, and a bunch of others.

Contrary to all beliefs, the information security and protection business is not an old profession. Information privacy is even in its infancy in my opinion. Take a look around; social security numbers are floating around every where from the doctor’s office to the internet like they’re piece of worthless junk, while the same social security numbers are heavily relied on to identify us. Businesses ask for our social security numbers, names, phone numbers, addresses, zip codes (interestingly enough, zip codes are used to validate our identity and ownership of the credit card we use at the gas pump), and other piece of information in public and expect us to respond back with the information while surrounded by other people.

Do we really believe that identity theft can be fought while we continue to treat and handle our personal and most valuable information in such manners? One of the information security principles is that, all information is not born equally. As a society, we need to determine what information is critical to us, and apply more stringent security measures to protect them.

If we rely on social security numbers as a main source of identity validation, then we must treat it differently than our home phone numbers. I have further described this philosophy in my identity protection system, KAOS™.

In a lot of the identity theft cases, the responsibility is shifted to the consumers for the time being. Besides a few laws that make identity theft a crime, or limit the credit card liability to $50 if discovered and reported timely, consumers are left in the dark. For one thing, they don’t know what piece of their personal information is really important and how to protect them; second, if they get hit with identity theft, they are on their own and at the mercy of the financial institutions to solve their problem, the same institutions that are not held responsible for luring consumers into buying their products or falsely handing money to thieves who claimed to be you. People are lured into getting a bunch of credit cards or other credit accounts, forced to reveal their personal information in public, or enticed to apply for multiple mortgages or Home Equity Line of Credits (or HELOC) and left alone when hit with identity theft because businesses who lured the consumers into sharing their personal information with them in the first place, did not tell them that there is an increased and proportional risk with the number of times they share their information with others, or won’t take responsibility when the crime occurs.

It all starts with identity theft awareness. Be aware of what’s at stake, what needs to be protected, why and how. Take responsibility in case no one else does. Educate your family and friends about the risks of identity theft. Inquire and monitor the security practices of those whom you share your information with. Businesses are forced to share their privacy policies with you. Read them carefully and don’t do business with those who do not make you comfortable with the way they intend to protect and share the information you entrust them with.

Be Identity Safe! Henry Bagdasarian

IPAM + IP Analytics Equals A Whole Solution

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More than two-thirds of a company’s asset value is represented by Intellectual Property (IP). As a result, companies often invest a lot of human and financial resources in an IP Asset Management (IPAM) system or process. Regardless of how sophisticated or basic the system, though, the effort to manage an IP Portfolio can be significant.

It is important to consider the fact that an IPAM is essentially a document management system. Such systems are very good at helping people implement workflows and processes. Depending on how sophisticated the system is it can notify the maintenance requirements, and help understand the existing IP investments broken down by classification and suggest who should do what next.

An IPAM can be implemented as a very sophisticated workflow and reporting tool-but what they can’t do is provide analytic data about the portfolio in the context of other companies and markets.

These systems range in complexity and sophistication from basic spreadsheets to expensive, enterprise-level patent software applications. Consider, for example, something as basic such as how to make the decision of whether to maintain a patent that is up for renewal. A sophisticated IPAM can send a renewal notification, but it can’t help to decide whether it’s a good idea to renew the patent.

For that reason many companies have a blanket business policy of maintaining all patents until they permanently expire-yet most companies have patents that are not asserted, are not commercialized and are not licensed. For a licensing professional, it is important to discover, assess and secure the best intellectual property avenues for maximizing business profits and return on investment through secure IP Licensing. In other words, the probability is very high that not all of the patents have significant business value, and yet they are often maintained to the tune of about $100,000 over their lifetime.

The best bet is to have a solid IPAM system and integrate it with an IP business analytics tool that can enable wise decision making. In the case of portfolio maintenance the integration of an IPAM system with a business analytics tool can be a tremendous advantage.

The licensing strategy can also be significantly more effective with an integrated management system. To enable this enhancement, the analytics tool should have collaboration features that allow your team to use it as a centralized repository. It’s not unusual for companies to have large research teams comprising scores of people and without a way to pull all the research in a single place, the research effort can often grind to a halt. Also, patent search can involve a myriad of activities intended to support the development and management of a company’s IP portfolio.

Once the licensing agreement is consummated by contract, IPAM can be used to maintain and track the agreement and any renewal schedules the contract covers. If the contract contains termination clauses, the analytics tool can enable you to make determinations about when or whether you should terminate the contract based on the terms of the agreement and changing market conditions.

It’s not really the case that an IP analytics business tool like Innography can take the place of an IPAM-it can’t. You will still need a way to track agreements, inventory, and to develop and execute workflows driven by a good intellectual property management system.

What is true, though, is that an IP business analytics tool can complement the management system, so that you can make sound decisions so as to tackle the discipline of holistically managing your portfolios.

A Lawyerâs Perspective on Short Sales

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For better or worse, short sales will be a common part of the real estate transactional landscape for the foreseeable future. It makes sense, then, to understand why they exist and how, exactly, they work. A short sale occurs when the value of a property is less than outstanding balance on the mortgage or mortgages affecting it and the mortgage holder(s) agree to accept less than the amount owed to them in order to facilitate the sale of the property.

Why would a mortgage lender agree to take less than the outstanding balance? For one reason, very often the homeowner is in default or foreclosure when the short sale takes place. Therefore, the lender’s only choices are to pursue the foreclosure or strike a deal to allow the property to be sold. Foreclosure is costly and time consuming, and the auction sale price often does not cover the mortgage debt anyway. Furthermore, if the lender cannot sell the property at auction, it ends up as another REO (”real estate owned” by the bank) and the lender must incur the cost of maintaining the property which is not a profitable enterprise. So it makes sense that the mortgage holder would consider reducing its payoff so that the property can be sold privately.

Should you find yourself involved in a short sale transaction, there are several things you must keep a lookout for. Here are the main ones.

First, remember that there are other choices for a distressed homeowner who wishes to remain in their home. Mortgage modification programs abound these days. Many are backed by the government (such as the HAMP programs) and others are private. So if the homeowner is considering a short sale only because they cannot afford their payment, be sure all other avenues are explored first.

If the sort sale does proceed, it must be understood that listing a property, or even entering into a contract with a buyer for a short sale, does not prevent the lender from foreclosing on the premises. Often, the lender or its counsel will give the homeowner ample opportunity to sell the home if there is a contract in place, but they are generally not obligated to do so. Thus, even if the lender knows that that a private sale is pending, they can proceed to sell the property at auction. In some cases, federally insured lenders must forgo foreclosure proceedings while a short sale is pending, but this is not a universal rule and should not be relied upon. Always insist upon written confirmation that the lender has temporarily stayed its foreclosure proceedings and be keep active communication with the lender’s attorneys.

In addition, it must be clear to all parties that it is strictly in the lender’s sole discretion whether or not to allow a short sale. Thus, any contract of sale must reflect the contingency that the sale is subject to the approval of the mortgage holder or holders. Buyers should be aware that the process may take much longer than a traditional transaction and should be guided accordingly when locking rates and making arrangements to sell any real estate of their own.

Even if the short sale is approved, the lender may pursue the homeowner for the difference between the amount they accept at closing and the balance owed to them. This difference is called a “deficiency” and a judgment can be entered against the homeowner for this amount. Thus it is crucial for the seller to negotiate this point with their lender in advance and to have a written agreement as to whether or not the lender will pursue a deficiency judgment.

And the pitfalls don’t end there. If the lender does not pursue the deficiency amount, that amount may be taxable income to the seller. Currently there are laws that relieve taxpayers from claiming such amounts as income, but these laws may expire or may not apply to a particular transaction short sale. It is important to discuss this potentiality with a tax professional.

There are also numerous rules about the structure of the short sale transaction that must be borne in mind.

First, the seller will not be entitled to keep any money from the short sale and there must be no “side deals” or other arrangements with the buyer that attempt to circumvent this rule. If you sense that there is something amiss, do not proceed.

Second, the short sale must be an “arms length transaction.” This means the buyer and seller may not be friends, family members or any other parties who have had a previous relationship.

Third, it is advisable to steer clear of sale and leaseback arrangements. Any transaction wherein the buyer is agreeing to rent the premises back to the seller and eventually reconvey the premises is suspect and should be avoided, as it may run afoul of New York’s Home Equity Theft Prevention Act.

Fourth, the short sale must be an as-is transaction, as the lender will not allow repair credits or the like to be part of the deal.

Although there is no uniformity to the short sale process, there are guidelines being promulgated that will provide similar treatment of for the short sale of all Fannie Mae/Freddie Mac loans as well as for all FHA/HUD loans.

As always, it is essential to seek legal counsel if you are considering the sale or purchase of real estate. Be sure to discuss all of these points with your legal advisor.

This article is intended for informational purposes only. Please discuss your particular situation with an attorney of your choosing.

Thursday, November 12, 2009

Identity Theft Alert

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The risk of identity (ID) theft has been with us for a long time. With our high-tech toys like computers, smart phones and bank machines, keeping your private, sensitive information, well, private, has become more complicated. In this article, we are going to review some dos and do nots, in the form of a handy checklist. Why not print out a few copies, and distribute them to your friends and family.

It is important that you make a bit of an effort to protect your data. Why? Because recovering from ID theft can be costly, time-consuming and frustrating. For example, there have been cases of ID theft which led to the home of the victim being sold right out from under him, without his knowledge or permission of course.

Read the following checklist carefully, but do not be discouraged or overwhelmed. All you need to do is be alert and vigilant, and you will be fine. OK, here we go:

1. Never give out any personal information unless you really have to. Some large stores ask for your phone number or zip code at the cash, for marketing purposes. Identity theft alert! Just say no.

2. There are three critical pieces of your information which you should never give to anyone except your bank, employer or government agency, and then only if you must. These are your date of birth, maiden name of your mother and your Social Security Number. Once a crook has this information, it is much easier to dig up almost anything about you.

3. Be careful in your choice of passwords online. Do not use your date of birth or Social Security Number (do not laugh; it has happened). Do not use the name of your child or pet, local landmark or college, favorite restaurant, any word in the dictionary, or anything related to you. Crooks use this info to break into your email and online bank accounts. This in fact happened to Sarah Palin.

4. Check your bank and credit card statements upon arrival. Report any discrepancies at once.

5. Check your credit report a couple of times a year, especially before making a large purchase such as a car or house.

6. Make sure all security programs on your computer are up to date, including Windows. You do have anti-virus, anti-spyware and firewall programs, right? If not, get them, pronto!

7. Avoid public computers and public wi-fi hot spots. Or at least do not visit sensitive sites such as your banking and shopping web sites from these places. Use strong encryption. Currently, that means WPA2.

8. Always practice safe surfing, and train your kids to do the same. Educate yourself about spam, phishing attacks, email attachments, etc. Do not copy and paste login information and passwords. The contents of your Clipboard can easily be seen.

9. Shred or burn any documents bearing your name, address, etc. before discarding them.

10. If you travel across international borders with a laptop or even a smart phone, be prepared to have the devices searched and all your files examined. You may have to reveal the decryption key to any encrypted documents. Make sure you have a current backup at the office.

11. Before logging into that bank machine or hotel computer, glance around to ensure no one is snooping on you.

12. There are many resources online to fight identity theft, and to help you recover from an attack. Check them out. Look especially for government sites, that is, web sites ending in .gov.

By now you can guess that it is much easier to protect your credit rating and reputation, than to spend months or even years repairing them after they have been hijacked. So print this list and paste it up on the wall beside your computer, where the whole family can see it. Reread it from time to time, to refresh your memory.

Conducting an Effective Voir Dire

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Voir dire is the one and only opportunity that you will have to communicate directly with the jury. You should use your time wisely. The jurors will have plenty of time during the trial to listen to you; use your time during voir dire to listen to them.

You should treat your time with the jury panel as an intelligence gathering session instead of a lecture session. In the name of judicial economy, courts have shortened the amount of time available to the point that it is almost impossible to do an adequate job.

For a judge in a DWI case, twenty minutes may seem to be way too much time to let the lawyers talk to the panelists. But for the defense attorney and the citizen accused it is nowhere near enough time to gather the information necessary to make intelligent decisions about how to exercise strikes.

All too often I see attorneys (on both sides) waste precious time building their cases and lecturing to jurors about the purpose of voir dire, the law and the burden of proof, instead of asking the panelists about their personal experiences, feelings and beliefs.

By now we should all be familiar with the “80/20 rule.” The “80/20 rule” states that in any activity, 80 percent of the output is produced by 20 percent of the input. The rule can be applied to almost any situation. In an organization, 80 percent of the work is performed by 20 percent of the people. In time management, 80 percent of your time is invested in 20 percent of your activities. In management, 80 percent of the problems are caused by 20 percent of the people.

This same rule can be applied to voir dire. If you pay attention to a jury panel you will see that about 20 percent of the jurors answer about 80 percent of the questions. To combat this you need to make certain that every panelist has the opportunity to speak. Never allow a panelist to make it through voir dire without answering any questions.

You should spend at least 80 percent of your time listening to the jurors and no more than 20 percent speaking. You know how you feel about your case; spend your time finding out how your prospective jurors feel about the issues.

One way to get everyone on the panel to participate is through the use of scaled questions. A scaled question is either a question or a statement you pose to the panel while asking them to give you a number within some range, 0 to 10, for instance. With a scaled question you get more than a yes-no answer. If you ask enough scaled questions during voir dire you can accumulate a lot of information in a relatively short period of time. In a twenty-minute voir dire, I try to pose three or four scaled questions to the panel. That way I know I’ve heard from everyone at least three to four times.

Scaled questions also give you an excellent tool for making your juror strikes. When you draft your scaled questions, write them in such a way that all favorable answers are either low or high. That way you can check at a glance to see whether or not that person might be a favorable juror.

Avoid yes-no or true-false questions at all costs during voir dire. You should always ask open-ended questions. If you ask a yes-no question, always follow it up by asking the juror why they feel the way they do. If the juror gives you an answer that you like you can always ask the next juror in line whether or not they feel the same way and why. If you get an answer you don’t like, be sure to thank the juror for their honesty and candor. You may not have liked what you heard, but at least you have identified an unfriendly juror.

When posing questions to the jury, try to personalize the questions. Don’t ask the panel an abstract question – put the juror, or a family member or friend, in the situation. If you want to personalize your client to the jury, you have to personalize your questions and hypotheticals.

You need to take control of the panel. Don’t allow a couple of jurors to dominate your time. When asking questions, pick the jurors whom you want to answer. I like to keep it simple and just go up and down the rows, that way I know I’ve spoken to every juror. If one or two jurors try to dominate, just let them know that you appreciate their participation but that you need to speak with everyone.

Don’t be afraid that your “ideal” juror is going to expose himself to the other side by answering questions. Chances are that if you’ve identified someone as an ideal juror for your side, the other side has done the same thing. If you find such a juror, use them to educate the rest of the panel on your issues. You will find that jurors are much more likely to be persuaded by a fellow juror than by you.

Finally, try to keep jargon, technical talk and “legalese” to a minimum. You want to have a conversation with the panel. Using terms of art during voir dire will only serve to drive a wedge between you and the jurors.

Your ability to listen and gather information during voir dire can be the difference between a one- and two-word verdict. More importantly, it can have a life-changing effect on your client.

Choosing Conveyancing Solicitors â Comparing Conveyancing Fees

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Finding a good quality, low cost conveyancing solicitor’s service for a house move or property sale or purchase can be a difficult undertaking. Often, when several quotes are obtained from different solicitors for the same house sale or purchase the items detailed as costs and fees can vary. How do you make any sense of it without getting ripped off or qualifying as a conveyancer yourself?

All legal costs incurred when buying or selling a property can be divided into two separate categories.

Charges paid to third parties are known as “disbursements” and do not form part of the solicitor’s legal fees or profit costs. It is important to note this distinction as in most cases the disbursements should be the same (or a very similar) amount for all the quotes you have obtained. Buying or selling a house is a process like any other and although variations in practice exist, fundamentally, all property transactions must follow a similar process. Where a particular quote includes substantially different disbursements this could be a cause for concern.

All solicitors are required under the professional rules to set out fees and disbursements separately. A solicitor setting out a fee as a disbursement could well be breaching those rules and in any event would probably not be someone you would want to do business with. To successfully compare quotes you will first need to find out which of the two kinds of fees the item shown on the quote falls into, fees or disbursements.

Fees for your solicitor’s time are the actual profit costs of the conveyancing solicitor, the amount you are actually being charged for their time and expertise. These often include administrative charges required for the successful completion of a sale or purchase transaction, such as bank transfer fees (sometimes called telegraphic transfer fees or similar) and identification searches. Such items fall into the fees category. Some may also charge separately for more general items such as postage, faxing and copying, file storage, contribution to professional indemnity amongst others. Once again these form part of the fees and should be added together to get the total cost likely to be incurred with a particular solicitor.

According to the BBC Website the average solicitors fees in England and Wales for dealing with the sale or purchase of a property tend to come in around the £550.00 mark, not including vat and exclusive of disbursements. How do your quotes compare?

You should also bear in mind that even when fixed fees are charged, no solicitor can ever promise that the final legal bill will not amount to more than the quote given at the outset of the transaction. Legal issues are rarely straight forward and it is always possible that matters could arise during the course of the transaction that could affect the final amount you will be required to pay.

It should also be noted that the cheapest quote does not necessarily represent the best value for money so make sure you shop around, obtain at least three quotes from different services providers and compare both the cost and the level of service before you commit yourself and go ahead and instruct conveyancing solicitors to act on your behalf.

Have You Been Subjected to Sexual Harassment in the Work Place? Need a Lawsuit Loan?

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This article has been prepared for those who’ve been subjected to sexual harassment in the workplace and are wondering how to stop such abuse. Significantly, approximately 80% of harassment is unintentional. Furthermore, this unintentional harassment is often terminated simply when the individual is notified that such behavior is inappropriate and unwelcome. One of the key questions that will be asked of you if you do seek a lawsuit loan is whether you notified the individual who engaged in such conduct inappropriate.

It commonly occurs that individuals who engage in such behavior actually had good intentions at the time the comments were directed to the individual offended. In many cases, these individuals actually believe that they were complimenting the individual to whom the comments were directed. However, it is the object of these statements perception that will determine whether harassment has occurred.

It is necessary to inform such individuals in a clear, firm tone that you find their conduct inappropriate. This is a first step in protecting yourself from such ongoing behavior. Additionally, in many instances, it is also appropriate to notify that individual how it is that you wish to be treated. Once you notify the individual of the manner in which you wish to be treated, that individual’s failure to adhere to your requests is often deemed an aggravating circumstance with respect to your claim, and is also a factor in considering whether you qualify for a lawsuit loan.

It is first necessary to determine whether your employer has a sexual harassment policy. If the employer does have such a policy, you’re encouraged to follow the steps identified in the policies/procedures related thereto. Failure to notify the employer via the mechanism provided may severely compromise your claim. Failure to notify the employer may also bar liability against that employer.

It is essential that you notify your employer of the offensive conduct, irrespective of how you feel about notifying the employer of same. The strength of your claim will be greatly diminished if you fail to do so. You’ll find you will be unable to obtain a lawsuit loan if you weaken your claim by failing to follow the procedures established.

Work-related harassment may also occur outside the office. Situations such as those taking place at work-related social gatherings, work-related functions, conferences attended on your employer’s behalf, workshops, and training sessions you attend during work-assignments, all constitute work-related situations, during which sexual harassment may occur, and for which your employer may have liability.

It is also important to realize that sexual harassment may occur in the course of work-related travel, and is also in violation of Title VII. Significantly, sexual harassment may also occur during employment-related responsibilities involving telephone calls and/or electronic media. In cases in which you’re able to retain an attorney to represent you in a sexual harassment case, you’re likely to be able to obtain a lawsuit loan to assist you with finances that arise during the course of litigation.

In part three, we will discuss tips that you may provide to those individuals engaging in the conduct you find offensive. We will also address key-strategies involved in both maximizing your claim and ensuring that you’re able to obtain a lawsuit loan to assist you during the course of litigation.

Massachusetts Breathalyzer Refusal Appeals

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The Breathalyzer Refusal License Suspension is a very important, but often overlooked, part of any Massachusetts DUI, OUI, DWI, or “drunk driving case,” where the person arrested has allegedly refused to submit to a chemical breath or blood test. Depending on the OUI defendant’s prior record, a breathalyzer refusal can result in a lifetime license suspension, with no ability to get a hardship license.

When counting prior offenses to calculate the length of a breathalyzer refusal suspension, under Melanie’s Law, the Registry uses a lifetime look-back period and can count offenses in any jurisdiction. Adult first offenders must serve a 180 day suspension, 2nd offenders are suspended for 3 years, 3rd offenders are suspended for 5 years, and 4th offenders, who refuse the breath test, are suspended for life. Given these high stakes, it usually makes sense to appeal your breathalyzer refusal suspension. This appeal must be filed within 15 days of the suspension and neither the Registry nor Massachusetts Courts will accept late appeals.

In order for a breathalyzer refusal suspension to be valid, the arresting police officer must establish that he or she had reasonable grounds to believe that you were committing the crime of OUI, that you were placed under arrest, and that you refused to submit to the breathalyzer test. Importantly, “refused” does not mean that you tried your best, but could not complete the test because of medical or other legitimate reasons.

Moreover, in order for a refusal suspension to be upheld, the refusal must be witnessed by someone other than the person refusing and the arresting officer. This means that another police officer must have observed the refusal and properly documented it in a police report, which must be signed under the penalties and pains of perjury. Additionally, the police report must properly explain the circumstances surrounding the refusal. In order for the breathalyzer refusal to be considered valid, you must have been specifically informed that your license would be suspended for at least 180 days up to lifetime.

It is not unheard of for Massachusetts police departments to use old refusal forms which contain inaccurate information regarding breathalyzer refusal penalties. If these outdated and inaccurate forms were used in your DUI case, and you properly appeal your suspension, you will automatically win. The burden is on the police to accurately advise you regarding the consequences of refusing the breathalyzer, so that you can make an informed choice.

Procedurally, breathalyzer refusal hearings are conducted at the Massachusetts Registry of Motor Vehicles in Boston. They are held on a walk-in basis and the hearing must be conducted within 15 days of the license suspension. Filing for a hearing involves completing the Registry’s Breathalyzer Refusal Appeal Form and submitting affidavits and any documentary evidence for the Registry or Court to consider. Depending on the case, a legal memorandum should also be submitted. Most of the time, the Registry “rubber stamps” the refusal suspension and the aggrieved driver must appeal to District Court, where a judge will review case. Many suspensions have been overturned at this level, because the police did not follow proper procedure or the refusal is otherwise legally infirm.

If you are facing a Massachusetts chemical test refusal, you should immediately contact a qualified attorney to discuss your case. You may be able to vacate the refusal entirely and save your license.

Hiring a Criminal Lawyer

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There are a number of situations in life when you have to decide whether to hire a lawyer. For instance, if you’re purchasing a house or having trouble paying your bills, hiring a lawyer may not be a necessity, but it’s a good idea nonetheless. However, if you’ve been charged with driving under the influence, assault, or some other crime, hiring a criminal lawyer is mandatory. You’ll want to make sure that your legal rights are protected throughout the entire judicial process.

But where do you begin, when you’re hoping to hire a qualified criminal lawyer? One of the best ways to find an effective attorney is to consult with your family and friends. There is nothing better than a personal recommendation, especially one that comes from someone who is close to you. However, there are times when it might be difficult to obtain a personal referral. In those situations, you might consider consulting the local bar association or an Internet site such as lawyers.com. The Internet, in fact, can provide a wealth of information about individual lawyers. For instance, you can find out about a lawyer’s level of expertise in criminal law, biographical information, whether the lawyer is in good standing with the bar, and other pertinent facts. In addition, online archives of your local newspaper might include articles about cases that a particular lawyer has tried. You’ll want to hire a lawyer with plenty of experience in the area of criminal law involved in your case, whether it be traffic offenses, drug crimes, or white collar crimes.

The next step is contacting the lawyer’s office. If an attorney cannot meet with you on short notice, don’t count the lawyer out. Effective lawyers are quite busy, so, if a lawyer is short on time, that may actually be a positive sign. Pay close attention to how your call is handled by the lawyer’s staff. The staff should be courteous and be willing to answer all of your questions.

You should be aware of the fact that criminal defense lawyers tend to charge by the hour. As an alternative, they may charge a flat fee up front. Generally speaking, rules of professional conduct bar a lawyer from charging a contingency fee for a criminal case. Since legal fees can vary, you might want to engage in some comparison shopping. However, be advised that the better lawyers tend to charge more for their services. Since your freedom and reputation are at stake, you should invest in the best lawyer you can afford.

Given the fact that criminal cases are often settled through plea agreements with a district attorney’s office, it can be important for a criminal lawyer to be on good terms with the D.A. Certainly, good relations between the two can only enhance your case. Therefore, you’ll want a lawyer who has fairly regular contact with the prosecuting attorney in the county in which your case resides. Also, it’s a good idea if you hire a lawyer who is affiliated with a group such as the National Association of Criminal Defense Lawyers. Such an association shows that your lawyer wants to keep abreast of new developments in the area of criminal law.

Prior to hiring a criminal lawyer, be sure to ask for references. You’ll want to know how clients view the attorney’s expertise. You should also obtain a copy of the law firm’s brochure, so you have a clear understanding of the outfit you’re dealing with. It is also vitally important that you obtain a copy of the lawyer’s retainer agreement so that you’re aware of any up-front costs involved in obtaining legal representation.

In the end, you’ll want to select a lawyer that you’re comfortable with, one that truly understands your case and can work well on your behalf. You’ll find that an effective criminal attorney is well worth his or her fee.

Wednesday, November 11, 2009

The Dangers of Spending by Credit

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It is not new to know that every American uses credit card today. Not only is it inconvenient to carry a great deal of cash in your bag but it is unsafe as you walk in any street, even in the land of the free. The metro style advances the use of credit cards, however, there are dangers that you must know in order to take caution now.

What can possibly happen?

You can become a victim of identity theft. It is an evil of credit cards that puts its owners in a vulnerable situation to be exploited until every cent is exhausted. People can be irresponsible in not paying debts on due dates, spending to the credit limit and incurring a terrible debt. However, identity theft can be a much difficult problem as it may ruin your financial future and your life.

This is the credit danger that you will never want to experience because it is a traitor. Once your information is in the wrong hands, anything can happen. And since you do not even know that fragile information has been hacked by another, a month or a whole year can be used to access financial gains, illegally.

You may be able to suspect a case of identity theft through the following set-ups:

  1. A change of information

    Look at the basic information that is in file with credit report bureaus. Is there a change of information like mailing address, that is why, you have not been receiving your bills?
  2. Extra transactions uncalled for

    Does your credit report include credit card transactions involving large money that you have not made? Are there credit applications such as loans which you are not liable for? These are clear manifestations of it.
  3. Getting strange calls and emails from lenders

    If the thief has not yet thought about changing your mailing address, then you may get calls, emails and post mails regarding activities that are initiated by the crook such as loans or the opening of new accounts.

The fact is, you can do as much possible in order to prevent identity theft to happen. If you are suspicious enough, you may get an identity theft check, have your credit history assessed and be in the know before it gets worst. There is only one free credit report every year, but once it is discovered, you may have it for free.

Every time you go out of the house, you need to be on guard. It can do much more than exhaust your money using your credit card. Your information is a key to limitless possibilities of danger when in the wrong hands. Tracing the thief and clearing your name from the damages done by another is more difficult than researching now and securing yourself from identity theft today.

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