What Constitutes Legal Malpractice - 7 Guidelines
Friday, September 11, 2009, 11:22 AM - Law - USA
Legal malpractice is probably less well-known by most people than is another type of malpractice issue: medical malpractice. However, legal malpractice cases can be just as serious as are their medical counterparts. They have potentially far-reaching impact upon the lives of people who have been involved in a legal battle that ended unfavorably due to incompetency or intentional misrepresentation on behalf of the attorney(s) who represented them.
What constitutes legal malpractice and how do you determine whether you may have cause for a legitimate case?
Here are 7 guidelines for discerning whether you may have grounds for a case. Note, however, that it is essential that you consult with a licensed attorney to help you determine if there are grounds for a legitimate case in your particular situation:
Guideline 1: A legal malpractice cases is really a case within a case: Such cases must by definition come about after the close of another case whereby the would-be plaintiff has experienced an unfavorable decision - either a loss or an inadequate settlement. In this sense, a legal malpractice case is really a case within a case. If all of the qualifying conditions for are met, such a case may be brought against the attorney representing the client in the underlying (i.e., original) case. If the first attorney is found to have been negligent or misleading, he or she may be liable for damages to the original plaintiff.
Guideline 2: The concept rests upon the assumption that attorneys are obligated to act competently: Legal malpractice cases are built upon the premise that attorneys, when representing clients in legal cases, are expected to conduct themselves in a professional and competent manner. Like other professionals, attorneys are implicitly trusted by their clients to do everything reasonable within their power to act on behalf of their clients. The failure to do so, especially if a particular legal case ends in an unfavorable decision for the client, may represent grounds for a legitimate case. - See Legal Blog - Legal Information for the full article.
add comment Joint Tenancy - Joint Problems
Wednesday, September 9, 2009, 11:21 AM - Law - USA
When you go to open a bank account or take title to real estate, people often suggest joint tenancy as a simple solution which avoids probate.
What is joint tenancy?
Joint tenancy is the co-ownership of property during the lives of two or more joint tenants. Upon the death of one of the joint tenants, the remaining joint tenant(s) immediately succeed to the ownership of the property. If there is only one surviving joint tenant, he or she becomes the sole owner, thus avoiding the probate process.
What is tenancy-in-common?
Tenancy-in-common is also the co-ownership of property. However, unlike joint tenancy, upon the death of a one of the tenants in common, the other tenants in common do not succeed to the deceased tenant's interest.
What are the risks of joint tenancy?
Simply adding someone to title as a joint tenant in realty is a gift that could trigger a gift tax. More importantly, the creditors of the joint tenants can go after the property. Let's look at an example for illustration:
Mom adds son as a joint tenant on their vacation home. She trusts her son completely. However, her son has an accident which causes injuries. The injured party is able to collect against the son's half of the home. Mom who was home watching TV when the accident occurred has lost half her home's value.
The addition of a joint tenant may have other unintended consequences. When Mom added son to the title, she made a gift which may make her ineligible for Medicaid to pay for her nursing home care for a substantial period of time. - See Legal Blog - Legal Information - Estate Planning for the full article.
Child Custody Agreement and Taxes
Tuesday, September 8, 2009, 06:00 PM - Law - USA
A child custody agreement can have serious implications on your tax filing and your taxes overall. This issue should be addressed with your attorney or with your accountant while you are going through the process of negotiating or litigating child custody or a divorce agreement. Waiting until after you have finalized a child custody agreement to investigate the tax impact is not adviseable.
State law on child custody does not dictate who gets the tax deductions. If your child custody agreement is entirely silent on this issue, the parent with primary residential or sole custody will have all of the tax benefits available through the children. That party will be able to claim the children as deductions, and so forth. This can be a significant issue. There are parents who simply assume that if they are paying thousands of dollars per year in support, they will be able to take the children as deductions. Not so. This is incredibly important when you consider that all child support payments are not tax deductible to the payor and they are not taxable to the recipient parent.
Thus, when negotiating your child cusody agreement, you must address the issue of how custody will be structured and who will recieve the tax benefits. This negotiation should be a part of an overall financial scheme that encompasses a consideration of all issues, including child custody, child support, property, alimony, and tax impact. - See Legal Articles - Family law for the full article.
Patents 101 - The Basics Of Patent Applications
Tuesday, September 8, 2009, 05:54 PM - Law - USA
A patent is an official document given by a national government to an inventor (or business or corporation) who wishes to have sole rights over a product for a limited amount of time. Once the patent is granted, no one else has the right to make, sell, market, or profit from the
invention.
In the United States, the U.S. Patent and Trademark Office (USPTO) allows inventors and patent owners (including businesses and corporations) to protect their products and
identification from others. Information can be found at uspto.gov
Not just anything can be patented. In fact, obtaining a patent may prove difficult given the necessary paperwork, research and signatures needed. In order to obtain one, the
invention has to be brand new. This new invention has to also be useful, original, and not easily created. In the United States, these products might be machines, compositions or methods, and manufactured products. Ideas cannot be patented, nor can products that have been "improved" or which have "changed" in size. - See Legal Articles - Patents for the full article.
What You Need To Know About The Lemon Law
Tuesday, September 8, 2009, 05:49 PM - Law - USA
No. Lemon law is not something that you should be aware of when buying lemons.
Car consumers rights
Despite its name, Lemon Law actually refers to state laws that govern faulty vehicles. It offers consumers protection against defects in the car and gives them the right to demand for replacement or refund. A lemon, in fact, refers to a vehicle that has defects, diminishing its value, impairing its use and causing problems in safety. The Lemon Law recognizes the right of the consumers to rely on the dependability and safety of the vehicle that they have purchased.
Generally, if a car has been repaired several times for the same defect within the warranty period stated in the lemon law and it has not been fixed, it may be considered as a lemon. You should however go to an authorized dealer to have the repairs fixed.
The Lemon Law requires the manufacturer and not the dealer to deal with the problem. Consumers who plan to ask for refunds must report the case to the manufacturer in writing especially if it is written in the warranty materials or users manual. Remember also to keep all documentations involving repairs in case they are needed when you file your complaint.
Consumers are also given the right under the Lemon Law to choose a refund instead of a replacement. In addition, you can also get a refund for the expenses that you have incurred for repair, towing services and the use of a rental vehicle while your car is still in the service center. - See Legal Articles - Lemon Law for the full article.
What Kinds Of Telemarketings Calls Are Legal?
Saturday, September 5, 2009, 11:40 AM - Law - USA
Despite being a nuisance, not all telemarketing calls are illegal. In fact, most of the telemarketing calls you receive are probably perfectly legal and are not something you can legitimately complain about. Thus, just as it is important to know your rights as a telephone consumer, it is also your responsibility to know when a telemarketing company is within their rights to call you.
When are telemarketing calls legal? Telemarketing calls are legal if they follow the rules stipulated by the Telephone Consumer Protection Agency (TCPA). The following are some examples of when a telemarketer is permitted to phone you:
Between the hours of 8 and 9 - A telemarketer can call anytime between 8 am and 9 pm, unless you have requested to be placed on the telemarketing firms internal do not call list, or it has been 31 days after you registered your phone number with the National Do Not Call Registry.
Companies with whom you have an established business relationship (EBR) - Any company you have purchased a product or service from is an EBR company and is permitted to call you until you request to be placed on their do-not-call-list. - See Legal Blog - Legal Information - What Kinds Of Telemarketings Calls Are Legal? for the full article.
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