Criminal Lawyer & Tully Rinckey Partner, Thomas J. Carr, discusses the US Supreme Court ruling in regards to honest services and how it could affect Joe Bruno.
http://www.youtube.com/watch?v=YbsG9Hi-pvs&hl=en
Showing posts with label Lawyer. Show all posts
Showing posts with label Lawyer. Show all posts
Monday, February 21, 2011
Tuesday, September 14, 2010
Should You Fight Your Child Custody Battle on Your Own Or Should You Hire a Lawyer?
If your ex is threatening to take your children from you, you are probably trying to decide whether or not you should fight your child custody battle on your own or if you should hire a lawyer. Here are a few tips for you that will help you decide whether you can successfully negotiate a child custody arrangement yourself and when it is time to find legal representation.
1. Will your ex try to get full custody of your children? If your ex is fairly reasonable and will work out custody arrangements that suit you both, then hiring a lawyer might not be necessary. But if you have a gut feeling that your ex will try to take your children from you and not give you any visitation, or that the negotiation will take a turn for the worst, a lawyer might be the way to go to ensure that you keep your parental rights.
2. Will your ex hire a lawyer to fight for custody of your children? If your ex has already hired a lawyer, it might be a good idea for you to hire one as well, if you want to keep your children. You do not want to be at a disadvantage when it comes to the courts, and a lawyer can help make sure all of your ducks are in a row when it comes to the custody hearing.
3. Can you do all of the proper research about making custody arrangements all on your own? If you feel confident that you can research everything you will need to know about child custody court hearings all on your own, then you might be able represent yourself in court. You can also check around your city for lawyers that offer child custody consultations and get some good tips and information about how what you will need to do at a child custody hearing so that you can research it yourself.
If you really want to negotiate a child custody arrangement without a lawyer, click here for something that will help.
Wednesday, August 11, 2010
Going Through Divorce Without a Lawyer Not a Good Idea
Going through divorce without a lawyer is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers. If your ex does not have a lawyer then you may be okay but if they do, you are definitely going to want to make sure that you get the best divorce lawyer.
If you need a divorce attorney to handle your case, remember that they are going to be able to help you deal with all the legal issues surrounding your divorce, issues that you would probably miss if you just tried to take on the case yourself. A divorce lawyer will be particularly important if you and your spouse have been married for several years and share property, savings, or other larger financial issues.
Finding a Lawyer
Now that you understand why you should not go through divorce without a lawyer, you will need to go through the process of actually finding a lawyer, and there are a few important factors to take into consideration here.
There are tons of divorce lawyers located all around the globe, but you will generally want to find one in your local area because you are going to need to be traveling back and forth from them, for meetings and to talk with them. Therefore you do not want it to be a huge inconvenience to you, as it would be if you had to drive for extended periods of time just to get to them.
As you can see, it is very important not to go through divorce without a lawyer. You may not be able to patch things up with your spouse, but to ensure that things are going to be fair, then you never want to go through divorce without an attorney. If you do decide to go through your divorce without an attorney, just make sure that you are educated and understand what you are getting into.
You are really going to need to be prepared going into this, and never want to head into court without a clue as to what you are doing.
Divorce can definitely be a tricky issue to deal with, but perhaps the most difficult of all is going through court and finding a way to untangle all the financial and sentimental items
Going through divorce without a lawyer [http://www.lawyers.jsgenterprises.com/3.2.divorce-lawyer-divorce-without-a-lawyer.html] is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers...View more articles at [http://www.lawyers.jsgenterprises.com]
Wednesday, May 12, 2010
If it Exists, There's a Lawyer For It
Choosing a lawyer to represent your specific case in court can be very intimidating. It's hard enough to decide what category of law your case falls into and if you're hiring the right kind of lawyer to present it. When you are looking for a lawyer to bring you to court, be sure to see if he has any types of cases that he specializes in, apart from the type of law he practices. Having an experienced lawyer with you while you make your case can often get you the results you're looking for.
Family disputes are categorized into two major types of law, family law and estate planning law. Family law focuses on the relationships associated with families, such as marriage, divorce, and children. A family lawyer would be hired to deal with divorce settlements, child custody and monetary support, as well as instances of domestic violence and other forms of abuse. Family lawyers are becoming increasingly necessary.
The other sort of family dispute deals with the transition of property outlined by wills left by a deceased family member. Estate planning law comes in when a family member dies and the time has come to distribute the total of his estate. An estate doesn't only include property and money, it deals with assigning legal guardians for minors, wills, trusts, and powers of appointment. When dealing with the transfer of assets from the deceased, disputes often arise. A lawyer specializing in trusts and estates will be called to interpret the will and distribute the property.
Corporate law is designed to protect or prosecute actions performed within the realm of a corporation's dealings. A corporation is an entity completely independent from the people who own it and keep it operating. They are treated sort of like human beings in that they can have crimes committed against them or be charged with a crime. Corporate attorneys specialize in the legal status of a corporations and are in charge of keeping an eye on the various transactions that corporations make throughout its lifetime. As a corporate specialist, a corporate attorney studies the legal rights and duties that are associated with corporations.
Civil litigators and constitutional lawyers make up two unique branches in law. A civil litigation attorney is charged with representing people who want compensation for an action or the carrying out of a specific action. In other words, litigators don't want criminal punishment, only remuneration for what was committed against them. A constitutional lawyer addresses situations that might not be made explicitly clear in the constitution. Constitutional lawyers can be described as lawyers for the gray areas of law, for they are in charge of interpreting certain constitutional generalities onto specific cases brought to court. This sort of law can often become very controversial, especially when dealing with two interpretations of the same constitutional statement.
The huge variety of specializations in the legal system provides the opportunity to decide which sort of Birmingham Michigan lawyer will best serve your needs in court. Birmingham MI attorneys exist to represent you in court, and by being armed with one that specializes in your case, you can make you successful in court.
Sunday, May 2, 2010
Rhode Island Divorce Strategy From Finding a RI Attorney to Filing for Divorce by a RI lawyer
The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.
It is important to ask the proposed lawyer about his or her experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer.
It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.
The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.
Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.
I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.
After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.
There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!
In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance. A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.
If no temporary orders enter then there is no legal obligation of a spouse to pay anything while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a court order.
If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The attorney will bring the emergency motion to the proper judge and ask for an ex parte order. Ex parte means that the other side is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order than it will be served on your spouse by the constable along with the divorce complaint.
These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the attorney the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.
The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.
If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds.
Please see part two to be finished later which describes the process from filing the complaint to the nominal divorce hearing.
David Slepkow is a Rhode Island divorce and family law lawyer concentrating in divorce, family law, child support, custody, visitation, personal injury, landlord tenant, litigation, criminal law and the general practice of law. David is a partner at Slepkow Slepkow & Associates,Inc. which was established in 1932 and is currently celebrating its 75th anniversary. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. David offers free initial consultations. Please goto our recently revised website http://www.slepkowlaw.com to obtain further information concerning Rhode Island law or to contact David Slepkow.
Monday, April 19, 2010
Spousal Maintenance | MN Divorce Lawyer
www.MNFamilyMatters.com Minnesota Divorce Lawyer M. Sue Wilson discusses the purpose of Spousal Maintenance, originally designed to create economic justice after a divorce particularly for a homemaker or stay at home mom. Attorneys at M. Sue Wilson Law Offices assist clients who have sacrificed as a result of their marriage to achieve economic fairness after a divorce. Minnesota Divorce Lawyer M. Sue Wilson also discusses the abuse and future of permanent spousal maintenance for couples divorcing in Minnesota. Responsive. Effective. High quality results. We care about your well being.
http://www.youtube.com/watch?v=QBrO0u6qm3M&hl=en
http://www.youtube.com/watch?v=QBrO0u6qm3M&hl=en
Thursday, January 7, 2010
LDS Church 2 Reporting Child Abuse & Concern over LDS Lawyer
It was a concern voiced by a former Utah Senator, that LDS Lawyers were representing FLDS interest. I was told to report this to the mainstream church. Where lowly saints who are LDS are told to shun and avoid the polygamist sects, high paid LDS attorneys are another story. The FLDS were a rich CASH cow, with a member of the churches GENERAL AUTHORITY representing the polygamous community for over 10 years. Its more sinister than what is revealed so far!
http://www.youtube.com/watch?v=hwx84pI_QK4&hl=en
http://www.youtube.com/watch?v=hwx84pI_QK4&hl=en
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