Archive for December, 2008

How Personal Injury Lawyers, Accidents and Injury Lawyer can help

Posted by Laura on December 18, 2008 at 7:29 pm

The fast life that we human beings are living in the present times is bound to throw up some negative repercussions. With millions of people around the world involved in various activities whether at home or at the workplace or even out on the roads traveling, accidents and injuries are bound to happen. Whenever such an incident happens, confrontation is most likely to take place. After all nobody would like to suffer because of somebody else’s carelessness. This is where accident and injuries lawyer come into the picture. An accident or an injury lawyer can help with the legal matters concerning the client’s case.

 

Generally such cases are handled either by filing a law suit in the civil court or by making a settlement outside the court without any court proceedings. When the matter is settled through the legal procedure the plaintiff can file the lawsuit against an individual, an organization, the government or any business. The accident and injuries lawyer can help explain the damages that can be claimed from the other party. Many a times such cases are settled outside the court where both the parties involved agree on a settlement and the issue is resolved. In such cases generally the agreement is in a written form.  The accident and injuries lawyer apprises the plaintiff about the kind of damages that can be claimed. They could be for medical bills, for loss of companionship, for mental and physical anguish, or for loss of earning capacity etc. An experienced accident and injuries lawyer would always make sure that the client is comprehensively compensated for the loss that he has suffered.

 

There are certain things that are to be kept in mind if one is involved in such a case. The lawsuit should be filed within a particular period or otherwise the victim might not be able to file a lawsuit again forever. However there are provisions for those cases wherein the victim realized that some damage has been done to him at a later time. These kinds of cases are generally seen in medical malpractices.

 

Consumers looking for legal help from a lawyer or a personal injury lawyer can post their cases at Lawyer Ahead and have personal injury lawyers contact you directly with their sound advice.


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Our Society needs Family Lawyers

Posted by Laura on December 17, 2008 at 7:44 pm

One of the oldest and the still surviving social orders among human beings is the unit called family. In fact in modern times majority of the human beings are living and thriving as an integral part of a family. Although not always but many a times a family gets plagued by various disputes and problems. And quite often they are not able to resolve it among themselves. A legal recourse is taken which necessitates the need for a family lawyer. A family lawyer can assist in various ways. Families exist in various forms and structure. Thus it becomes highly improbable to have one law that would be suitable enough to settle issues between the warring parties.

Generally the term family law entails all kinds of disputes that could arise within a family. It could be for a dispute between husbands, wives, children, grand parents or even couples involved in a living in relationship. The family law could also cover other matters related to marriage like, surrogacy, child abuse, adoption, or spousal abuse or even child abuse. In a way family laws are quite complex in structure.

If at all there is an issue regarding some domestic matter for which a legal recourse is required then a family lawyer could be of a great help. For instance if there is an issue of spousal abuse between a couple, then the victim can easily approach a family lawyer to assist her in legal matters. The family lawyer would assist the victim in getting the legal justice and making it sure that the accused is punished accordingly. Similarly, if there is a dispute regarding the property owned by a family, a family lawyer would assist the warring factions in resolving the dispute amicably.

The domestic issues concerning a family could be many. Thus a family lawyer would always be required to mediate and settle the issue.

Lawyer Ahead Inc. goes through the vetting process of all its lawyers including family lawyers and divorce lawyers to ensure all clients that post their cases at Lawyer Ahead get the best possible services available in the market today.


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Bankruptcy lawyers in Time of Need

Posted by Laura on December 16, 2008 at 6:23 pm

Bankruptcy is a dreaded word for any individual, company, an organization, or a business. It means that one is no longer able to pay the debts or even function in the normal fashion the way it used to before filing for bankruptcy. When a petition for bankruptcy is filed it means that the petitioner wants some kind of rehabilitation and if possible be allowed to run his business as before.

 

Bankruptcy laws are quite complex in nature and vary from country to country. There are various kinds of bankruptcies that could be filed for in a court of law. It could be a case of personal bankruptcy wherein the individual is without any source of income and is burdened with debts or has to make a payment of some kind to somebody. In such a case the person can file for a personal bankruptcy in the court. Similarly, any organization might find it impossible to pay back its debts to the creditors and thus declare for bankruptcy in order to get some lease of life. A bankruptcy lawyers are always helpful in all such cases. He is well versed with the intricacies of the bankruptcy law and can help the individual or the organization in dealing with the situation.

A bankruptcy lawyer would make sure that the individual or any business that has filed for bankruptcy does not undergoes any harsh treatment. He would go to any length to protect his client from any possible harassment from the creditors or any body to whom his client owes money.

Although not desired but if at all bankruptcy lawyers are required then lawyer ahead could be of great help.

 

Find a lawyer, Bankruptcy lawyer who have the top experiences to deal with your legal matter at Lawyer Ahead.


Trademarks, Trademark Law, Trademark lawyers in Canada

Posted by Laura on December 11, 2008 at 9:42 pm

A trademark is a word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify the source of origin of goods.  It distinguishes the goods or services offered by one enterprise from that of another enterprise.  A similar mark called as service mark is also used  A service mark is the same as a trademark only that it identifies and distinguishes the source of a service rather than goods. Apart from a word, name, symbol etc, we can also have non-conventional trade marks such as three- dimensional signs, shape and packaging of goods, a sound, smell and color as trade marks.  The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin.

 

 A Trademark should have two specific characteristics  

• It must be Distinctive: A trademark must distinctively describe the goods or the services it is intended to

• It should not be deceptive.  A trademark must not speak of anything which is not there in the goods or services it is being used for.

Many types of marks may not be registered. Some examples include words that are clearly descriptive (e.g. “tasty” burger), misleading terms, words that designate a place of origin (e.g. “Canadian” Chicken), and terms or symbols that are too similar to an existing trade-mark, and terms and symbols that are expressly prohibited under the Trade-marks Act.

Other types of marks that may not be registered in Canada include plant variety denominations and protected geographical indications (GIs) for wines and spirits like Champagne and Bourbon.

There is also a Canadian trademark database maintained by the Canadian Intellectual Property Office (CIPO). A trademark search can be carried out on this database to find out a particular trademark is infringing on someone else’s trademark. It can also be used to learn about the products and services of competitors.

Find a lawyer for your legal needs by posting your case details at Lawyer Ahead.  Talk to lawyers that respond to your legal needs and pick the lawyer you feel has the right experience for your unique legal needs.


Lawyers stand to reap the benefits of a GM investor lawsuit

Posted by Laura on December 11, 2008 at 9:34 pm

A lawsuit filed against the General Motors by its investors may get settled before the New Year.  Each stock owned by a shareholder will get about 25 cents per share shall the lawsuit hold.  Such agreement with GM and its shareholders would never have been reached in today’s present financial conditions of GM.  However, the deal was reached by lawyers with GM back in June.  They settlement is worth 303 million dollars and guess what, the lawyers representing this lawsuit could possibly see 60 million of the 303 million pie.  Not a bad deal for the lawyers.  Final hearing for this lawsuit is scheduled for December 22, 2008.


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Mark S. Dreier accused of White Collar Crime

Posted by Laura on December 9, 2008 at 9:16 pm

Mark S. Dreier, a successful lawyer out of New York has been arrested Sunday night upon his arrival from Canada. Mark S. Dreier owns a 250 strong law firm, well respected within his profession, and was a powerhouse in the litigation area. On Sunday however he was charged for over $100 million dollars worth of hedge fund fraud as Federal prosecutors laid charges against him for securities and wire fraud. In addition to Fraud charges, the SEC also filed a civil suit against him.

Mark s. Drier attended initial hearings for the charges on Monday but his lawyers declined to lay out the details of the hearings.

How it relates to us in Canada is that just last week Mark was here in Toronto on business and was involved in a meeting with Teachers Pension Fund team where he was charged with impersonation with intent. Talk about the scams that are going on our society !!


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Lease, Sub Lease, Rental Agreements, Real Estate Lawyers Canada

Posted by Laura on December 5, 2008 at 5:58 pm

There are two common tenancy agreements found in Canada: month-to-month or fixed term (lease). In month-to-month tenancies, the tenant can end the tenancy with one full calendar month’s notice whereas a lease locks them in for the full period set out in the paperwork. Many tenants like month-to-month agreements because of the rent increase protection, and because it is tough for a landlord to move out a tenant who doesn’t want to go. Many landlords like a lease because it gives them the security of steady income for a specified period of time, which can assist in obtaining a mortgage. Some landlords also like a fixed term agreement because they can get rid of an unwanted or troublesome tenant when the period ends, as against having to fight in arbitration and even pay the tenant compensation in some circumstances.

The tenant and the landlord both have legal rights. There are laws that protect a tenant from sudden rent increases or being forced to leave the rented accommodation. Discrimination on the basis of color, creed, sex, age or disability is not allowed by the Canadian Charter of Rights and Freedoms. Provincial landlord and tenant laws also protect against such discrimination. However, the tenant also has responsibilities. It is important to keep the house or apartment one is renting in the same condition as the tenant found it. The provincial Landlord and Tenant Regulations govern the relationship between landlord and tenant.

A rental agreement can be written, verbal or implied. Since the rental agreement is the most important part of a landlord and tenant relationship, it should be in writing. The advantage of a written agreement is that it outlines the terms and conditions agreed to by both parties. Once the landlord and tenant agree to the terms and conditions of their contract, it cannot be changed unless both parties agree.

Areas to look out for include:

Duration of agreement: Most rental periods or leases last for 12 months, during which time the landlord cannot increase the rent. It is also important to note the notice periods that either tenant or the landlord has to give in order to terminate the agreement.

Responsibility for household bills: Some utility services will be included in the rent (e.g. water), while in other cases the tenant might be responsible for paying (e.g. gas, electricity).

Forfeiture: If the tenant is deemed to be in breach of the agreement, he can be evicted from the rented accommodation.

Deposit: In most rental agreements in Canada, the landlord will ask for the first and last month’s rent to be paid in advance. This is actually done to collect the deposit that is used to cover any damages which may be caused, along with any outstanding debts that the tenant may owe at the end of tenancy. In some provinces, it is illegal for a landlord to ask for a security deposit or a damage deposit, and that the laws concerning the rental of an apartment can be different from province to province.

Pets: There is nothing in the Rental of Residential Property Act that prevents a landlord from refusing to rent to someone who has a pet. If the agreement has an additional term stating that the tenant cannot have a pet, the landlord may serve the tenant with a Notice of Termination for that reason.

Increase of rent if a new tenant moves in: A landlord cannot increase the rent just because a new tenant moves in. The Rental of Residential Property Act outlines the procedures a landlord must follow to increase the rent.

To find a real estate lawyer, or lawyers that are experienced in Real Estate Law, post your legal questions at Lawyer Ahead and have a lawyer contact you directly with their legal advice.


OJ Simpson Robbery sentence

Posted by Laura on December 5, 2008 at 3:02 pm

So the verdict is out. OJ Simpson has been jailed for 15 years on robbery and kidnapping charges.

Simpson’s lawyers and defense lawyers pleaded with the Judge that Simpson be released on bail pending appeal, which she turned down.

Simpson is eligible for parole after 5 years according to Judge Jacke Glass.

Simpson still maintained his position as he was innocent. He claimed that he knew nothing that he was committing any sort of crime. “I thought I was confronting friends and retrieving my property”


Business Law, Business Lawyers, Lawyers in Canada

Posted by Laura on December 4, 2008 at 9:49 pm

Canada’s system of government and its legal regime are quite similar to those in the United States. In Canada various regulatory matters will have to be taken into account while starting a business.

Business Structure

The business structure can be a sole proprietorship, partnership, incorporation or a not for profit organization. For setting any of these business structures the rules and regulation of the state where the business will be set up has to be understood and followed by the business.

From a legal point of view, there are three common types of businesses: sole proprietorship, partnership and corporation. Each has different and important implications for liability, taxation and succession which have been specified below:

Advantages and Disadvantages of Proprietorship

This is the simplest way to set up a business. A sole proprietor is fully responsible for all debts and obligations related to his or her business. A creditor with a claim against a sole proprietor would normally have a right against all of his or her assets, whether business or personal. This is known as unlimited liability.

In a proprietorship, one person performs all the functions required for the successful operation of the business. The proprietor secures the capital, establishes and operates the business, assumes all risks, accepts all profits and losses, and pays all taxes. The proprietor is said to be self-employed.

Advantages

• Low start-up costs

• Greatest freedom from regulation

• Owner in direct control of decision making

• Minimal working capital required

• Tax advantages to owner

• All profits to owner

Disadvantages

Unlimited liability
Lack of continuity in business organization in absence of owner

Difficulty in raising capital

Advantages and Disadvantages of Partnership

A partnership is an agreement in which two or more persons combine their resources in a business with a view to making a profit. In order to establish the terms of the partnership and to protect partners in the event of a disagreement or dissolution of a partnership, a partnership agreement should be drawn up. Standard form partnership agreements can also be purchased for about $5.00 at stationary stores. Partners share in the profits according to the terms of the agreement.

In a General Partnership, two or more owners share the management of a business, and each is personally liable for all the debts and obligations of the business. This means that each partner is responsible for, and must assume the consequences of, the actions of the other partner(s).

A second type of partnership is a Limited Partnership which involves limited partners who combine only capital. They are not involved in managing the business and cannot be liable for more than the amount of capital they have contributed. This is known as limited liability.

A limited partnership also involves general partners, who are involved in management. They are fully liable for the debts and obligations of the business, but may be entitled to a greater share of the profits.

Advantages

• Ease of formation

• Low start-up costs

• Additional sources of investment capital

• Possible tax advantages

• Limited regulation

• Broader management base

Disadvantages

• Unlimited liability

• Divided authority

• Difficulty in raising additional capital

• Hard to find suitable partners

• Possible development of conflict between partners

• Partners can legally bind each other without prior approval

• Lack of continuity

Advantages and Disadvantages of Incorporating

A corporation, also known as a Limited Company, is a legal entity which is separate and distinct from its members (shareholders). Each shareholder has limited liability. A creditor with a claim against the assets of the company would normally have no rights against its shareholders, although in certain circumstances shareholders may be held liable. This type of business can be incorporated at either the federal or provincial level.
Ownership interests in a corporation are usually easily changed. Shares may be transferred without affecting the corporations existence or continued operation.

The following characteristics distinguish it from a partnership or proprietorship:

Limited liability - normally no member can be held personally liable for the debts, obligations or acts of the corporation beyond the amount of share capital the members has subscribed; and

Perpetual succession - because the corporation is a separate legal entity, its existence does not depend on the continued membership of any of its members.

Advantages

• Limited liability

• Possible tax advantage (if you qualify for a small business tax

rate)

• Specialized management

• Ownership is transferable

• Continuous existence

• Separate legal entity

• Easier to raise capital

Disadvantages

• Closely regulated

• Most expensive form to organize

• Charter restrictions

• Extensive record keeping necessary

• Double taxation of dividends

• Shareholders may be held legally responsible in certain

circumstances

• Personal guarantees undermine limited liability advantage

The following legal aspects should be taken care of by all types of business entities:

Employment law

The contract of employment is important in individual employment relationship in Canada. An employer that wishes to define with certainty the terms of employment should enter into written contracts of employment with its employees. In Canada, employments laws relating to unionized workplaces are differentiated from those relating to particular individuals.

Antitrust Law

The Canadian equivalent of the American Anti-trust Legislation is the Competition Act. The Act grants broad power to the Competition Tribunal to prevent an unfair abuse of power by a competitor in a dominant position.

Environmental Protection

Environmental protection is the joint responsibility of Federal and Provincial levels of government. Federal Legislation regulates the import/export manufacturing use in Canada of prescribed substances as well as prescribing obligations in the event of unlawful discharge of toxic substances into the environment. The Act imposes penal sanctions together with a substantial fine if the environmental regulations are not followed.

Patent, Copyright and Privacy Regulation

The Patent Act in Canada grants monopoly to the holder of the exclusive right to manufacture, sell or use an invention in Canada for 20 years from the date of application. In Canada, copyright arises automatically upon creation of a work. Copyright affords the owner the sole right to reproduce or publish the work or any substantial part. Regarding privacy regulations, the Personal Information Protection on Electronic Documents Act passed substantially tracks the provisions of the European Unions data protection directive.

To find a lawyer, especially a business lawyer at Lawyer Ahead, post your case and have a lawyer or lawyers experienced in Business law contact you.


Boy George on Trial

Posted by Laura on December 2, 2008 at 8:59 pm

Remember Boy George? Yeah, the genius responsible for making “Karma Chameleon” get stuck in your head after you’ve been out to 80’s night. Playing itself on repeat, annoying you to death.

Well, apparently our dear Boy George isn’t just imprisoning us in our minds with his horrible lyrics. The singer is currently on trial (under his real, much less exciting name of George O’Dowd) for false imprisonment. Yeah, really. A Norwegian escort George hired once for a photo shoot, during a second “shoot,” says he was held captive, handcuffed to a wall, while George beat him with a heavy chain. He was able to wrest free and escape, and is now pressing charges.

Though what doesn’t make sense is why our dear Norwegian escort friend (named Audun Carlsen, by the way) went back to George’s place. Carlsen was contacted for and participated in a nude photo shoot with George during their first encounter. However, after this, George had sent him emails accusing him of having hacked into his computer. After receiving several emails in this vein, Carlsen still agreed to go back to George’s place for another photo shoot.

Now, while obviously what Boy George did was illegal and he’ll need to face the relevant legal penalties for his actions, there remains a point I’d like to quibble with here. What reasonably sane and not-braindead person would go back into Boy George’s home, for what is quite obviously very sensitive work, after receiving emails accusing you of having hacked into his computer? And, as it seems here, there’s no indication that you two resolved this issue before you returned to his home? I mean, I know it’s not the safest industry in the world, but seriously, where’s your common sense?

Boy George is obviously not above criticism here. Now, I’m sympathetic to drug problems, these things happen to everyone. But doing too much cocaine is entirely different from paranoid attempts at imprisoning and beating someone you met once before.

I mean, I suppose “strange” is the only really appropriate adjective for this.

Audun Carlsen, after escaping from Boy George’s home, had to run down the street in only his underwear to make his escape. Photos of him with welts on his head and arms have been submitted as evidence of damage inflicted in Boy George’s attempt to imprison him.

[MSNBC]

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