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Divorce Attorney
Law

Tips to find the best Divorce Attorney in Salt Lake

by Phume Mdluli July 15, 2022
written by Phume Mdluli

A family goes under incredible stress and anxiety when they have to deal with a case of divorce. However, the only way to come out of such a situation is with the help of a Salt Lake City divorce attorney. Any legal process turns out into a web of complications that only an experienced lawyer can deal with. Let’s understand it better.

An attorney is a person skilled and experienced in handling a divorce case efficiently.

He is highly educated and updated about the law of the land regarding this issue. In case of long-term marriages, situations need to be dealt carefully when children, debts, assets are involved. He is a legal representative who fights cases in court.

Before hiring you divorce attorney to see most important questions to ask get more information about divorce attorney click the website https://attorneyatlawkenya.com/.

Tips for finding the best Divorce Attorney

As I’ve already mentioned, it is the most vital task to choose an appropriate lawyer who has high proficiency in handling your case. Here’s what you should look into:

  • Educational qualification:

Prefer the lawyer who has received formal education on law; better if he has specialization in handling divorce cases. Attending a law school and passing bar examinations are something compulsory. Check if he has received a degree (LL.M) or certification.

  • Experience matters highly:

While choosing one, ask your attorney about his experience in this field. How long has he been practicing? What’s his achievement score? Well, for the second question, check out if he is clear in his answers. In case the person seems to confuse you, better avoid. Good attorneys will always give you confident and straightforward answers.

  • What are his fees?

Have you enquired about that? If not, make it a point to discuss his rates and fees at the very beginning. Also, what is the mode of payment he accepts? Enquire his hourly rate and your initial consultation fee. In short, ask all about his charges unhesitatingly.

  • Know your requirements:

While hiring a legal representative, the equally important part is to understand self-requirements. You should have a clear idea of what you need. You might have your own agreements. So, all of these factors are essential to consider.

  • Be patient and don’t hurry:

If you are impatient, you will end up hiring the wrong person. So, take your time, interview a few attorneys and then make the right decision.

July 15, 2022 0 comment
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Estate Planning
Law

What Is Estate Planning, And Why Is It Important?

by Phume Mdluli March 24, 2022
written by Phume Mdluli

For the longest time, many people thought that estate planning was just for the affluent or a certain group of people. This is not the case. Estate planning is vital for anybody regardless of their age or the amount of property they have. That’s because an estate is not just mansions and other expensive investments, it also includes things, such as furniture, life insurance, jewelry, etc. But what exactly is estate planning, and why is it important? Let’s find out.

What is estate planning?

Estate planning is basically a process of making the necessary arrangements on how your properly [estate] will be handled in case you become incapacitated or when you die. Your property include things that you own, including your car, home, bank accounts, life insurance, furniture, investments, jewelry, among many other things.

An estate plan allows you to decide how your property is distributed among your loved ones. So if you don’t have it, you will not be able to decide who gets your property. The plan arranges all your affairs and leaves a written document of your wishes and desires. You can create an estate plan with the assistance of durable power of attorney.

With that said, let’s take a look at some of the reasons that make estate plan important

1. It allows you to choose who inherits your property

The top reason that makes an estate plan crucial is that it allows you to choose who inherits your assets. In case you are no longer there, your assets will be distributed according to your wish. But if you don’t have an estate plan in place, the court will decide how your property is distributed. Of course, this can be very nasty and even lead to inheritance disputes, especially if somebody that shouldn’t inherit your property gets their hands on it.

2. It protects your minor children

If you have minor children, you want to make sure that they are financially protected even if you are not there. Death is inevitable, and it can happen anytime. What happens after? If you have small children, you need to prepare for such a tragedy. Part of getting prepared is creating a will, which is part of estate planning. In your will, you will be able to specify who will take care of your children in case you are not around. In case you don’t do that, the court will pick a guardian who will look after your children.

3. To avoid probate

When you die without leaving a Will, it means that you have died “intestate.” In such a case, your state’s law will determine what happens to your property and who distributes them. The court will name a representative who will distribute your assets. But with a durable power of attorney, you can pick an executor of your property when drafting your Will.

The probate process can be very lengthy with lots of paperwork. It can also cost the surviving family members a lot of money. Thankfully, you can prevent all these by creating an estate plan.

4. It gives you peace of mind

Having an estate plan can give you peace of mind. That’s because you will know how your assets will be handled when you are still alive or when you are no longer around.

March 24, 2022 0 comment
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Bankruptcy Filing During a Divorce
Law

Bankruptcy Filing During a Divorce: How Marital Debts are Handled

by James Barret August 2, 2021
written by James Barret

A divorce is emotionally draining even if it was decided by both spouses. And while spouses can agree on many issues on their divorce, they may argue over certain things especially when it comes to debt division. Depending on the debt amount, a spouse may consider filing for bankruptcy during their divorce. In this case, it is imperative to consult a skilled divorce attorney in Madison, MS to get guidance on this matter and know the impact of the filing on the divorce proceedings.

How Debt Division Works During Divorce

Often, debts and property remain with the spouse who brought them into the marriage. But, the court may divide the assets merged into the marriage. Mississippi courts divide marital assets by following the equitable distribution doctrine. Sometimes, the division may not be done equally. Thus, if a couple jointly incurred debt while they were married, this debt will be divided between both parties but may not be equal. A judge will take into account a lot of factors when they divide marital debt.

During a divorce, a bankruptcy filing can stop the divorce proceedings until bankruptcy proceedings are finalized. With this halt, the assets of the couple will be temporarily suspended, so the bankruptcy court can identify the extent of the debt and the marital assets that can be used by the couple to satisfy these payments.

If you or your spouse is thinking about filing for bankruptcy, you must consider whether to file before or after the divorce. Your divorce agreement must include a clause to protect you if your spouse later claims bankruptcy. Also, the agreement must note that any bankruptcy filing made by a spouse will not discharge child support or spousal support payments.

When Bankruptcy May be Advisable During a Divorce?

A bankruptcy filing may be beneficial if the marital property of the divorcing couples would be included in these proceedings. The reason is that the asses that the court would divide would be minimal. An experienced divorce attorney will usually work with your bankruptcy lawyer to determine what’s best in your case. Meanwhile, while a division of property in a divorce cannot be modified, you can request for a modification if your spouse lied about bankruptcy during your divorce and you only discover it later.

Sometimes, an individual bankruptcy filing will be beneficial if one of the spouses does not qualify for bankruptcy. In such cases, both spouses can terminate a substantial part of the debt before their divorce and divide the remaining debt during their divorce.

August 2, 2021 0 comment
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Law

Situations when you definitely need a car accident attorney in NY

by Phume Mdluli February 26, 2021
written by Phume Mdluli

If you are in New York, you should know that having personal insurance protection (PIP) is a must here. Even if you had a part role in a car accident, you can still ask the insurance company for compensation. Insurance companies, unfortunately, are not very empathic when a claim comes up. Eventually, they do try to reduce their overall financial liability in a case. That’s precisely where you need to get a car accident attorney by your side. Besides that, if you want to file a personal injury lawsuit against the party at fault, you will need legal expertise. If you live in Syracuse, NY or surrounding area, finding a law firm with a Syracuse office for your case may seem complicated, but don’t worry. A simple online search will help you identify which law firms have offices in Syracuse and which ones don’t. In this post, we are discussing some of the situations where you definitely need a lawyer, but more importantly, how to find one.

Circumstances to consider

You definitely need to get a car accident attorney for your case, if

  • Your injuries are severe
  • Your injuries are likely to impact your life in the long run.
  • Your injuries will prevent you from getting to work.
  • The insurance company has denied your claim
  • The insurer has been delaying your claim.
  • You are sure that the other person is at fault
  • You are having a hard time understanding the laws

Hiring the right attorney

Finding a reliable car accident attorney for your case is as important. Thankfully, there are some amazing law offices in Syracuse that can help in car accident and speeding-related matters. Their attorneys will ensure that you get the right advice, and they will handle the insurance company on your behalf. So, what does it take to select a car accident attorney?

  1. Firstly, ensure that the attorney or law firm has experience with various auto and car accident matters.
  2. Secondly, they must have enough clients. Ask for references, or check online for reviews.
  3. Ask for a personal meeting, where you can discuss the facts of the case and can get your questions answered.
  4. Check if the car accident attorney is going to work on a contingency basis and how much they would charge for your case.
  5. Investigation and trial also matter. A good attorney will do their bit to find evidence and witnesses to prove their matter, and while car accident cases are resolved easily through negotiation, the lawyer should have some experience of handling things at trial.

Check for car accident attorneys in NY now and contact one to know more on your case.

February 26, 2021 0 comment
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CRIMINAL DEFENSE LAWYER
Law

Things You Need To Know About A Criminal Defense Lawyer

by James Barret September 25, 2020
written by James Barret

You would perhaps only get one opportunity to fight for the criminal case. So, you cannot afford to create a mess, leading to more unfortunate circumstances or losing a case. For a proper legal representation, the best way is to hire a criminal lawyer from King Law in Rochester. Even if you think you can do it all alone, it is always better to choose a lawyer. If you aren’t able to decide what to do, here are some aspects that you would receive if you hire a criminal lawyer, and they are:

  • Handles All The Paperwork

Preparing for a criminal case is not an easy task that you will start and complete easily. It is a huge task and consumes a lot of time. Right from collecting all the documents to preparing for the case, everything needs to be done systematically. The benefit of hiring a criminal lawyer is they would know where to start. They handle all the paperwork and complete everything on time. Moreover, they will require less time than what you would require.

  • Explains The Process To You

The legal proceedings are quite difficult to understand, especially when it’s a criminal case. Considering that, even though you would need to spend some amount on hiring a criminal lawyer, they can still explain everything. From what kind of questions you will come across to how the hearing will take place, they know everything. Such guidance eliminates all confusion and will help you understand what you need to do.

  • Compensation On Your Behalf

Suppose the other party wishes to compensate, an eminent criminal lawyer is the best person to do it. They will handle the entire case professionally and would know what compensation amount you can get. Additionally, it will be difficult for the other party to convince your lawyer to reduce the amount. Therefore, choosing a criminal lawyer will work for your benefit.

  • Provide Legal Advice

For any legal advice, none other than a criminal lawyer can help you. They have all the expertise and have represented a lot of criminal cases previously. They know what kind of legal advice can help their clients and will do the same to protect their rights. Criminal lawyers have spent years studying all the necessary things and know every detail about it.

  • Handles Prosecution Discussions

A criminal lawyer acts as a spokesperson and handles all the discussions on your behalf. It’s challenging for you to handle the discussion, but an attorney is experienced in such things and will remain calm irrespective of how bad the situation is. That’s why; it’s of utmost importance to hire a criminal lawyer for your case.

Final Thoughts!

Apart from the above aspects, there are many other benefits that you will experience when you hire a criminal lawyer. The entire process of presenting a case to fighting for it becomes easier. Therefore, ensure to pick up a criminal lawyer with all the expertise. Interview the lawyers and decide who is efficient enough to fight your case.

September 25, 2020 0 comment
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Car Accident
Law

How Do You Handle the Aftermath of Your Car Accident?

by James Barret September 19, 2020
written by James Barret

Car accidents are inevitable. The most common causes of accidents include reckless driving, adverse weather conditions, speed, and distracted driving. Most of these accidents involve vehicle damage as opposed to drivers. Statistics show that out of every three car accidents, one involves injury to the driver and passengers. When involved in a car accident, consider the following tips to handle the aftermath of the situation.

Check Injuries and Seek Medical Attention

Whether you have suffered an injury or not, it is essential to seek medical attention immediately. Most damages caused by car accidents may not manifest themselves quickly. Call 911 for an ambulance if anyone is severely injured. Communicate with your health insurance company to transfer the medical bill responsibility to them. When you seek medical attention later, the insurance may deny your claim by arguing that your injuries or illness were not related to the car accident.

Scene Protection

To avoid other accidents from occurring, take precautions. Keep your flashers and hazard lights on, set up flares, or use warning triangles to alert other drivers on the road about the scene. If the accident did not cause significant damage and the vehicles are still operable, they could be moved off the road to avoid traffic interference.

Notify the Police

No matter how minor the accident is, it is good to involve the police. Explain to the police what happened. Provide facts that can be verified and avoid speculation or guesswork. Ensure that the other party makes clear and accurate statements. If asked any question by the investigating officer, answer to the best of your ability. You may need a police report later on when you want to file a claim, and that’s why you need to call the police to the scene immediately.

Exchange Documents and Information

As you exchange details, minimize your interaction with the other party to avoid blame or admitting you are guilty. Most state laws require drivers to provide insurance information and your name. It is vital to collect the contact info of the driver, police officer, and any witnesses. Also, take note of the police report number. You can use the WreckCheck app to record everything that happened in the accident. The free application provided by the National Association of Insurance Commissioners will record the time, create audio details, and written information that you can store in your email. There are also insurance companies that provide a mobile application to help in keeping records of the accident. When you don’t have a smartphone, you can write down notes about the accident’s occurrence, including the time and the place where it happened.

Call your Insurance Company

Immediately after the accident happens, call your insurance company, and notify them about the situation at hand. The insurance company will give you information about the benefits and the coverage you will get. It is important to note that the insurance offers different compensation depending on the person that was at fault and coverage type you have. If the other driver was at fault, the insurance company would cover your vehicle repairs and medical bills. In case the party does not have an insurance policy, your own uninsured vehicle coverage covers the expenses.

Take Photos

Take photos of the visible damage to your vehicle

. If you have any visible injuries, they should also be photographed. Take them as soon as possible to avoid interfering with the police investigation when the cops arrive. Photos can build up your case if you choose to file a claim.

Protect Yourself

To protect your rights, you need to consult a personal injury lawyer to deal with your situation. Accident laws vary from one state to another, which means you need to look for a lawyer that understands your state laws. For example, if you are in Charlotte, you need to hire a Charlotte car accident lawyer. A lawyer will ensure valuable evidence is not distorted. Before providing any statement to the insurance company or the police, seek advice from the lawyer to guide you on what you should say. A personal injury lawyer is also essential when filing a compensation claim. He will help you file a lawsuit on time. With an attorney, you are nearly assured of getting fair compensation for the damages and losses you suffered during the car accident.

September 19, 2020 0 comment
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Law

What Is a FINRA Arbitration?

by James Barret September 11, 2020
written by James Barret

In an ideal situation, you would make your investment in the securities business and expect everything to turn out as planned.

However, we live in a world where it is difficult to trust other human beings, especially when it comes to money matters.

That’s why there are regulatory bodies such as FINRA to protect the interest of industry professionals and investors.

What Is FINRA?

FINRA stands for Financial Industry Regulatory Authority. It is a non-governmental organization whose main objective is to protect the interest of investors. It does this by ensuring that the broker industry runs its affairs in an ethical and fair manner.

It has the authority of Congress to formulate and enforce rules and policies aimed at safeguarding and offering mechanisms of dispute resolution. It is also responsible for punishing anyone found violating those rules and regulations.

FINRA Arbitration

Mediation and arbitration are two major forms of conflict or dispute resolution. Most people use this option instead of resorting to a full-scale litigation process. Mediation basically involves two or more parties negotiating a win-win solution through the help of a mediator.

On the other hand, arbitration is a conflict resolution mechanism where an impartial intermediary is given a chance to listen to both parties and come up with a final decision.

FINRA arbitration consists of a panel of one or more arbitrators chosen by both parties. The decision made by the panel is referred to as an “award.”

The FINRA Arbitration Process

The FINRA arbitration process has several stages together with rules that govern the entire process. Although parties can decide to resolve their dispute before the arbitration has concluded, below is how the process goes from start to finish:

Filing of Acclaim

The FINRA arbitration process kicks off after a claim has been filed. The claim consists of facts and details about the dispute, parties involved, and type of relief being demanded. The person filing the claim can request for interest, actual damages, or any other type of solution.

Claim Answer

After the complainant has met all the requirements, FINRA will serve the Statement of Claim to the other party(ies).

Each party is then allocated a maximum of 45 days to respond to the claim. The response should contain facts and a defense on the claim.

Pre-Hearing Conferences

The first pre-hearing conferences (IPHC) is usually conducted through the phone by the parties involved. The purpose of this meeting is to set timelines for the arbitration process.

It involves deciding the dates for presenting evidence, discovery timelines, briefing deadlines, and other preliminary matters.

Discovery Stage

This is the stage where parties exchange information with each other in order to prepare for the arbitration process.

All parties are supposed to cooperate by providing whatever documents the other party needs. Nonetheless, there’s a provision where a party can object to discovery requests.

Hearings

FINRA arbitration hearings are almost similar to court trials. They consist of submission of facts, closing statements, documents, motions, presentation of evidence, testimonies, and rebuttals of evidence.

During the hearing stage, the complainant is supposed to present all the facts to back up his or her claims. On the other hand, the defendant is given a chance to defend themselves against the claims. Each party can bring witnesses and cross-examine the other side’s witnesses.

Decision and Awards

After the hearings are concluded, the arbitrator examines all the evidence presented. He or she has a maximum of 30 business days to make a decision on whether the person who filed the claim deserves relief or not.

The decision is based on the majority. For example, if the panel comprises three arbitrators, then the two of them must agree with the vote on the same decision.

After that a final decision detailing the type of damages awarded and any other relevant information pertaining to the case will be made.

The amount of time a FINRA arbitration process takes depends on several factors including the number of parties involved, the complexity of the case, discovery timelines, and several other things. However, the average time to conclude an arbitration process is slightly over a year.

Bottom Line

If you are going to file a claim, it is important to hire an experienced FINRA lawyer. This is because securities business laws and regulations are complex and difficult to understand.

September 11, 2020 0 comment
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AFTERMATH OF A CAR ACCIDENT
Law

What to do in the Aftermath of a Car Accident

by James Barret July 3, 2020
written by James Barret

The last thing you expect whenever you get behind the wheel of your car is to experience a car accident. Unfortunately, they happen all the time. No matter how careful you are, there’s a high possibility you’ll experience a car accident at least once in your lifetime. The good thing with being cautious is that you reduce the chances of being at fault in the event of the accident.

However, what do you do if you’ve been involved in one? It’s worth noting that the moments that follow immediately after a car accident can either hurt or improve the type of compensation you get. The following are some things you can do to protect yourself and your interests immediately after the crash;

Call the police

Regardless of the type of accident you’ve been involved in, the first thing you should do is call the police. It doesn’t matter whether it’s a fender bender or a severe crash. When they get to the scene, they will get a police report that can be entirely instrumental when dealing with insurance companies. When you remain at the scene and explain everything that happened to the police, you bolster your case. If you were not at fault, then you will get the compensation you deserve. Calling the police should be the first thing you do when in a car accident. If the other party is violent, you can remain in your car until the authorities get to the scene.

Call a car accident attorney

Have you been involved in a car accident? Protecting your rights should be a priority before people take advantage of the situation. A car accident attorney in Salem, Oregon, should protect your rights and ensure all the necessary evidence is not tampered with. As such, consulting your attorney should be one of the first actions you take. Remember, insurance companies will take statements as quickly as possible after the accident. To give any information, you will need legal advice to avoid making a mess of your claim. Your attorney will help you handle all the requirements until you get the compensation you deserve.

Gather relevant information

It’s worth noting to make any claim you will need some essential details. While it’s important, you check if you’ve sustained any injuries, you should consider gathering information if you are in good condition to walk around. If so, you’ll need to ask the other driver’s name and address, insurance company name, statements from whiteness, if any, and contact information. Finally, don’t forget to capture pictures of the accident scene before anything gets moved. All the evidence you obtain can only bolster your claim, especially if you are not at fault. It will prevent the other party from jinxing the evidence, and you can get what you deserve.

Wait for help

If you call the police and attorney, then collect the relevant information, and no one has arrived at the scene, don’t move. Stay put and wait for help. Leaving means, you are a suspect, and the other driver can use that to their advantage. As long as you are within the scene, you’ll get medical assistance if you need one quickly, and you can explain everything in detail.

If you’ve been involved in an accident, even if you are a seasoned driver, chances are you’ll be left frazzled and won’t know what actions to take. Following the above steps should protect your interests and ensure you get the right settlement.

July 3, 2020 0 comment
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