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	<title>LAW INFORMATION </title>
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	<description>Legal Information at Your Fingertips</description>
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		<title>LAW INFORMATION </title>
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		<title>TargetLaw Goes Beta</title>
		<link>http://legalcatch.wordpress.com/2009/11/19/targetlaw-goes-beta/</link>
		<comments>http://legalcatch.wordpress.com/2009/11/19/targetlaw-goes-beta/#comments</comments>
		<pubDate>Thu, 19 Nov 2009 23:59:43 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
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		<guid isPermaLink="false">http://legalcatch.wordpress.com/?p=2938</guid>
		<description><![CDATA[If you are an attorney interested in new client acquisition, you should probably read on.
I got an email last week from a company called TargetLaw. In the past we&#8217;ve used the TargetLaw search engine on this site as it is one of the best ways to locate an attorney on the Internet. Several years ago [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2938&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p>If you are an attorney interested in new client acquisition, you should probably read on.</p>
<p>I got an email last week from a company called <a title="Lawyer Search" href="http://www.targetlaw.com">TargetLaw</a>. In the past we&#8217;ve used the TargetLaw search engine on this site as it is one of the best ways to locate an attorney on the Internet. Several years ago the company developed a search engine using google custom search. They now have over 50,000 attorneys listed in their custom engine.</p>
<p>TargetLaw just released a beta site built in WordPress that now allows attorney&#8217;s to submit profiles and articles directly to the site. As with most Worpress sites, Targetlaw is very search engine friendly (ie the ability to be found on Google, Bing, Yahoo etc..). This translates to the ability for an attorney to be found when doing a search by location and practice area. If you are an attorney I would  recommend submitting to this site often.</p>
<p>It looks like this site has a good page rank and better yet their profiles and articles are near the top for many searches. I am also told they will give you links back to your site in hopes to increase your website visibility on the Internet. I have no idea how this happens but it does.</p>
<p>For example: go to google and put in the following term; Maryland felony lawyers &#8211; Yes you will find one of the attorney&#8217;s listed at the top of the search. They emailed me a list of about 300 different searches in which their lawyer profiles or articles were at the top of the engines. I don&#8217;t have the time to post them all.</p>
<p>I am no scholar when it comes to SEO but I do know there are some companies that have a real knack in getting to the top of the search engines. For attorneys, I believe this could be your answer. Best of all its free to join and free to submit. If you are a large firm you can become an administrator and submit as many attorney profiles and articles as you like.</p>
<p>Also listed in the email is a new concept they are about to release. I would suggest you keeping an eye on this new functionality which could leverage your firm to the top of the engines faily quickly.</p>
<p>If you are a vendor and have a cool product, please email us so we can list your company on this site.</p>
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		<title>Life Settlement: Legal Aspects of Selling an Insurance Policy</title>
		<link>http://legalcatch.wordpress.com/2009/09/25/life-settlement-legal-aspects-of-selling-an-insurance-policy/</link>
		<comments>http://legalcatch.wordpress.com/2009/09/25/life-settlement-legal-aspects-of-selling-an-insurance-policy/#comments</comments>
		<pubDate>Fri, 25 Sep 2009 17:34:32 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
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		<guid isPermaLink="false">http://legalcatch.wordpress.com/?p=2880</guid>
		<description><![CDATA[A life settlement can be defined as the sale of an existing insurance policy by a policy holder. The policy holder may consider the sale of their insurance policy because they no longer need the policy, need money for family reasons or no longer can pay the premiums on the policy.
Over the last several years [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2880&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p>A life settlement can be defined as the sale of an existing insurance policy by a policy holder. The policy holder may consider the sale of their insurance policy because they no longer need the policy, need money for family reasons or no longer can pay the premiums on the policy.</p>
<p>Over the last several years private investors have dumped trillions of dollars into life settlement tools. The money is primarily used to purchase life insurance policies of seniors ages 65 and over. Depending upon the fund, people may sell policies ranging from $50,000 and up. When a person decides on a life settlement they will sell their policy with the understanding once the policy holder dies, the investment company or hedge fund will receive the face value of the policy.</p>
<p>When a person decides to sell their life insurance policy they essentially have two different options. They can sell the insurance policy back to the original company or seek the assistance of a life settlement company willing to shop their case amongst a group of buyers. These buyers are the hedge funds, some banks and private investors.</p>
<p>The policy holder will oftentimes look for the company that can provide them the amount closest to the face value of the policy. This means more money for the policy. The insurance company will oftentimes spend about 10% to purchase the policy back, while life settlement companies tend to offer a significant higher payout for the same policy.</p>
<p>The legal aspect of a life settlement follows:<br />
Should it be legal to purchase another’s insurance policy?<br />
Does the insurance industry have legal recourse to stop these types of buyouts?</p>
<p>While some people purchase life insurance for their siblings many people use their policies for investment and tax purposes. The idea that a company can provide a life settlement to an individual is legal. In fact by allowing companies to provide life settlements for their clients could ultimately increase the number of policies being written on a yearly basis. There is more incentive to purchase life insurance if the consumer understands they may be able to sell their policy at a higher face value later.</p>
<p>While the insurance industry frowns upon companies that purchase life settlements they currently have no legal recourse at this time. Many consumers first contact the insurance company prior to dealing with a life settlement broker. After reviewing the settlement offer from the insurance company the consumer may decide the payoff is much too low. As a result the consumer may deal directly with a broker than can get double or even triple the offer from the insurance company.</p>
<p>The legal aspect of a life settlement is fair enterprise. The life settlement industry in some aspects is no different than the mortgage industry. If there are companies that can offer you more money for your life insurance policy the consumer should have the ability to shop for the higher cash value.</p>
<p>Content written By Jeffery Grawbowski: For more information on legal issues visit our website</p>
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		<title>Just Walk Away</title>
		<link>http://legalcatch.wordpress.com/2009/09/25/just-walk-away/</link>
		<comments>http://legalcatch.wordpress.com/2009/09/25/just-walk-away/#comments</comments>
		<pubDate>Fri, 25 Sep 2009 17:27:59 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
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		<category><![CDATA[Contracts]]></category>
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		<guid isPermaLink="false">http://legalcatch.wordpress.com/?p=2877</guid>
		<description><![CDATA[By Andrew M. Apfelberg, Rutter Hobbs &#38; Davidoff 
Whether an acquisition, lease or contract with a vendor, every business transaction has its own particular pacing that develops. It is important to maintain that pace in order to effectively take the transaction from concept to signed agreement. However, when the parties involved focus exclusively on maintaining [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2877&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p>By Andrew M. Apfelberg, Rutter Hobbs &amp; Davidoff </p>
<p>Whether an acquisition, lease or contract with a vendor, every business transaction has its own particular pacing that develops. It is important to maintain that pace in order to effectively take the transaction from concept to signed agreement. However, when the parties involved focus exclusively on maintaining the deal’s momentum, they tend to ignore red flags that pop up, as well as their own inherent reactions to these cautionary signs. Getting caught up in the adrenaline rush of trying to close a deal is, in fact, a great way to wind up either with a transaction that does not deliver the opportunity you originally sought—or with a big bill for a deal you had to abort at the last minute.</p>
<p>Let me give you a case in point. Recently, a client wanted to acquire all the assets of a business as well as the property on which the business was located. The price was fantastic and the sales broker assured my client that the prospect was a rare opportunity. But the seller then delivered a skimpy purchase agreement, and put significant pressure on my client to review and sign the document within 24 hours of receipt. After a late-night and rather frank conversation with me, my client did not sign the document, and asked instead for a short no-shop period during which she could conduct her due diligence. The seller refused the no-shop restriction but, nonetheless, my client decided to proceed with negotiating the deal. </p>
<p>A day or two into the due diligence process, it came to light that one of the seller’s key employees did not hold a necessary license and had, instead, worked out a side-deal with the seller. My client instructed me to work around the problem by inserting an indemnification provision into the purchase agreement. The seller then provided some self-prepared financial statements, but would not give my client access to the back-up data or the seller’s previously filed tax returns. My client felt she could trust the seller and took him—and his financials—at face value.</p>
<p>In the meantime, I revised the purchase agreement and prepared the balance of the missing documents typically associated with this type of transaction. In response, the seller refused to accept any of my proposed changes to the language of his purchase agreement and was hesitant to agree to the terms of the other documents. He insisted that the sale was “as-is” and that if my client did not like it, there was another eager buyer in the wings who had already offered more money. My client the requested that I “trim down” the documents in order to appease the seller.</p>
<p>The transaction wound up not closing at the eleventh hour. After all the documents were laboriously negotiated and revised, one of the selling members refused to sign the non-competition agreement.<br />
My client was livid. She had incurred significant legal, accounting and other fees, and invested more than eight weeks into the deal. She felt cheated, and looked for someone to blame—but ultimately concluded that the blame fell squarely on her shoulders. She was so eager to close the deal that she ignored obvious warning signs, failed to investigate red flags that popped up and refused to follow her “gut” instinct, which told her that the deal seemed questionable.</p>
<p>Unfortunately, my client ignored the following ten warning signals, and ultimately paid the price:<br />
1)	The deal seemed too good to be true.<br />
2)	The seller insisted on an overly quick closing of the transaction.<br />
3)	There was hesitancy in providing requested due diligence items in responding to transaction documents.<br />
4)	The records or documents reviewed in the due diligence process were incomplete and disorganized.<br />
5)	The other side was unwilling (or unable) to develop a transition plan for post-closing of the transaction.<br />
6)	The other side insisted on preparing the transaction documents, when the custom is for the buyer to prepare them.<br />
7)	The seller refused to negotiate the business terms or language of the agreements.<br />
 <img src='http://s.wordpress.com/wp-includes/images/smilies/icon_cool.gif' alt='8)' class='wp-smiley' /> There was insistence on an “as-is” sale, and a refusal to offer any material representations or warranties.<br />
9)	The other side exerted significant pressure to close despite the existence of outstanding questions.<br />
10)	The seller had a questionable reputation within the community.</p>
<p>While the existence of one or more of these items does not necessarily mean that a deal is not a good one, it does mean that you should take the time to gather additional information and carefully analyze it before proceeding with the transaction. By continuously looking out for these red flags, you will inherently slow the momentum of a deal down just enough to analyze the information and issues presented without jeopardizing the pacing of the negotiations.</p>
<p>Above all, listen to your instinctive responses to these warning signs. In most cases, you inherently know what is right and what is wrong, and what makes sense and what does not. Never be afraid to walk away from a deal that simply does not feel right. There is almost always another opportunity just around the corner. When asked what his most profitable transactions were, a highly successful real estate developer answered without hesitation: “The ones that I didn’t do.”  </p>
<p>About the Author: Andrew M. Apfelberg is a corporate transactional attorney for privately held middle-market companies. He represents clients as their day-to-day general counsel and in significant transactions such as mergers and acquisitions, financings, joint ventures, licensing, entity formation, agreements between shareholders and the establishment of manufacturing facilities in Mexico. He is a partner of Rutter Hobbs &amp; Davidoff Incorporated, a full service law firm in Century City (<a href="http://www.rutterhobbs.com">www.rutterhobbs.com</a>). The firm provides comprehensive transactional and litigation services to companies, their principals and entrepreneurs. Apfelberg&#8217;s clients benefit from his strong business and finance background gained from working for investment banks prior to attending law school. This experience enables him to more effectively structure transactions and negotiate agreements to maximize the return to the client and increase the likelihood of getting the deal closed. He was awarded the most coveted AV rating through Martindale-Hubbell, and was selected as a “Super Lawyer” in the field of Business Law by Law &amp; Politics in 2005, 2006, 2007, 2008 and 2009.</p>
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		<title>Penny Wise and Pound Foolish:</title>
		<link>http://legalcatch.wordpress.com/2009/09/25/penny-wise-and-pound-foolish/</link>
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		<pubDate>Fri, 25 Sep 2009 17:23:07 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
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		<description><![CDATA[“Saving Costs” During Contract Formation Can Mean Big Litigation Bills Later
By Andrew M. Apfelberg, Rutter Hobbs &#38; Davidoff
In today’s uncertain financial climate, many businesspeople have deliberately avoided involving their attorneys in the negotiation and documentation of deals. Reasons given have included, “Well, it is not that big of a transaction,” or, “It seems simple enough, [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2874&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p>“Saving Costs” During Contract Formation Can Mean Big Litigation Bills Later</p>
<p>By Andrew M. Apfelberg, Rutter Hobbs &amp; Davidoff</p>
<p>In today’s uncertain financial climate, many businesspeople have deliberately avoided involving their attorneys in the negotiation and documentation of deals. Reasons given have included, “Well, it is not that big of a transaction,” or, “It seems simple enough, so there is no need to consult with a lawyer.” But the real factor driving the decision to avoid legal involvement is one thing and one thing only: money.</p>
<p>While no one ever relishes the idea of paying a lawyer, the degree to which businesspeople are circumventing legal fees has dramatically increased during these less-than-booming economic times. For many middle-market companies, spending money to have a lawyer draft or review a business agreement is often perceived as a luxury that can be foregone when belts need to be tightened. Initially, eliminating $5,000 to $10,000 in legal fees sounds like a fantastic idea. However, what many businesspeople fail to consider is that they will inevitably have to deal with these agreements over the long-term and, without assistance from an attorney, significant fees can be incurred if a business deal goes south—ultimately costing a company thousands of dollars.</p>
<p>Take, for example, the example of Acme Skin Care Company*. In earlier, better economic times, Acme and Star Manufacturing Inc. signed an agreement drafted by Acme’s lawyer that explained Star’s relationship with Acme as an “exclusive supplier” of certain component elements of Acme’s products. After several years, a principal of Star met with Acme’s president to discuss the continuing relationship. By then, times were tougher financially, and in order to keep costs down Acme left its lawyer out of those discussions. Instead, in a private meeting with Star, Acme’s president hand-wrote what he believed to be a minor modification to the company’s original agreement with Star. Then, he and Star signed the handwritten “modification.”</p>
<p>After approximately one year, Acme’s relationship with Star began to sour. Star began demanding strict “compliance” with the “modification,” which Star asserted was a wholly separate deal. Acme decided to terminate its relationship with Star by providing 30 days notice as permitted under their original agreement. Star promptly filed suit, claiming the “modification” was a separate agreement for a fixed 10-year term with no provision allowing for early termination. Star claimed $10 million in damages, leaving Acme no choice but to defend the lawsuit. In the first few months of litigation alone, Acme spent more than $50,000 to defend against Star’s claims. Today, Acme’s counsel estimates that it will spend at least another $150,000 before the case is closed, with no guarantee of success.</p>
<p>So, how exactly did Acme get into this position? The problem lies with the actual wording of the “modification.” Read literally, that document—consisting of only five short paragraphs—said nothing about Acme’s prior agreement with Star and contained no mention of any right to terminate the relationship on 30 days notice or otherwise. On the other hand, it did mention a 10-year term and contained other language suggesting the “modification” was, in fact, a separate agreement.</p>
<p>Although Acme may have originally intended otherwise, the document read in a way that was favorable to Star, and, not surprisingly, Star then claimed that the document contained clear contract language that accurately stated the intention of the parties.</p>
<p>The difficulty for Acme in defending against Star was that California courts—and many state courts applying similar statutes—try to interpret contracts based solely on the written language contained in the document without looking to other evidence. The California Civil Code, for instance, provides that:</p>
<p>•	The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. §1638.<br />
•	When a contract is reduced to writing, the intention of the parties is to be ascertained by the writing alone, if possible; . . . §1639.</p>
<p>Most states adhere strictly to written terms in order to discourage situations like the one in which Acme now finds itself, where the document says one thing but the opposite party argues it means another. By holding parties to the apparent meaning of the specific words used in the document, the courts force parties during contract formation to express clearly and completely their intent in writing within the actual four corners of the document.</p>
<p>Does this mean that Acme stands no chance of success in the litigation with Star? No, there are additional rules of contract interpretation other than the “bare bones” rules. But the important lesson to be learned is that it has already cost Acme five to 10 times more to litigate its dispute with Star than it would have cost to have a lawyer simply draft or review the “modification” in the first place.</p>
<p>To avoid the kind of problem Acme now faces, a company must make sure that both parties clearly understand the general terms of a business transaction. The parties may even want to prepare an explicitly non-binding term sheet outlining the potential deal, before immediately hiring a lawyer.</p>
<p>Next, a company should discuss with the attorney, in detail, its relationship with the other party, explaining past history; identifying any prior agreements; explaining specific goals for the transaction and desired strategy for negotiation; and identifying each material term of the deal. After a formal contract is prepared, both sides must read it front to back, and word for word. A lawyer can then explain any difficult-to-understand terms and define words that may have legal significance beyond their typical, everyday meaning.</p>
<p>Above all, business executives must remember that if a deal goes south, they will be held to what the document actually says, and not to what they may have “meant” or “understood.” And if both parties involved decide later that they want to alter the deal, they must ensure that each change is put in writing and reviewed by a lawyer before it is signed.</p>
<p>As for costs, wouldn’t any savvy businessperson rather spend $5,000 now rather than $200,000 down the line?</p>
<p>* Company names have been changed to protect privacy</p>
<p>About the Author: Andrew M. Apfelberg is a corporate transactional attorney for privately held middle-market companies. He represents clients as their day-to-day general counsel and in significant transactions such as mergers and acquisitions, financings, joint ventures, licensing, entity formation, agreements between shareholders and the establishment of manufacturing facilities in Mexico. He is a partner of Rutter Hobbs &amp; Davidoff Incorporated, a full service law firm in Century City (<a href="http://www.rutterhobbs.com">www.rutterhobbs.com</a>). The firm provides comprehensive transactional and litigation services to companies, their principals and entrepreneurs. Apfelberg&#8217;s clients benefit from his strong business and finance background gained from working for investment banks prior to attending law school. This experience enables him to more effectively structure transactions and negotiate agreements to maximize the return to the client and increase the likelihood of getting the deal closed. He was awarded the most coveted AV rating through Martindale-Hubbell, and was selected as a “Super Lawyer” in the field of Business Law by Law &amp; Politics in 2005, 2006, 2007, 2008 and 2009.</p>
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		<title>Texas DWI Laws</title>
		<link>http://legalcatch.wordpress.com/2009/09/03/texas-dwi-laws/</link>
		<comments>http://legalcatch.wordpress.com/2009/09/03/texas-dwi-laws/#comments</comments>
		<pubDate>Thu, 03 Sep 2009 18:10:40 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[DWI Laws]]></category>

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		<description><![CDATA[According to the National Highway Traffic Safety Administration, in 2006 Texas had 1,400 alcohol-impaired driving fatalities, which was 39.6% of all the traffic fatalities for that year. Then in 2007 there were 1,292 alcohol-impaired fatalities, which was 38.4% of all traffic fatalities that year.  In both 2006 and 2007 Texas had more alcohol related traffic [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2871&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p>According to the National Highway Traffic Safety Administration, in 2006 Texas had 1,400 alcohol-impaired driving fatalities, which was 39.6% of all the traffic fatalities for that year. Then in 2007 there were 1,292 alcohol-impaired fatalities, which was 38.4% of all traffic fatalities that year.  In both 2006 and 2007 Texas had more alcohol related traffic fatalities than any other state.</p>
<p>The state of Texas has many laws that relate to drinking and driving. In Texas, the legal limit for Blood Alcohol Content (BAC) is 0.08%, but if the driver is under 21 years old any amount of alcohol is a crime.</p>
<p><strong>Driving While Intoxicated</strong></p>
<p>DWI stands for Driving While Intoxicated, and it refers to any type of intoxication, whether its illegal drugs, prescription drugs or alcohol. DWI can apply to both minors and adults.</p>
<p>Only one of the following is required to prove DWI:</p>
<ul>
<li>A      Blood Alcohol Content (BAC) of 0.08% or higher</li>
<li>Loss      of normal mental faculties</li>
<li>Loss      of normal physical faculties</li>
</ul>
<p>Loss of faculties is determined using field sobriety tests. BAC is determined by a blood or breath test. Drivers have a right to refuse a BAC or field sobriety test, but if they do their license is automatically suspended for 180 days because of implied consent laws. Implied consent means that when someone was given a driver&#8217;s license they automatically agreed to submit to field sobriety or BAC tests.</p>
<p><strong>DWI Penalties in Texas</strong></p>
<p>The severity of the penalties for DWI varies based on the number of times the person has been <a href="http://www.dallasjustice.com/lawyer-attorney/dui-dwi.php">convicted of DWI in Texas</a>. Additionally, if a driver&#8217;s license is suspended, upon having it reinstated there is a surcharge that ranges from $1,000 to $2,000 a year for 3 years to keep their driver&#8217;s license active. The surcharge is called a Driver Responsibility Tax.</p>
<p>First Offense:</p>
<ul>
<li>Up to      $2,000 fine</li>
<li>90      days to 1 year suspension of driver&#8217;s license</li>
<li>The      possibility of 72 hours to 180 days in jail</li>
</ul>
<p>Second Offense:</p>
<ul>
<li>Up to      $4,000 fine</li>
<li>180      days to 2 years suspension of driver&#8217;s license</li>
<li>The      possibility of 30 days to 1 year in jail</li>
</ul>
<p>Third Offense:</p>
<ul>
<li>Up to      $10,000 fine</li>
<li>180      days to 2 years suspension of driver&#8217;s license</li>
<li>The      possibility of 2 to 10 years in jail</li>
</ul>
<p>In some instances even a first offense can be a felony. If someone is caught drinking and driving with a passenger that is under 15 years old it is an automatic felony. Also, if a drunk driver causes an accident that results in a fatality they are charged with intoxication manslaughter which is a 2nd degree felony.</p>
<p>Texas has more traffic fatalities that are related to alcohol than any other state. Because of this penalties are severe for first time offenders and become greater with each subsequent conviction.</p>
<p>This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Texas DWI Law.</p>
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		<title>I Haven&#8217;t Made A Will!</title>
		<link>http://legalcatch.wordpress.com/2009/08/31/i-havent-made-a-will/</link>
		<comments>http://legalcatch.wordpress.com/2009/08/31/i-havent-made-a-will/#comments</comments>
		<pubDate>Mon, 31 Aug 2009 09:02:29 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
				<category><![CDATA[Estate & Probate]]></category>

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		<description><![CDATA[Give Me 10 Reasons Why I Need To Write A Will
A large proportion of the population have not made a Will. Many people either just don&#8217;t want to think about the possibility of their own death, or assume that if they die, what they own will go to the people they want. Unfortunately, in many [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2868&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p><span style="font-size:12pt;">Give Me 10 Reasons Why I Need To Write A Will</p>
<p>A large proportion of the population have not made a Will. Many people either just don&#8217;t want to think about the possibility of their own death, or assume that if they die, what they own will go to the people they want. Unfortunately, in many cases, it won&#8217;t. Here are the ten most important reasons why you should make a Will.</p>
<p>1. Fundamentally, it is a matter of choice. If you make a Will, you decide what happens to what you own when you die. If you don&#8217;t write a Will, but die &#8220;intestate&#8221;, the general law makes the decision for you.</p>
<p>2. If you are married with children, your wife or husband will not necessarily inherit everything you own. Without making a Will, if your estate is large enough, part will go to your children, and part of what does benefit your wife or husband will be held in trust.</p>
<p>3. If you are married but have no children, without writing a Will, your wife or husband may have to share your estate with your closest relatives.</p>
<p>4. If you are you living with someone to whom you are not married, and haven’t made a Will, your partner will receive&#8230; apart from your share of any assets which you own jointly together&#8230; absolutely nothing.</p>
<p>5. If you have young children from a <span id="lw_1251709222_1" style="border-bottom:1px dashed #0066cc;background:transparent none repeat scroll 0 0;cursor:pointer;">second marriage</span>, and adult children from a previous one, without writing a Will, your second family may have to share your estate with your first.</p>
<p>6. If you are in a second marriage, with no children together, but with children from previous relationships, and don’t make a Will, one family will lose out very significantly in favour of the other.</p>
<p>7. If you have step-children, without making a Will, they will not inherit directly, but may inherit indirectly if your estate passes to your wife or husband.</p>
<p>8. If you are unmarried with no children, without writing a Will, your nearest relatives will inherit your estate, rather than the friends or charity you might prefer.</p>
<p>9. If you do not make a Will, you cannot decide who will have the responsibility for dealing with your estate after your death, or who will be trustees or guardians for your children.</p>
<p>10. If you don’t write a Will, you cannot decide the age at which your children should take control of anything they inherit from you. Many consider eighteen too young.</p>
<p>This is a general guide which cannot cover all possibilities, and there are many other reasons to make a Will. It isn&#8217;t hugely expensive, and it won&#8217;t kill you. The Wills team at Hedges will be happy to give you further advice.</p>
<p>Contact<br />
Hedges Solicitors<a rel="nofollow" href="http://www.hedgessolicitors.co.uk/" target="_blank"><br />
<span id="lw_1251709222_2">www.hedgessolicitors.co.uk</span></a><br />
Email: <a rel="nofollow" href="mailto:robert.keyes@hedgessolicitors.co.uk" target="_blank"><span id="lw_1251709222_3">robert.keyes@hedgessolicitors.co.uk</span></a></p>
<p></span></p>
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		<title>Slips and Trips in the Supermarket</title>
		<link>http://legalcatch.wordpress.com/2009/08/31/slips-and-trips-in-the-supermarket/</link>
		<comments>http://legalcatch.wordpress.com/2009/08/31/slips-and-trips-in-the-supermarket/#comments</comments>
		<pubDate>Mon, 31 Aug 2009 08:44:30 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
				<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Personal Injury Law]]></category>

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		<description><![CDATA[Complaints about accidents in supermarkets, shops, and similar places are very common.  The typical scenario is the customer who slips on the stray grape or spillage in an aisle. The belief that the shop is then automatically liable to compensate the customer for the resulting injury is also common, but as with so much [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2865&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p>Complaints about accidents in supermarkets, shops, and similar places are very common.  The typical scenario is the customer who slips on the stray grape or spillage in an aisle. The belief that the shop is then automatically liable to compensate the customer for the resulting injury is also common, but as with so much in law, it?s not that straightforward.</p>
<p>Broadly speaking, the shop owner has a duty under the Occupiers Liability Act 1957 to take all ?reasonable? steps to see that the shop premises are ?reasonably safe? for everyone who is  invited to use them.  That duty applies to all those whom the owner invites or allows into the shop for the purposes permitted by him; eg. shopping or looking around, delivering goods, even popping in to ask the staff for directions.</p>
<p>The crucial word, as so often in legal claims, is ?reasonable?.  In other words, the shop owner does not have to ensure the premises are pristine; he cannot and does not have to ensure there is never any hazard of any kind in the shop; he does not have to have an army of staff posted in every aisle ready to respond instantly to any spillage.  He only has to do what is ?reasonable?.</p>
<p>In practice, this means that provided the shop has a reasonable system of regular inspection and cleaning and that the staff follow it and can prove they did, then the unlucky customer who nevertheless slips on the stray grape or leaking water is unlikely to have a valid claim.</p>
<p>However, never assume that just because the shop belongs to a big household-name chain, they will be bullet-proof.  It is by no means unknown for large supermarkets to have detailed procedures written down in a manual sitting on an office shelf somewhere collecting dust, but be unable to prove at shop-floor level that the local staff actually followed them.  See those checklists posted in the loos at Sainsbury?s, MacDonalds, etc?  Are they always up to date?  Do they always have someone?s signature on them every hour as they state?</p>
<p>A good solicitor will know this and will invite the shop to disclose its paperwork to demonstrate that their procedures have been dutifully followed. It is surprising just how often stores are unable to show that they have complied, which means the lawyer can then press home the evidential advantage, inviting the shop to concede liability and acknowledge the validity of the client?s <a href="http://www.newdeal-fairdeal.co.uk/">personal injury claim</a>.</p>
<p>Other causes of injury may be easier to succeed on. If you are injured by a broken shop fitting or part of the premises, as opposed to slipping on a spillage of some sort, it is usually more difficult for the owner to show that a proper system has been followed.  By definition, such breakages are likely to have been there longer than a spillage, and so should have been noticed and fixed long before your accident.</p>
<p>If you are unlucky enough to be injured in any shop, supermarket or similar place, try to ensure that:-</p>
<p>you tell the manager about your accident there and then- insist he makes a written record of the accident and the injuries sustained. Make sure both he and you sign it and get a copy if you can;<br />
you get names and addresses of anyone who saw your accident, whether they are other shoppers or members of staff; witnesses can be vital to successfully making a personal injury claim;<br />
you identify what caused you to fall or slip or otherwise suffer injury; get a photo if you can;<br />
you note whether there were any warning signs nearby;</p>
<p>If your injuries are such that you cannot do all this, get someone else to do it for you.  As a last resort, get them to go back to the shop as soon as possible and do it.</p>
<p>Finally, speak to an experienced lawyer as soon as you can. Our specialist solicitors have many years of experience dealing with this type of personal injury claim and we can give you free initial advice about making a claim for compensation. And don?t forget, we deal  with accident claims on a No Win &#8211; No Fee basis, guaranteeing that the client receives 100% of their compensation and offering a unique ?cash upfront? scheme whereby we will pay you up to £1,000 ?upfront?  whilst  the case is being settled.</p>
<p><a href="http://www.newdeal-fairdeal.co.uk/">Injury and Accident Claims Compensation Solicitors</a></p>
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		<title>Filing Bankruptcy for Small Business</title>
		<link>http://legalcatch.wordpress.com/2009/04/01/filing-bankruptcy-for-small-business/</link>
		<comments>http://legalcatch.wordpress.com/2009/04/01/filing-bankruptcy-for-small-business/#comments</comments>
		<pubDate>Wed, 01 Apr 2009 20:16:31 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
				<category><![CDATA[Bankruptcy Law]]></category>

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		<description><![CDATA[When you run a small business it’s not easy to get to the point that you have to file bankruptcy. It means possibly shutting the door on your dream of running your own business. But there could be a way that you may be able to keep your doors open and still file for bankruptcy.
 [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2842&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p class="MsoNormal"><span style="font-family:&quot;color:black;">When you run a small business it’s not easy to get to the point that you have to file bankruptcy.<span> </span>It means possibly shutting the door on your dream of running your own business.<span> </span>But there could be a way that you may be able to keep your doors open and still file for bankruptcy.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;color:black;"> </span></p>
<p class="MsoNormal"><strong><span style="font-family:&quot;color:black;">Chapter 11 Bankruptcy</span></strong></p>
<p class="MsoNormal"><span style="font-family:&quot;color:black;">This type of bankruptcy is set up to be used by corporations and individuals who own businesses.<span> </span>When you run a small business and your getting to the point of where you unable to pay all the bills you have you may want to consider this option.<span> </span>With this type of bankruptcy a business can reorganize their debts.<span> </span>Hopefully with this reorganization they should be able to make payments and keep their small business running.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;color:black;"> </span></p>
<p class="MsoNormal"><strong><span style="font-family:&quot;color:black;">An Attorney</span></strong></p>
<p class="MsoNormal"><span style="font-family:&quot;color:black;">Most of the bigger corporations out there will usually have a lawyer or a few lawyers on their payroll to handle these problems.<span> </span>But most likely if you run a small business you will not have a lawyer on your payroll.<span> </span>But they shouldn’t be that hard to find.<span> </span>Open up the yellow pages or go on the internet and do a search engine search for bankruptcy lawyers.<span> </span>Talk to a few before you make your final decision, this isn’t going to be a cheap undertaking by far.<span> </span>Just to file for a chapter 11 bankruptcy it will run you over $1,000.<span> </span>That doesn’t even include the fees that your attorney will charge you.<span> </span>But it’s really important to get an attorney to make sure all the records that are needed by the court are filled out and filed correctly.<span> </span>This is why you need to see a few <a href="http://www.tampabankruptcyattorney.org/">Tampa bankruptcy attorneys</a> and see if you can get the best fees possible.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;color:black;"> </span></p>
<p class="MsoNormal"><strong><span style="font-family:&quot;color:black;">Paperwork</span></strong></p>
<p class="MsoNormal"><span style="font-family:&quot;color:black;">There are certain things the courts will ask for with a person who runs a business they will need to provide not only the business information, but also they need to supply their personal financial information.<span> </span>Another reason why you should hire a lawyer, they know ins and outs that might help you out in filing the bankruptcy.<span> </span>With the information you will need both the assets of your business and personal assets, liabilities of both.<span> </span>How much you make and what you pay out, again for both business and personal.<span> </span>To find out more specifics of what you will need to provide you can read up more on the internet or you can call an attorney. Several attorneys will most likely meet with you for the first time for free.<span> </span>So get to looking if you feel you need to take this step.<span> </span>Make sure you take the step after much thinking.<span> </span>Don’t wait too long though, you may not be able to try and save the business even once your bills are reorganized.<span> </span>With all the paperwork ready your attorney will be able to file your petition for bankruptcy, than it’s only waiting for court and the judgment.</span></p>
<p class="MsoNormal">
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		<title>Finding a Criminal Attorney to help you</title>
		<link>http://legalcatch.wordpress.com/2009/04/01/finding-a-criminal-attorney-to-help-you/</link>
		<comments>http://legalcatch.wordpress.com/2009/04/01/finding-a-criminal-attorney-to-help-you/#comments</comments>
		<pubDate>Wed, 01 Apr 2009 20:13:36 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
				<category><![CDATA[Criminal Law]]></category>

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		<description><![CDATA[If you have been in trouble and find yourself facing criminal charges? If you’re innocent you should find an attorney right away. But if you’re guilty you should also locate an attorney who handles criminal law. With an attorney you may be able to get a better deal and not serve as much jail time.
 [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2839&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p class="MsoNormal"><!--[if gte mso 9]&gt;  Normal 0   false false false        MicrosoftInternetExplorer4  &lt;![endif]--><span style="font-family:&quot;">If you have been in trouble and find yourself facing criminal charges?<span> </span>If you’re innocent you should find an attorney right away.<span> </span>But if you’re guilty you should also locate an attorney who handles criminal law.<span> </span>With an attorney you may be able to get a better deal and not serve as much jail time.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">Finding a good <a href="http://www.driverlawfirm.com/practiceareas/overview.html">criminal attorney</a> isn’t too hard most cities will have a bunch of choices.<span> </span>But if you live in a little town, you may not find as many attorney’s to make a choice between.<span> </span>One of the biggest things you should make sure is the fees that the law firm you choose will charge you.<span> </span>If you don’t have a lot of money this will be a tougher decision, you can ask if they will accept payments too for their services.<span> </span>Most law firms will try and work with you in order to help you out.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">Facing criminal charges is tough enough, your friends and loved ones will be worried about you, and you will feel the pressure of trying to prove that you didn’t commit the crime.<span> </span>Or trying to get an attorney who can present the case in a way that may in fact get you out of the charges.<span> </span>A lot of people out there think if you’re guilty you should be made to face justice.<span> </span>But maybe you had nothing to do with the crime, but were only in the wrong place at the wrong time.<span> </span>That could make you look guilty, but you didn’t do anything.<span> </span>With a great criminal attorney on your side they can make the jury see the case for what it is.<span> </span>Explaining everything in a way that will prove that you had nothing to do with the crime you were charged for.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">Working with your <a href="http://www.driverlawfirm.com/">DWI lawyer you can tell</a> what happened and let them know if anyone was around who can prove you weren’t part of the crime.<span> </span>You will need to find a lawyer who can focus on your case, giving it all the attention it will need.<span> </span>One who when you call to ask a question will either answer it right away, or find the answer for you within a 24 period.<span> </span>Communication is a big plus when you are facing any kind of charge, but a criminal charge that may find you spending a large number or years in jail it’s even more important than every.<span> </span>Don’t settle on the very first attorney who you contact, but check a few different ones and see who you feel will handle your case better.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">Comparing is a very important thing when you dealing with something as serious as criminal charges.<span> </span>Try to find a criminal attorney who has a great win record, and one that you feel will give you case all the attention it deserves.<span> </span>Don’t make ridiculous demands though only ask for what any attorney would give your case.<span> </span>Find one that puts your case as a top priority.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">**This is not legal advice. Please consult with a local attorney about your specific case.**</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">This article was provided by Gerrid Smith and sponsored by the Driver Law Firm in Raleigh, NC. </span></p>
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		<title>Bankruptcy Laws</title>
		<link>http://legalcatch.wordpress.com/2009/04/01/bankruptcy-laws/</link>
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		<pubDate>Wed, 01 Apr 2009 20:11:14 +0000</pubDate>
		<dc:creator>Lawyers Attorneys</dc:creator>
				<category><![CDATA[Bankruptcy Law]]></category>

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		<description><![CDATA[There are three different bankruptcies that are available to people out there. Chapter 13 allows you to reorganize your bills and at times even pay around 50% less on the bills that you owe. You can see how this would help you out if you are running short on money. If you are thinking about [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=legalcatch.wordpress.com&blog=532784&post=2836&subd=legalcatch&ref=&feed=1" />]]></description>
			<content:encoded><![CDATA[<div class='snap_preview'><br /><p class="MsoNormal"><!--[if gte mso 9]&gt;  Normal 0   false false false        MicrosoftInternetExplorer4  &lt;![endif]--><span style="font-family:&quot;">There are three different bankruptcies that are available to people out there.<span> </span>Chapter 13 allows you to reorganize your bills and at times even pay around 50% less on the bills that you owe.<span> </span>You can see how this would help you out if you are running short on money.<span> </span>If you are thinking about filing for Chapter 13 bankruptcy you should find an attorney who will help you out.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><strong><span style="font-family:&quot;">Filing</span></strong></p>
<p class="MsoNormal"><span style="font-family:&quot;">Most of the time when you file for Chapter 13 bankruptcy you won’t even need to go in front of a judge.<span> </span>When you file the petition with the clerk of court you will need to pay fees for the filing.<span> </span>The filing fee will run you $235, plus another $39 for an administrative fee.<span> </span>It’s not near as much as a Chapter 11, but a bit more than what a Chapter 7 will cost you.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><strong><span style="font-family:&quot;">Why File a Chapter 13?</span></strong></p>
<p class="MsoNormal"><span style="font-family:&quot;"><a href="http://www.nolo.com/article.cfm/ObjectID/1FF752C2-0C80-4539-8B159557A55CC17D/catID/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/FAQ/">Filing a Chapter 13</a> is a good idea for those people who have the money to be able to pay on their bills.<span> </span>If you are just running a bit short each month filing a Chapter 13 will let you reorganize the bills and give you a lot longer time to pay off the bills.<span> </span>You will need to provide a listing of your creditors and their addresses to provide the court with.<span> </span>Also how you will pay back the bills; this is where the attorney’s help will come in handy.<span> </span>With the attorney who has handled these types of cases before they will know how to file these forms and have them set up in the right way.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><strong><span style="font-family:&quot;">Finding an Attorney</span></strong></p>
<p class="MsoNormal"><span style="font-family:&quot;">When you go looking for an attorney to help file your Chapter 13 bankruptcy, you should compare several.<span> </span>Don’t pick the first one that you talk too, some attorney’s may not charge as much to take your case.<span> </span>While some others will accept payments for their fee, the only catch you will have with this is they will not file until you have fully paid their fees.<span> </span>But once you have hired them, you can refer the collection calls to their office.<span> </span>So it’s not a bad deal at all.<span> </span>Check in your yellow pages you will see pages and pages of <a href="http://www.jodatlawgroup.com/">attorney’s that only deal with bankruptcies</a>.<span> </span>Of course you should pick one of those.<span> </span>Call them and ask about their fees and see if they accept payments.<span> </span>Sometimes you might want to meet with them in person too.<span> </span>This will give you the opportunity to see how the attorney is in person.<span> </span>Make sure you have no problem communicating with them, and that you feel comfortable talking to them.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><strong><span style="font-family:&quot;">Paying your Creditors</span></strong></p>
<p class="MsoNormal"><span style="font-family:&quot;">Like stated above you will need to come up with a payment plan, and provide financial records that will show that you will in deed be able to pay the plan that you have set up.<span> </span>Each month you will send the check in the amount agreed to in to the trustee who was assigned to your case.<span> </span>The trustee will than split up the check and send the payments to the right creditors.</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">** This is not legal advice. Please consult with a local attorney regarding your specific situation.**</span></p>
<p class="MsoNormal"><span style="font-family:&quot;"> </span></p>
<p class="MsoNormal"><span style="font-family:&quot;">About the Author – This article was provided by Gerrid Smith and sponsored by the Jodat Law Group in Sarasota, FL. </span></p>
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