Tuesday, April 27, 2010

What Is Estate Planning?

The definition of Estate Planning is easy: it is a plan for your estate.  Your estate is what you own; it is your stuff. 

If you become mentally incapacitated, perhaps by accident or illness, you can no longer manage your stuff.  You can't buy or sell what you need, pay you bills, or file your taxes.  Someone will have to do this for you.  If you plan for this with Powers of Attoney or Trusts, you get to choose who helps you manage your stuff.  If you don't, a judge will choose someone for you after an expensive court proceeding.  You may not agree with the judges choice and it may be a stranger who is charging you hourly.

When you pass away, the ownership of you stuff must pass to someone else (sorry).  If you plan in advance for this, you get to choose who gets what, when they get it and how they get it.  You even get to avoid taxes that will be due if no planning is done.  You can do this by getting a Will or Revocable Living Trust.  You can also control who gets what with beneficiary designations such as with life insurance and retirement accounts.  Bank accounts can be designated Payable on Death (POD) to your beneficiary.  You can also own an asset jointly with someone else so that they become the sole owner if you die.  If you do not plan in advance, the law sets forth who gets what.

A typical Estate Plan may have a Will, Trust, Financial Power of Attorney, Healthcare Power of Attorney and a Living Will.  This planning is really not so much for you but for your loved ones.  If you have an Estate Plan, check to see if it needs an update.  If you don't have a plan, get one.  Your loved one's will thank you someday.

Tuesday, April 20, 2010

What Does A Personal Injury Attorney Do?

Personal injury attorneys specialize in helping clients who have suffered a physical, emotional, or mental harm and believe that another party is responsible for that injury.

Although most commonly associated with car accident cases, personal injury attorneys also handle slip and fall cases, defective products, assault injuries, and work and home accidents. Some Personal Injury Lawyers also handle workers compensation cases, asbestos litigation, and even hospital and medical malpractice suits because the burden of proof in those suits is similar.

Under the law, the plaintiff in a personal injury suit may recover monetary compensation when they are hurt if they can prove that the defendant is liable for it. The standards for liability differ from state to state, but generally a person suing is required to prove that the defendant's action or inaction was the primary cause of the plaintiff's harm. To prevail in a lawsuit, the plaintiff must prove that the defendant's negligent or malignant actions are the proximate cause of the plaintiff's injury and that the defendant had a legal duty to act more responsibly.

For instance, in a car accident suit, the plaintiff is required to prove that the defendant's behavior caused the accident and that the plaintiff was injured as a result of the car crash.

Friday, April 16, 2010

Who is a business lawyer?

Genuine businessmen know for certain how vital the role of a lawyer is to any kind of business. A business attorney specifically provides an in depth guidance right from the start.

The Business Lawyers or business attorney is beside you as you ponder on the type of business that you would intend to start on. He will then guide you as you go through the steps of establishing your business and most particularly with that of obtaining all legal necessities such as the permits, licenses, and all other legal matters.

Remember that the absence of any single legal requirement may lead to the closure of your business. Hence, as defined, the business lawyers will be your mentor in correctly handling your business every step of the way.

If your company needs the help of a business lawyers attorney, visit Torontobarristers.com today to learn more.

Friday, April 9, 2010

What Is An Estate?

As an estate planning attorney, the term "estate" has a specific meaning to me.  Yet I am constantly reminded that the term "estate" often means something else to others.  For example, prospective clients often say to me "I don't need estate planning, I only need a Will". 

What does the word "estate" mean to you?  I used to picture a mansion in the English countryside surrounded by a large well manicured lawn behind an iron gate and brick walls.  Law school changed that meaning for me. 

Your estate is simply what you own in your own name or jointly with others.  So your estate may include a house, car, bank accounts and investment accounts like mutual funds or other stocks and bonds.  Your retirement plan, such as an IRA or 401k is part of your estate.  The value of your insurance policy is part of your estate even though someone else is getting the money.  Other estate assets are debts owed to you and the value of any business you may own.  Your estate even includes your "stuff" like the contents of your home.

So we all have an "estate".  You can plan ahead to decide what should happen to your estate should you die or become incapacitated.  There is a term for planning ahead like that, wait ... it is on the tip of my tongue ... Estate Planning!

Wednesday, April 7, 2010

Litigation Lawyers - Their Area of Practice

Litigation lawyers take up civil lawsuits that are brought before courts involving two parties in which one is a complainant and the other is a defendant. The process of filing a lawsuit in a court of law is called litigation. The person who files the lawsuit is called complainant or plaintiff as he/she seeks legal remedy for the action of the defendant.

Area of Sphere of Litigation Lawyers
Litigation lawyers take up cases involving dispute resolution of private law, conflict between individuals, between business entities and non-profit organizations. They may even take up cases involving government at one side and a private individual or entity at other. If you have been aggrieved due to certain government action and want to file a lawsuit for the injury, you can take help from a litigation lawyer.

Simply put, cases not involving criminal law are taken up by litigation lawyers. Their legal expertise helps you to fight your cases and get a fair judgment. These lawyers have knowledge and skills in civil rights laws involving civil issues such as business, personal injury and employment.

Notably, all civil disputes need not culminate in lawsuits. Even in such cases, litigation lawyers would prove helpful in negotiating a settlement outside court.

Qualities of Good Litigation Lawyers

The field of civil litigation is very large but the usual practice is that a litigation lawyer specializes in one area of civil litigation. Before hiring a litigation lawyer, it is best to assess his/her training and experience in the field related to your case. A good litigation lawyer is one who:

- Is capable of initiating negotiation processes before things go out of hand and reach a trial process in a law court in proper manner.

- Is competent to negotiate with good faith and looks after the client's interests properly.
Has the ability of communicating the legal intricacies to the clients.

- Is capable of communicating and interpreting decisions of the court in proper manner.

- Is persuasive and knows how to persuade the opposing counsel, jury, judge and client.

- Should also be fair, honest and reasonable in charging the clients for the legal services.

Hiring a litigation lawyer can be a costly affair in Australia. If you are in need of an effective litigation lawyer at an affordable price, consult with Rosendorff for successful resolution of litigation cases.

Source : Ezinearticles