Seeing things from a Different Angle

August 15, 2015

Power of Attorney

According to the Law Office of Michael Dreishpoon, a Power of attorney is legal documentation of a relationship between two parties. The primary party is authorizing the secondary person to act on his/her behalf in certain matters. Power of attorney can be broad, authorizing access to personal records or other representation- or can be limited, and specify the roles that the secondary party can play. This is known as limited power of attorney.

Make a Plan

Before you write up a power of attorney document, you will want to discuss the powers and come to an agreement between the two parties. Unless you’re creating a general power of attorney, the powers will need to be written out as well as limitations or conditions to those powers.

Identify the Primary and Secondary

When writing up the power of attorney document, you’ll need to specify the parties involved, like a queens criminal lawyer for example. The requirements for identifying the primary vary from state to state, but at least his/her name and address should be specified. Other information that may be necessary include his/her social security or tax identification number. In most cases, the secondary can simply be identified with a name and address.

Specify the Powers Granted

Once the parties have been identified, you need to make a list of the specific powers being granted. These powers should be described in as much detail as possible, using broad enough language so that it does not tie the hands of the secondary, but specific enough that it limits their powers as well. You can do an online search for sample forms or visit a queens ny personal injury lawyer.

Specify the Time Period

If the power of attorney is meant to be for a limited time, the date of expiration must be specified. If there are conditions for which the power of attorney would be dissolved, those must be specified as well. Keep in mind that it is possible to revoke power of attorney at any time, so be sure to have an understanding of the time period granted from the start.

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July 30, 2015

Small claims court

If you have a small-value case, the expense of a lengthy lawsuit can keep you from filing. According to, Michel Fontaine Criminal Lawyer, he says this is why states have created small claims court. These are special court procedures created so that plaintiffs with these small-value cases can still use the justice system. This includes those homeowners who wish to sue a contractor who had hired them for maybe say, Winnipeg mold removal, but were left with mold still in their homes. In most cases, small claims court is a short, less formal procedure and you’re not required or expected to have an attorney.

Who is Allowed to Sue?

The laws in your state will determine the types of cases that qualify to be seen in small claims court. In most cases, any competent adult is able to sue in small claims court. If a homeowner had a home repair contract with a contractor and he/she did not do the job as stated, they can sue. If the home is jointly owned, both homeowners will be listed on the paperwork. Additionally, businesses can sue in small claims court, represented by their employees.

Filing Your Case

In order to begin your small claims court case, you will need to file a form with your local court. If you’re suing a contractor, the form will have a place to put your information as the plaintiff, and a place to list the contractor as the defendant. You will also need to write a statement of what happened and how much you’re claiming as damages due to the actions of the contractor for your criminal attorney to see. Then, you will need to arrange for the contractor to be served with the papers- either private process server or the sheriff’s department. A hearing date will be set.

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Prove Your Case

Juries are not usually permitted in small claims court. Instead, the judge will hear the evidence presented by both the plaintiff and the defendant. The hearing will be short, so it’s good to make sure you know exactly what you’re going to say, make sure you bring your witnesses, and any documentary evidence. You may have to provide the court with copies of the evidence. Additionally, attorneys are not typically permitted in small claims court, but you can obtain one to get some guidance in preparing.


If the judge decides in favor of the plaintiff (the homeowner), the defendant (contractor) will be required to pay the homeowner a set amount, ordered by the judge. Procedures for collecting the judgment will vary according to state. In some states, both the plaintiff and the defendant can appeal the judge’s decision.

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May 7, 2015

When you find yourself in need of a philadelphia criminal lawyer, you have two choices: you can hire one or you can have the courts appoint one to you. If you currently have an attorney representing you that you feel is not handling your case correctly, you will need to release or fire him/her before hiring another one. You shouldn’t have to pay for an attorney that is not representing your best interests, after all. However, before you fire your attorney, you will want to consider the complications it may cause. Criminal issues are very serious and releasing your attorney may not be the best decision.

Talk to your attorney.

Before releasing him/her, schedule an appointment to talk it over with him/her. If there has been a miscommunication, maybe you can clear it up. Most lawyers will work with you to try to resolve the issue.

Keep in mind that if your attorney is court appointed, you may not be able to fire or release him/her. You will need to prove to the courts that he/she is not doing a proper job. The judge will most likely not let you switch without a really good reason.

If you plan to hire an attorney and currently have a court-appointed one, you can release him/her at any time. You do have the right to hire private counsel. Just call the court appointed one- in most cases, they will be willing to exchange information with your new attorney. Just ask Montoya Shaffer.

Tips to Fire a Private Attorney

Read Your Contract

When you want to fire your private counsel, you need to look over the contract. A contract should have been provided to you when you hired representation. Of course, you can fire an attorney for any reason at all. Be sure to read the contract regarding fees. Depending on the amount of time that has been invested, you may not be entitled to a refund.

Notify the Attorney

firedOnce you’ve decided to fire your philadelphia criminal lawyers, you need to let him/her know immediately. You don’t want them to keep working on your case. Depending on where you are in your case, you may need to get a copy of your file for your new attorney. This may take a few days, so do it as soon as possible.

Hire a New Attorney or Request a Court Appointed One

If you are firing your private counsel because you can no longer afford them, contact the Public Defender’s office to request court appointed counsel.

If you’re hiring other private counsel, you should do so right away. Delaying this will look bad to the courts. If you hire and fire attorneys too many times, the court may not allow it, depending on the status of your case. They may see it as you trying to waste time and/or resources.

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March 20, 2015

Filing Contempt Charges

One thing is for sure, the arguing between spouses does not stop even after the divorce is finalized. For example, if the child support or child custody matters aren’t to the liking of one party, he/she may not want to comply. When this happens, you can file a motion with the court that they be held in contempt says one of the top Immigration Lawyers Denver. The court will be able to impose penalties when it is shown that a party has willfully failed to follow the court order. Though in most cases, you may benefit from hiring Denver Attorneys for this process, in some states, there are standard forms and instructions offered so that you can bring it to court yourself.

Get the paperwork.

You will want to see the court clerk and get the paperwork- or you can type it up yourself. Some states have fill in the blank forms available along with instructions on how to fill it out. You will need to be sure to include your case number, yours and your spouse’s names, and the name of the court.

Explain the original order.

In your filing contempt charges, you will need to briefly explain what the original order requires. For example, if your spouse is required to make child support or alimony payments or if custody arrangement required that they drop the child/children off at a specific time.

Explain the violation.

In detail, explain how your spouse is purposely violating the order. If he/she has failed to make payments, mention the date of the last payment and how much is currently owed. If your spouse has consistently been late dropping the child/children off, note the dates and times.

Mention the relief requested.

If you’re requesting relief from the court, explain what relief you’re requesting. Examples would be garnishing their wages or even incarceration to pressure them to pay.

Obtain and complete other paperwork.

In some states, you’ll be required to fill out accompanying paperwork such as a Summary Sheet and a subpoena, which “commands” your spouse to participate in the hearing.

File the motion.

File your contempt motion as well as any accompanying documents. After you file, you’ll need to provide a copy to your spouse. Most states require that the motion be delivered by a process server or a Sherriff.

Go to the hearing.

The court will schedule a hearing for you to present your evidence for the claims in front of the judge. Your spouse will be given the chance to defend his/her actions. The judge will either deny your request or grant your request and provide you the relief you seek.

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January 27, 2015

You’ve started a new business and you’re not sure whether you should incorporate or not. You should know that a corporation is a legal body that is created by one person or by a group of shareholders in a company. A corporation is separate from its shareholders. Incorporating your business is very important because it will protect the shareholders from litigation or debts. The corporation is free to conduct business, to create contracts, and also to sue- and to be sued- separate from its owners. When considering whether or not to incorporate your business, there are a few advantages and disadvantages you should keep in mind.

Advantage #1

One of the primary advantages to incorporating is the fact of limited liability. This will offer protection from the business owners. A corporation is independent of its shareholders and their personal assets. So, if someone sues the company, the assets of the owners will not be considered.

Advantage #2

Since it is a separate entity, transfer of ownership is easy. Ownership of a corporation can be transferred without having any effect on the business. When, and if, a shareholder opts to sell his/her shares, the corporation will continue.

Advantage #3

When it comes to corporations, it is much easier to raise new capital. Stock structures of corporations are much more attractive to potential investors. Additionally, the ability to issue the shares is much easier.

Advantage #4

In corporations, there is a centralized management structure. A board of directors is elected by the shareholders. The board then elects the officers to run the business.

Disadvantage #1

When you incorporate your business, there are too many expenses. When incorporating, you must pay fees. Additionally, the corporation is required to pay taxes. The shareholders then have to pay taxes on their dividends that they receive from the corporation.

Disadvantage #2

You have to keep lots of records and reports with a corporation. You have to file reports and tax returns on time on a regular basis. You must also maintain business bank accounts and records separate from your personal accounts and assets and you must keep records of corporate proceedings such as business meetings.


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