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Family Law Attorney

What Is a Theory of the Case for a Lawyer?

The theory of the case is what the lawyer believes is the most logical conclusion of the case which one can draw from all of the undisputed and disputed facts that he or she anticipates going to be placed before the court during the trial. The Lawyer will argue in the closing address that the evidence heard during the trial logically supports the theory and are consequently, his or her client’s case is the one most worth believing. Developing a case theory is one of the most important tasks for a lawyer to undertake because it gives a lawyer direction to all the strategy and tactics that he was she will the doctrine of preparation and presentation of the stages of the case. It will identify a number of factors such as what submissions are going to be majoring the closing address, what facts are undisputed, what facts are really an issue, what evidence in chief is going to be relevant and what areas of the opponents evidence will need to be challenged in cross examination. It therefore saves time effort and costs as a result of been able to focus on the real issues.
The first steps in the development of the case theory a win instructions are received in the matter. An enormous amount of intelligence gathering has to be carried out though before effective case theory can be established. In a civil case, for example, the information can come from an array of areas such as Prince of evidence, pleadings, particulars, discovery in a derogatory is, notices to admit, subpoenas and viewing scene. The lawyer may also have to sift through plans, photographs, reports, films, videos, technical instruction manuals, technical and scientific publications and so on the floor being able to come up with an effective case theory. It is important understand how your lawyer is working on the theory of the case, because this will help you understand what is actually relevant to the real issues in the trial of your civil or criminal matter.…

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Legal

Personality Disorder Clusters

A personality disorder is a set of deeply ingrained thoughts and behaviors that seriously interfere with a person’s ability to work, form relationships, and enjoy life. These behaviors are usually present in childhood or adolescence, and must continue into adulthood before a diagnosis can be made.

These disorders differ from most other psychological disorders because the symptoms begin at a young age and exist consistently throughout a person’s life (many other disorders will occur in “episodes” that may come and go, or even disappear over time). In addition, these disorders are often more difficult to successfully treat than other conditions.

The American Psychological Association currently recognizes a total of 10 of these disorders. They are grouped into three “clusters” based on characteristics that certain conditions share. These clusters are:

Cluster A (Odd or eccentric) – People who suffer from these disorders are often highly unusual in their appearances, actions, and / or speech patterns. The paranoid, schizoid, and schizotypal disorders are included in this cluster.

Cluster B (Dramatic or erratic) – People with these disorders are often unusually harsh or dramatic in their speech and / or behaviors. This cluster includes the narcissistic, histrionic, borderline, and antisocial disorders.

Cluster C (Anxious) – The people n this cluster often experience intense anxiety that is not proportionate to the events that provoke it. This cluster includes the dependent, avoidant, and obsessive-compulsive disorders.

Unfortunately, people with one of these disorders rarely seek treatment on their own, because they are sometimes unwilling or unable to acknowledge that they have a condition. Even with treatment, patients are often highly resistant to changing their thought patterns or behaviors.

This, in addition to the fact that such disorders are poorly understood by doctors, means that people with these disorders do not always recover from them, although many do learn to control their symptoms and behaviors. Talk therapy, behavioral therapy, and medications can all help people manage their disorders.…

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Law School

An Immigration Adviser Has Been Spared Jail Sentence After he Offered Services Post Cancellation

Muhammed Shakoori, 61, was fined 500 in June 2010 for running an immigration business illegally from his home in Rusholme.

His license was revoked in October 2009 but he continued to work as an adviser. The father wrote two letters charging 700 and offering services to a Jamaican national, Alphonso Bartley, who had been refused a visa to remain in Britain.

The first was penned in November 2009, just a month after Shakoori’s licence had been removed, and the other in 2010, just three months after he had been convicted of two immigration offences.

The court heard that Shakoori had advised Mr Bartley to seek a judicial review over the refusal to allow him to remain in Britain.

Shakoori, of Dickenson Road, pleaded not guilty to providing immigration services when not qualified to do so but a jury convicted him following a trial. He was acquitted of a second count of providing immigration advice when not qualified to do so.

He was given a six month suspended prison sentence at Manchester Crown Court. The Recorder Suzanne Goddard QC told him that he was notified about his license being cancelled on October 14, 2009 and the first letter that he wrote to a client after the date of cancellation of his registration was well within the knowledge that he could not represent any client.

The second letter in issue which was written on September 27, 2010 was actually past his conviction before the crown court and by which time he should have known that he could not engage in these activities for sure in any shape or form.

The court heard that during the investigation when two immigration officers went to his premises at Dickenson Road he was seen gathering up documents inside the premises after the doorbell had been pressed and putting them into a briefcase and taking it upstairs and then lying that he didn’t have a briefcase.

When the officers tried to gather the items together to try to take them away he had snatched that bundle off her and actively tried to stop those two officers from carrying out their duties of executing the search warrant at his premises.

She cautioned him from carrying out any immigration services at all whether paid or unpaid saying that he would be brought back to court and he would face prison sentence.

An electronically-monitored curfew was also imposed on Shakoori for 28 days, during which time he must remain inside his home in Rusholme between 7pm and 7am.

He was also ordered to pay 250 compensation to Mr Bartley and 500 towards prosecution costs.

He said he may take his case to the European Court of Human Rights.…

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General Article

Expat Taxes May Be Lower But Require Extra Care

Expat Taxes May Be Lower But Require Extra Care

US citizens who move to a foreign country to reduce their living expenses often find that their expat taxes are lower than when they lived in the States, at least the taxes they must pay to the United States government.

That’s because the IRS allows hefty income exclusions for US citizens living overseas that can result in significant tax savings. The agency has specific rules governing income exclusions, however, and these rules are not always easy to understand. Due to their length and complexity, it takes hours just to read the IRS regulations for expat taxes.

What those regulations spell out is a generally favorable tax system for expats, but one that requires careful study and a thorough understanding.

The responsibility of a US citizen living abroad to file timely US tax returns never ends as long as that person retains their citizenship. The amount of expat taxes due depends to a great extent on the taxpayer’s ability to qualify for what is called the foreign income exclusion. The expat taxpayer must establish foreign residence by meeting the requirements of either the bona fide residence test or the physical presence test in order to qualify for the “tax free” income exclusion, which is currently the first $91,000 of income for expats.

Determining whether an American living in a foreign country can earn up to $91,000 “tax free” often requires professional expertise. A CPA firm that specializes in expat taxes is the safest bet for a US citizen living abroad who wants to minimize his or her tax liability while complying with all US tax laws.

One blog in particular, accessible and written by CPAs and legal professionals with extensive experience in Expat Taxes, is a valuable introduction to the complex world of tax liability for Americans living abroad.

Sometimes American expats wonder, “Why should I pay any taxes to the US at all if I’m not even living there?” It’s important to remember that as long as a person holds US citizenship, he or she still enjoys all the protections that go along with that citizenship, regardless of where they choose to live. With careful and informed calculation of one’s expat taxes, living abroad as a US Expat can prove to be a pretty good bargain for the savvy.…

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General Article

IRS Tax Attorney: For More Than Just the Beginning of the Year

IRS Tax Attorney: For More Than Just the Beginning of the Year

Anyone who works has to deal with taxes. Income taxes are filed at the beginning of the year, every year. Most people think that this is the only time they will ever need the services of an IRS tax attorney, but that isn’t always true. Tax lawyers, like every other lawyer, are available for help year round. And they can offer a lot more help than just filling out tax forms at the beginning of the year, though that happens to be their busiest season. Millions of people will flock to an IRS tax attorney during tax season to ensure that they are filing their taxes the correct way, they are getting all of the deductions they need, they are following all of the laws they are supposed to, or any of hundreds of other tax-related questions. During the eight and a half months that aren’t tax season, they are available to help with a variety of other questions that arise.

Any IRS tax attorney has to keep up with the latest tax laws. Anyone who has even glanced at the stack of tax law books can testify that that is a lot of information to take in. Every year, congress passes amendments, changes, and new laws to the existing tax code. Quite a bit of the time, these changes are directly related to the filing season of the next year. Consulting a tax attorney throughout the year can help prepare for this never ending cycle by giving advice on how best to handle financial transactions. Something that was the best thing to do one year as far as an investment may not be ideal in the current year. Changes in household size or income can affect taxes paid out also. Attorneys who deal with taxes can help make these decisions during the year.

Not everyone who files taxes receives a refund. Sometimes, a person filing may get hit with a rather large amount of money that they have to pay back to the government. Most people don’t have that kind of money just lying around to give to the IRS. An IRS tax attorney can help set up payment plans that fit the individual’s needs in order to be compliant with the government without breaking the bank. If things begin to look really bleak, tax lawyers can also help an individual (or company) settle their debt to the IRS. Much like any other debt, tax debt can be negotiated to a lower amount, saving the person paying a lot of money in the long run. Ask a lawyer if they can help consolidate and settle large tax bills in the off season.

The IRS has the ability to audit a person’s taxes when they are filed too. This can be a fairly scary thing to have to face. No one wants to detail everything they have made and spent during the year with a person who works for the government. An IRS tax attorney can help in this matter too. They can give advice to help expedite this process and ensure that no laws are broken when reporting to the auditing agent. Often, the attorney will appear on behalf of the person being audited, saving them the time and hassle of showing up themselves. This can be a tremendous help to anyone being audited.

An IRS tax attorney is an unsung hero of today’s society. If a person ends up having to pay taxes at the end of the year, it is often blamed on the attorney, yet if a large refund is paid out, the person who filed usually brags about how well they did. Tax lawyers don’t worry too much about taking blame for misfortunes happening. They are in the business to help insulate and protect people from the IRS. The most important thing to keep in mind though, is that they are there all year long. It is always best to utilize their services in order to remain protected, even if they aren’t given the credit for it.…

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Statutory

Finding Free Legal Motoring Advice Online

The need for legal advice seems to be with us pretty constantly these days. It may be a property matter or our rights under certain circumstances or perhaps a finance problem as well as motoring issues. It seems that we are always in need of some type of information.
This information is now readily available to us all with the development of the internet, which is often the first port of call. It is a source of knowledge that over the years most of us have learned to trust and rely on. However the area of the law is not one of the most well covered topics and although there are some excellent resources the legal sector is perhaps less well covered than many other business topics.
As long as you know where to look information on motoring law is easy to find. The area of motoring law is something we often need advice on and going to see a lawyer can become an expensive exercise so the internet may well be our first choice for guidance. If from that guidance we are advised to see a lawyer then we will do so. More often we know other people, that may have had a similar situation and they are able to provide information for us that may be very suitable.
Legal forums online may be just the answer you are looking for. Many of these sites are free and will have qualified lawyers and attorneys available to provide information and advice. The sites that make charges for the services are of a higher level and provide a more in-depth service. These legal forums allow for the trading of different experiences and solutions that others have found. Information can be seen on fines that have been paid for certain offences together with loop holes that have been used to by-pass the system. These are freely available to be shared with those needing this information and guidance. Questions can be left and an answer will be forwarded by one of the forum’s experts.
There are a few other places apart from the forums to find free legal motoring advice online. Some sites are dedicated to driving issues or motor accidents and driving infringements. Finding them is the key but with a little effort and persistence you will be able to make contact and find the information you need or leave a question.…

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Lawsuit

US Immigration Attorney Gehi Says About Basics of AC21 And Labor Immigration Law

What is the American Competitiveness in the Twenty-First Century Act of 2000?

The American Competitiveness in the Twenty-First Century Act of 2000 (also known as AC21) allows for a 3-year extension of an H1-B visa if the candidate’s I-140 has been approved and there is no visa number available immediately, according to Section 104(c).

What is Premium Processing (PP)?

I-140 Premium Processing is available was made available March 2, 2009. It is only applicable to H-1B beneficiaries who faced with the prospect of an expiring H-1B visa. Only H-1B beneficiaries are eligible to request premium processing at the time of filing.

Who is Eligible?

Candidates must be beneficiaries of I-140 petitions, in a category of preference that is designated for premium processing service, must have reached the six-year limit of their H-1B visa stay or will reach the limit within 60 days of their filing, must adhere to section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), and must be ineligible for extension of their H-1B status under section 106(a) of AC21.

What Documents are needed?

According to USCIS standards, petitioners must have copies of all I-94, I-797, H-1B, L and Arrival/Departure Records that have been issued to them, a copy of the Labor Certification Approval Letter, as issued by the Department of Labor (only if applying using the EB-2 and EB-3 classifications), and a copy of the I-140 Form petition receipt notice if the form had been previously filed.

What are the Consequences of the New Premium Processing Standards?

Previously, only H-1B holders whose status was set to expire within 60 days or less were eligible to apply for premium processing. Now, individuals have the option of applying more than 60 days in advance of their H-1B expiration, or after their H-1B visa has already expired. This allows for more eligible candidates for the processing program and expands its purview.

Naresh M. Gehi is an Immigration Attorney at Immigration Law providing best Immigration Services US with two offices located in New York and Queens . For assistance in immigration matters, please call (718) 263-5999. For immediate suggestions to your immigration and bankruptcy problems attend Conference Calls on every Saturday 4PM hosted by US Immigration Attorney, Gehi.…