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Attorney

What Are the Duties and Rights of an Agent in Law?

The agency relationship between an agent in the principle is based on a contract between them and it is a fiduciary relationship. The duties of an agent to principle are to follow the principles instructions, to use reasonable diligence care and skill, to act in person, to act in the principles interests and not to disclose confidential information. The final element of the duty is to keep the principles money separate, to keep accounts and be ready to account for those monies were required. If an agent agrees to make a contract principle and is not make the contract they agreed, there is a breach of the contract between the principle and the agent and the agent may be liable in damages to principle.
Perhaps the most important and controversial area in relations to the agents duties is their duty to use due care, skill and diligence. An agent is under a duty to carry out its agency with these characteristics which arises from an implied term of the principle and agent contract. Also, the ever evolving law of negligence has a bearing on the situation and the warranties of due care and skill and fitness for purpose in relation to the supply of services implied by the trade practices legislation in Australia and unfair trading equivalence in the state jurisdictions in Australia. The standard expected of what is reasonable for an agent is defined in terms of a reasonable effort in the case of free services and means a professional standard of paid services. The agent may be legally liable Freni failings, shortcomings or mistakes. An agent will not be liable in negligence if they have verify the correctness of information or advice or if the agent is checked information with the principle. In agent it is not have the relevant information should disclose this fact to the principle and may avoid liability by honestly explaining limits of their knowledge. If you are in any way involved in a principle agency relationship in your business, it is certainly important to understand this principles of law so that you can apply them to your business relationships.…

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Attorney At Law

Legal & Accounting Information Online – Beware of ‘Accurate Misinformation’

Small offline businesses often operate on a shoestring budget, relying on getting by on personal credit cards and the like during slow times and trying to get them paid back down during the better times. Since almost every industry is cyclic in nature, this happens time and time again. As a result, small offline businesses often rely on the Internet for much of their legal, accounting and other needed information.
The risk these small offline business owners take is that they’ll often fall victim to ‘accurate misinformation’, a new phenomenon that has resulted from the world-wide scope of information online. The term accurate misinformation refers to information that is true and valid in the jurisdiction where it’s written, but is not necessarily applicable elsewhere. Hence it’s accurate in that locale and misinformation elsewhere.
Small offline businesses usually recognize that they can’t use the information from another country in their legal and accounting issues, but may well be misled by information applicable to only a part of the country they operate in. For example, rules pertaining to taxes, laws and by-laws can vary from state to state, province to province, department to department, and often even differ in each municipality.
Remember, small offline business owners and solo entrepreneurs are fairly savvy, or they wouldn’t be in business long in today’s challenging economic times. So most know to disregard the financial and legal information posted by non-professionals and that they should only follow the advice of licensed and accredited professionals. But they do run the risk of falling victim to accurate misinformation when it’s published by a legitimate professional, especially if the web page they’re reading doesn’t list the exact location of the firm or individual offering up that info.
As a small business owner you know you have to exercise caution and prudence in all aspects of legal and accounting practices – just be sure that prudence extends to avoiding accurate misinformation. No matter how tight the budget, find a way to get solid business, accounting and legal advice from licensed professionals in your own community – it’s the only way to be sure you’re operating in full compliance with the rules and regulations in place where your small business operates.…

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Civil Law

Ownership Cost for Vehicles: United States Supreme Court Affirmed Ninth Circuits Judgment in Ransom

In 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act or BAPCPA was passed by Congress and created the Means Test. The Means Test was created in an attempt to change a perceived problem with the bankruptcy system. The idea behind the Means Test was to take IRS standard deductions and compare them to the income of those in need of bankruptcy protection. The theory is that the Means Test would level the playing field and show if someone was spending too much money on housing, food, utilities, and if so, how much should they be spending to have money left over to pay their debts. The Means Test was designed to show that a person has disposable income to pay some of their debts back in a Chapter 13 bankruptcy rather than having all of the debts discharged in a Chapter 7 bankruptcy.
Since the creation of the Means Teses, many bankruptcy lawyers have included deductions in line 28 and 29 for “Ownership Deductions” even though the person filing for bankruptcy did not have a vehicle loan or lease for their vehicle. By taking this additional deduction a person filing bankruptcy can reduce their disposable income significantly and therefore have no disposable income available to pay their unsecured creditors.
On January 11, 2011, the United States Supreme Court upheld the Ninth Circuits judgment and held that the “Ownership Cost” in line 28 and line 29 of the Means Test may only be taken if the bankruptcy filer actually has a car loan or lease expense. If a person owns their car free and clear then they must not take the “Ownership Cost” deduction.
The issue in this case turns on the interpretation of the word “applicable.” What a mess one simple word could create. The moral of the story is when Congress is considering the language of laws to pass, they must make their intent clear and analyze each word they use when drafting new legislation. One word could make a huge difference. Contact one of our San Jose bankruptcy lawyers or San Francisco bankruptcy lawyers for more information about the Means Test.…

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Attorney

Why You Need To Hire A Business Lawyer

When starting up a business there are many legal aspects that the business owners do not even know about or consider. A business lawyer is needed to make sure the company is following the law and everything they do is within the limits of the law. The lawyer will also help make sure the business is protected from customers and make sure all IRS requirements are met.

Reasons to Hire a Business Lawyer

Government Rules and Regulations

The business ha to make sure that no laws are being violated. They also need to make sure the tax documents are filed correctly and all rules and regulations are followed. The lawyer will make sure that the business is operating legally.

Third Parties

When dealing with the general public it is important that a lawyer developed methods to help control the risk. People are always looking for a reason to sue and the lawyer needs to make sure the business is protected. The Dallas business lawyer will need to make sure all employee relations are conducted lawfully from hiring employees to fair pay. They also need to make sure all interactions with suppliers and policies are legal.

Co-Owners

When people get together to form a business they are on great terms. Things do not always stay this way. The lawyer will help lay down the rights and expectations of each owner upfront. This legal work is needed in case of future disagreement. The lawyer will also help to make the business incorporated or a legal business entity. They will also help with contracts with suppliers and others. They will also write up responsibilities and expectations for each owner.

Cost of a Lawyer

Some lawyers will work on an hourly basis. The fees will run between $350 and $800 an hour. The lawyer will need to complete paperwork and that does take time so be prepared to pay the lawyer an upfront fee that can be hefty.

Incorporating a Startup

When a business is starting up there are additional fees that they need to pay in addition to supplies and other common expenses. They will need to pay a lawyer to incorporate the business. This fee will cost between $2,000 and $5,000 based on the complexity of the business and the number of owners. It will also depend on if the business is going to be an LLC or a corporation and how they are going to handle specific business items.

Things to Look for in a Business Lawyer

Answering Questions

When just opening a business the owners are going to have a lot of questions. The lawyer should take the time to answer them, even if they may seem basic. This will help the owners get to know and get to trust the lawyer. If they do not want to be bothered that lawyer may not be the best one to hire.

Hidden Cost

A lawyer needs to be upfront about the fees. They should put all of their fees and service charges in writing. If there are hidden cost the clients will not be pleased and they will still have to pay this money. A good business lawyer is looking to offer services at a cost-effective price.

While hiring a lawyer for a startup business may seem expensive it is well worth this additional cost. The lawyer will make sure that the business is operating legally and have documents and policies set up to handle any problems down the road.

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Attorney At Law

Personal Injury Claims And What You Need To Know

Seeking advice on how to proceed with a personal injury case? This article is for you. When it comes to selecting a personal injury lawyer, the last thing you want to do is simply hire the first lawyer that you find. You need to keep certain things in mind.

A preexisting condition doesn’t mean you aren’t able to take legal action with regards to personal injury. However, it is important to let your attorney know if you have any preexisting conditions. You don’t want that surprised to show up in court!

When you are looking for a personal injury lawyer, ask your family and friends who have gone through similar experiences for a recommendation. By doing this, you stand a much better chance of finding a lawyer you can work well with and who will get the outcome you desire. You will need the best attorney to aid your case.

Never seek out a personal injury lawyer because you saw their advertisement on television. This will usually lead to a disaster. Research any attorney you want to choose. Failure to do so can lead to a lot of wasted money or being stuck with an incredibly inexperienced attorney.

Questionable lawyers often use flashy ads to bring in a large volume of clients, and should be avoided, regardless of how convincing their commercial is. On top of the bad stigma that surrounds over-the-top advertisements, it is difficult to gauge how sincere a lawyer might be based on a television advertisement alone. Meet them in person before hiring them.

Keep all of your medical files together when you are preparing your personal injury lawsuit. You should include any care instructions or other notes from your physician, receipts for any payments you make and receipts for any prescriptions or medical supplies you purchase. Save all emails from your doctor about your injury.

You’re hiring the attorney and paying for services, so you should then be treated respectfully and given time to ask questions. If you are dealing with lack of respect or lack of time to fully explain your case and ask questions, move on to someone else. Also, if you can’t reach them, you may need a new attorney.

If you have found a lawyer, you must get them to sign an agreement of services right away. That way, you will understand how the lawyer bills and you can avoid unpleasant surprises. Set up some payment schedules using this agreement and a procedure on how to end the client-attorney agreement if it does not seem to be working.

For a personal injury case, only hire lawyers who are experienced in personal injury! This will give you the best chance of winning your case. You want someone who has experience doing the type of case you’re getting into. If you don’t do this, you will be at a disadvantage.

The way you handle the legal issues of a personal injury are vital and can have long term consequences. Picking the right lawyer is one of those decisions. Weigh the above considerations very carefully. An educated, comprehensive decision is your best bet to win your case.…

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Barrister

Find The Lawyer You Need Today With These Tips

There is a very good chance you have little experience with legal matters. Most people are not well-versed in the law. Most of us end up needing a lawyer at some point, but it is often difficult knowing where to find one. The following article will help you with this problem.

A bad decision to make is picking the first lawyer who comes your way. Be certain you research properly, since there might be bad consequences if you don’t do that! Research all you can about the attorneys who interest you.

If you have been accused in a major crime, you need to find a lawyer immediately. Be certain that you never attempt to handle the matter on your own, as this is very dangerous. Lawyers have the experience necessary to take care of your situation.

Always know how to get a hold of your lawyer should you need him. If you’re unable to reach your legal representation, it will be terribly inconvenient. You don’t want to be left pondering the what if’s just because your lawyer is out golfing.

Everything you tell your lawyer will remain confidential. Stated in another way, if you talk about important information pertaining to your family business or other key issues, the lawyer cannot pass that data onto others.

It is vital that you don’t simply hire the first lawyer you come across! It is hugely important to research your choices to ensure you get the best. You may even find that you’ve hired a lawyer without a valid license or one who has been sued for malpractice. Be very cautious.

When meeting with your attorney, always ask questions. A good attorney will make sure to explain all of the details to you. If your lawyer is not doing a good job of explaining what he or she is working on, you should consider hiring someone else.

Inquire about the outcome of similar cases to yours. You will want to get someone who has a lot of wins in your cases. If this knowledge can’t be found online, don’t hesitate to ask your potential lawyer for any questions. He or she should be more than happy to provide you with these answers. Otherwise, run away!

Don’t give your lawyer an enormous retainer up front. When a lawyer wants a lot of money up front, make sure that anything left over will be returned to you. Try asking around since many lawyers will take smaller retainers and charge the difference.

The reputation of your lawyer is very important. Your local bar along with online reviews can help your determine if he is the best choice. That brings a positive outcome.

Prior to hiring an attorney, check for complaints at your local bar association. One or two complaints should not break a deal, but avoid those who have many complaints.

It can be hard dealing with legal matters. The information above will get you on the right track. The more knowledgeable about the process you feel, the better things will work out for you.…

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Civil Law

A Simple Guide That Can Help When You’re Injured

Personal injury lawsuits are quite common. Nonetheless, it is often difficult to determine whether or not you should move forward and file a claim. This article will make sure you know everything you need to know.

When writing down what happened after an accident, you must detail your injuries clearly. Do not forget anything, including small cuts and bruises. Add bruises and bumps to your list of injuries. Write down any mental problems you face later on as well.

Look online for reputable personal injury attorneys. The more information you can dig up, the better your chances of landing an excellent attorney for your case. For the best results, look for a lawyer that has experience and a good track record.

You should avoid hiring personal injury attorneys just because you’ve seen their television commercials. This only leads to disaster. If you want to consider such a lawyer, be sure you research them thoroughly before making an appointment. Not doing so can waste your time and money, and leave you with an inexperienced attorney.

Document the personal injury and take pictures at every possible angle in case of a court case. If your injuries prevent you from taking the photos yourself, have someone take them for you. Don’t wait until later. This should be done immediately to make sure you get accurate pictures.

Insurance companies can be tricky to deal with. You may have to come in contact with an insurer, so make sure to be on guard when this happens. The aim of these companies is to get the matter settled as quickly and as inexpensively as possible. It is probably a good idea to speak with a lawyer before you accept any offer from an insurance company.

Keep good documentation of all your doctor and hospital visits. Good paperwork is important when you are pursuing an injury case. This is because a lack of proof will lead to a losing case. If you have the proof, however, then you’re able to show that you are seriously injured and actually need the compensation. Not provided this information may make is seem you are untruthful or manipulating the court system.

After a car accident, wait until a police officer tells you to move your vehicle before moving it. This may cause more damage, and complicate your claim to the other party. The only time this must happen is in a busy street.

If you’re physically injured, document them using photos before getting treatment. This will make your case stronger by showing how extensive your injuries were. Depending on the extent, it can make a significant in the size of your award for your pain and suffering.

However you lose money, document it. The cost of traveling to doctor’s appointments, damage to your personal property and time off work are included. When going to court, you need proof of these things; otherwise, your compensation likely won’t be as high as it should be.

These tips should help you feel confident about your personal injury case. Using the advice from this article can help give you an edge in winning your case. You can move in the right direction with this knowledge.…