Service Offered by James Smedley
Drafting of a non-provisional patent application with average complexity. Extra cost for professional draftsman if drawings required (generally $100-$400). Does not include filing fee.
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Drafting of a non-provisional patent application with average complexity. Extra cost for professional draftsman if drawings required (generally $100-$400). Does not include filing fee.
Draft and file US Design Patent Application.
Draft and file a PCT application of moderate complexity with USPTO as the receiving office and search authority. (Lower fees available if Russia or Korea are used as the searching authority).
I will personally prepare either a Complaint for money owed to you, or an Answer to a Complaint you have been charged with for money a creditor alleges you owe to them, including Affirmative Defenses and a Counterclaim if you have a legal basis for one. Unusual Counterclaims based on other areas of law may require a slightly higher fee, which I will advise you about beforehand. Drafting ...
I will draft a Motion to Vacate on your behalf, which can result in the court canceling a Default Judgment against you and reversing a Payment Order based on that judgment. For an additional fee I will also go to court and argue the Motion on your behalf to the judge. This motion may be appropriate if: 1. You were not served with a Summons for the lawsuit 2. The Plaintiff is not the origin...
I will draft and send on your behalf, via certified mail, a 93A Demand Letter to a business that has taken unfair advantage of you, demanding that they redress your grievance within 30 days or become subject to treble damages and attorney fees under Mass. Gen. Law Chapter 93A. Chapter 93A, also known as the Consumer Protection Act, is Massachusetts catch-all law to protect consumers against ...
Consult with client and register copyright(s).
Consult with client and register Trademark(s)
Consult with client as to appropriate entity, draft and file formation documents.
Corporation formation and all corporate and securities work up to first round of seed/angel or Series A financing. Will consider receiving up to 50% payment in the form of stock (instead of cash) on a case-by-case basis.
Corporate and securities work involved in seed or bridge financing.
Draft / review template of employment or independent contractor agreements, including related IP and proprietary information assignment.
If you heed a simple divorce, have no issues such as property, custody, support, I can assist you obtain a divorce for a flat fee plus the filing fees of your county anywhere in PA.
For debtors being sued in small claims court by a company claiming to have purchased their old credit account, I can provide a guide to defending and winning at the hearing. Please note: if you are being sued, you should probably hire a lawyer. But if you're determined to defend yourself, here is some advice that could save you an expensive judgment. NOTE: This guide is intended for Small Cl...
Prepare and file US trademark application with the USPTO. Does not include the USPTO filing fee of $275-$325 per class of goods/services to be protected.
free unlimited communications; technical disclosure, onsite visitation; patentability evaluation; drafting and filing patent applications.
Analysis, filing and all court appearances related to a non complex Chapter 7 personal bankruptcy.
We will handle all aspects of the dissolution, including creation of a marital settlement agreement and filing of a judgment package.
Our basic trust package includes a will, revocable living trust, advances healthcare directive, and durable power of attorney.
Review of contract, $100/page
Depends on the individual situation.
Startup business formation. Fee doesn't include filing fees.
The patent prior art search includes a search of both granted and pending US patent applications, a search report detailing any US patent applications that are relevant to your invention, and my written opinion regarding the likelihood of obtaining patent protection.
Filing of the Articles of Organization for an LLC in any state. Also includes a search for entity name. Does not include state filing fee.
Filing of the Articles of Incorporation for S Corp or C Corp in any state. Also includes entity name search. Does not include state filing fee.
Creation of an Operating Agreement for your newly formed LLC, complete with provisions protecting members from liability.
Creation of Corporate Bylaws for your newly formed S Corp or C Corp, complete with provisions protecting officers and directors from liability.
Review of your employment or consulting agreement, including review of any option or equity grant.
Trademark filing with the USPTO to protect your company name or logo. Does not include USPTO filing fee.
I will review the lease agreement between the tenant and landlord, the facts relevant to the inquiry and propose any possible remedies.
I will review the divorce judgment and respond to the relevant inquiry.
I will deliver a prenuptial agreement in compliance with California law and customized to your specific needs and concerns.
Client intake and review, petition preparation and filing, Court appearances, follow up and exit interview.
Our firm will draft your petition for a National Interest Waiver. Please call / contact us for more information.
If you are a small business (less than 100 employees) I will draft an employment contract for your key employees and provide up to one hour of consultation and revision after the initial draft.
Deliver a customized employee handbook, fully compliant with California law, tailored to the specific industry and the number of employees in the company. Includes one-hour initial consultation and up to two hours of additional time to revise, per client wishes. Also includes free IWC Wage Order required to be posted in the workplace.
I will visit your work site and spend an hour or two getting to know you and your key management employees, reviewing your written policies, procedures, time cards, and payroll systems to ensure compliance and recommend solutions, if needed.
If you are an employee who is offered a severance agreement, I will review the proposed agreement with you, explain the "legal-ese" in simple English, propose changes, and review possible claims you may be giving up by signing the proposed severance agreement and release
I will draft, edit, or revise an employment contract for a maximum fee of $500 for up to two hours of work.
Consult with client and draft single-member LLC agreement. Additional charges may apply for state filing fees.
Consult with client and draft multi-member LLC agreement. Additional charges may apply for substantial negotiations between members and state filing fees.
File Articles of Organization, Prepare Operating Agreement, obtain Employer Identification Number, consult (1 hour) on business plan and issues of applicable local regulations (business license, etc.)
Prepare a will and advance health care directive for a single person (couples are 50% extra). Recommended only for estates of modest size with no real property.
No office visit. Done by a lawyer. No paralegals or secretary. No-Fault Pennsylvania divorces to those who qualify: 1. Are at least one of you a resident of the state you are filing in for at least the prior 6 months? 2. Can you locate your spouse? 3. Do you and your spouse agree to the issues regarding your divorce? If you answer YES to these questions, you qualify.
Conduct an analysis of your tax situation and prepare all forms required to submit OIC. Negotiate the OIC with IRS and GA DOR personnel. If an OIC is accepted by the IRS or Georgia Department of Revenue, your tax liability is settled in full for an amount certain that is less than your tax liability.
Negotiate with the IRS and/or the Georgia Department of Revenue to allow you to pay your tax liability over time if you do not qualify for an offer in compromise.
Provide representation from start to finish in disclosing prior unfiled and/or unpaid taxes. If you have not been contacted by the IRS or Georgia Department of Revenue and know you need to become complaint with tax laws, this process allows for the maximum mitigation of civil and criminal penalties allowed by law.
document preparation with instructions of how to execute and what to do with the original document after signed
review and comment and/or suggest changes to the benefit of client
extract information from client required to complete articles, draft articles, forward to client for signatures if necessary and provide instructions on filing with Secretary of State; if requested to sign and file, additional fees will be due along with filing fees to Secretary of State
I will evaluate the state's case and conduct plea negotiations at my client's direction.
I will evaluate the state's case and conduct plea negotiations pursuant to my client's needs and goals. If a trial is desired, there will be additional charges.
I provide a flat-rate for uncontested divorces. Each rate will depend upon whether there are children, real estate, or pensions, 401Ks, etc., or any other applicable circumstances. Prices may be either $750, $1,000, or $1,250 + depending on the circumstances noted above.
Meet with client in detention center, prepare for bond hearing, attend bond hearing, once approved help client apply for a bond
I will review the document and provide to the client written details as to what the trust document states.
I will review the Will and provide to client a written statement summarizing the Wills content.
I will consult with client to ensure that a simple Will is all that client needs considering the client's circumstances. If I determine with client that a simple Will is sufficient for client's purposes, I will draft said Will.
I will consult with client to determine who they wish to appoint as their Attorney-in-Fact. I will then draft a Financial Power of Attorney for Client.
I will consult with client to determine who client wishes to be healthcare agent. I will then draft client's Advanced Healthcare Directive.
WIll consult with clients to discuss goals of LLC, and how clients wish to split profits and losses. I will then draft the LLC agreement.
Will, Living Will, Advanced Healthcare Directives, and Durable Power of Attorney
Will, Living Trust, Living Will, Advanced Healthcare Directives, and Durable Power of Attorney
Uncontested Divorce, with or without children: The price will be higher if children or if there is a division of a business as there is additional work and document required. D. Davis Law Group will prepare all necessary documents necessary for a divorce filing in your county and will file same. We will work with you to determine how to best implement your wishes as well as creating new ideas t...
Defend client at trial; file or make necessary motions, including a motion to suppress (where applicable) for lack of probable cause; represent client at sentencing, where necessary.
Defend client at trial; file or make any necessary motions; represent client at sentencing, where necessary.
Defend client at trial; make or file any necessary motions; represent client at sentencing, if necessary.
Represent client in initial proceeding on traffic citation.
drafting and court appearances included
drafting and court appearances included
drafting and court appearances included
drafting and court appearances included
drafting and court appearances included
The retainer is tailored to your specific needs.
Prepare pleading, appear in court and litigate the UD trial.
I will handle all aspects of a divorce, including division of property and spousal support. Additionally, I will zealously advocate to get you the best outcome in this difficult time. I am available for evening and/or weekend appointments and can meet at a location convenient for you. You should not be forced to take off work or reschedule your day to meet with your attorney. I genera...
I will handle all aspects of a divorce, including division of property, child and spousal support, custody, and parenting time. I will zealously advocate to get you the best result in this difficult time. I am available on evenings and weekends. Additionally, I can meet at a location convenient to you. You should not be forced to take off work, find a sitter, or reschedule your entire day...
I will handle all aspects of your felony possession matter. I will zealously fight for you to protect your rights and freedom. Additionally, I will actively work to better your position in court through pretrial motions. When you hire me to defend you, my case becomes your life. Please let me walk along side you during this difficult time.
I will conduct an estate planning session with you where I review your assets and desires. At that time, I will offer advice as to the best estate planning tool or tools to accomplish those desires. If you wish to have a simple will (a will without complex tax-saving provisions or the creation of a trust), then I generally charge $300 for the will and the estate planning session.
I will meet with you in person, by video, or telephonically for you to express your desires. I will draft a medical and/or financial power of attorney for you to best accomplish those desires. Generally, I charge $100 dollars per power of attorney
I will handle all aspects of your child custody dispute, including the drafting of motions and attendance at hearings and/or trials. Generally, I charge $2000 dollars for child custody disputes with $1,500 of that amount refundable if you case settles on or before the mandatory settlement conference. Your children are too important to stumble through the sometimes complex and confusin...
I will handle all aspects of your misdemeanor (all charges with a maximum penalty of 1 year or less in jail) matter, including arraignment, pretrial conferences and motions, and trial. Depending upon the severity of the charges and anticipated time involved, I generally charge $1,500 to handle misdemeanor cases.
I will handle all aspects of your son or daughter's juvenile delinquency proceedings, including attending pretrial conferences and trial. Depending upon the charges and the anticipated amount of time involved to set up a defense, I generally charge $1,500 for juvenile delinquency matters. If the matter is more complex and/or has the potential for prison time or out-of-state placement of t...
I will zealously fight for your rights and freedoms if you are charged with a felony (a crime with a potential prison sentence of 1 year or more). Depending upon the charges and the anticipated time needed to prepare a defense, I generally charge $7,000 dollars to fight for my clients with pending felony charges.
Consultation with client, and formation of either an LLC or a C-corporation for a single owner. Includes bylaws for a C-corporation or an operating agreement, for an LLC, and incorporator and initial director resolutions. State filing fees are not included in flat-fee pricing.
Consultation with client, and formation of either an LLC or a C-corporation for multiple owners. Includes bylaws for a C-corporation or an operating agreement, for an LLC, and incorporator and initial director resolutions. State filing fees are not included in flat-fee pricing.
Review contracts of up to 5 pages, and provide comments to client on contract terms. If client requests revisions or negotiation, such services will be provided at my normal hourly rate of $200.
- Initial Client consultation - Initial trademark search (price included for one mark and one class) - Preparation of trademark application (one mark, one class) - efiling of the application for faster turn around - government fees
- Initial Client consultation - Filing of Articles of Incorporation - Filing of tax election (if applicable) - Obtaining EIN - ByLaws - Corporate seal
- Initial Client consultation - Filing Unlawful Detainer action - Service of process ** This price is good for uncontested unlawful detainer actions where the amount in controvercy is $10,000 or less.
- Initial Client consultation, not to exceed 30 minutes - Signed demand letter on attorney's letterhead. - Postage costs
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Very few cases are actually just thrown out, the best and most efficient means to get a case dismissed is to demonstrate weaknesses to the State Attorney’s Office concerning the strength of their case. Additionally, the most effective ways to get a case thrown out are through what is most commonly referred to as a “C(4)” motion to dismiss or a motion to suppress. A “C(4)” refers to a spec... Read More
Having your mugshot online can be detrimental for many reasons, like employment and education opportunities, relationships, etc. Websites like Mugshots.com and Bustedmugshots.com are literally making thousands and thousands of dollars annually from people paying them to have their mugshots removed from their websites. Additionally, these websites often bounce photographs from website to websi... Read More
Many people find themselves being sued as "John Does" in copyright infringement suits these days. What it means is that a company seeking to sue for copyright infringement believes that an infringing download occurred through a particular internet access account on a certain date and time, but doesn't know who did it, and is trying to find out. Our office represents defendants in these ... Read More
Under our current system there are 5 ways to pay for long term care: 1. Medicare. Medicare does pay for some long term care costs but it is only a short term solution. In order for Medicare to cover long term care costs, a person must go into a long term care facility after at least a 3 day hospitalization. A doctor must certify that the person needs skilled nursing care and in order ... Read More
I am constantly asked by friends and clients what to do if one is injured in a car accident. The first thing to do is ensure that you are okay. If there is any doubt seek immediate treatment either by calling an ambulance to the scene or if that is not deemed appropriate by visiting the local emergency center or your family physician. Once you have taken care of your immediate medical nee... Read More
Business entities can take many different forms - sole proprietorships, partnerships, limited liability companies (LLC), and corporations are the most common ones. As startup sole proprietorships and partnerships begin to grow, the ownership and management realize the necessity of creating a better business structure for the benefits that it will provide, including protecting the company’s asse... Read More
Many people wonder what is estate planning so I've decided to give an answer to this often asked question. When we arrive at a particular place or season in life often people begin to consider their own mortality. Maybe mom and dad surprise us by speaking about the estate planning they have carried out. Perhaps you discover somebody coping with an unexpected loss of life. Maybe your buddy me... Read More
http://pghfirm.com/judge-wettick-denies-appraisals-as-absolute-for-property-assessments/ Read More
In general, a loan that finances your or your dependent's tuition, room, board, and books cannot be discharged in bankruptcy. However, the various circuit courts have carved out exceptions to that general rule based on the idea of "undue hardship" that is found in the Bankruptcy Code. It IS possible to discharge your student loan debt in the Second Circuit (New York, part of Connecticut and ... Read More
Imagine you are a defendant in a criminal case, facing twenty years in prison, but you feel you are innocent. If the prosecutor offered two years in prison, would you accept it? Suppose you were a prosecutor and your star witness recants his prior testimony. Would you offer a lesser sentence to obtain a conviction? What if you were a judge in a courtroom full of criminal defendants and the... Read More
We were retained to represent a St Louis area pedestrian that was dragged by a drunk driver's car and severely injured. The pedestrian came upon a van parked in the middle of Lindbergh Road with the driver slumped over the steering wheel. Our client attempted to assist the driver of the van by reaching into the car and trying to put the car into park. The driver appeared to be passed out at his... Read More
As a result of the negligence of the employees and agents of the southern Illinois hospital (named confidential per settlement agreement), a routine knee replacement resulted in a patient's life being permanently altered. One nurse, consciously disregarded and otherwise violated numerous patient safety rules which contributed to this accident then took diligent efforts to cover it up by pre-rec... Read More
Mediation can help you minimize the financial and emotional costs of divorce -- despite the hurt, anger, and lack of trust that usually accompanies the breakdown of a marriage. Here are some of the most important keys to creating a peaceful divorce. "We must pursue peaceful ends through peaceful means." How is it possible to have a peaceful divorce when there is so much hurt, anger, and l... Read More
The importance of a good contract cannot be overstated. As an attorney who regularly deals with good contracts, bad contracts, broken contracts and amicable contracts, I can say that it makes a huge difference for a business or an individual if and when they are faced with legal trouble. Contract LawWhen a client comes in needing a contract drafted, the goal as a contract attorney is to look ... Read More
The latest Treasury Department’s “clarification” on Bitcoin and other virtual currencies creates more questions than answers. On March 18, 2013, The Department of Financial Crimes Enforcement Network (“FinCEN”) issued a guidance statement regarding its views on virtual currencies. This document was meant to clarify how virtual currencies fit under existing Treasury regulations. (Full guidelines... Read More
Bitcoin has been in the news recently. But bitcoin is not the only virtual currency. Virtual currencies, in one form or another are here to stay. When U.S. Treasury Department's enforcement arm, FinCEN, issued its interpretive statement, it recognized this much. The scope of this document covers all virtual currencies, centralized and de-centralized alike. Previous post discussed the new ... Read More
New York State Department of Financial Services (“DFS”) recently issued a memo where Superintendant Lawsky essentially proposed two courses of regulation for virtual currencies: (1) apply existing money transmission regulation; or (2) issue virtual currency specific regulations. The fact that state regulators are following the footsteps of FinCEN is really not surprising. In an earlier artic... Read More
First, no matter how done you are with your marriage, or how hurt you are that your spouse does not wish to be married to you anymore (evidenced by either actions or words), take a deep breath and pay close attention. You can make your case easy financially and emotionally by behaving in a civil and cooperative manner or you can assume an adversarial stance, which will cost you time and money... Read More
When parties mediate in their family law legal process, many times one or both parties have attorneys with whom each is working who can give him or her legal advice about the settlement issues and proposals. Unlike other types of mediation, such as business or personal injury mediation where the attorneys accompany the parties to the mediation and are part of the mediation process, family law... Read More
This is one of the many questions I am often asked regarding trademarks whenever I discuss IP law with a group of young budding students, entrepreneurs or startup companies. There are several articles and blogs that answer this question in one way or the other but I hope that this post will be comprehensive enough to answer most of them. \r\n\r\nWhat is a Trademark?\r\n\r\nA trademark is any\r\... Read More
YES. Under 11 U.S.C. Section 362(a), after filing for bankruptcy a creditor may not take any action against the debtor or the debtor's property to collect any debt. Meaning that upon filling of bankruptcy the creditor may no longer attempt to levee a debtor's bank account. Thus, levies in progress or set to occur will be stopped upon filing and assuming proper notice is given to the involved pa... Read More
YES. Under 11 U.S.C. Section 362(a), after filing for bankruptcy a creditor may not take any action against the debtor or the debtor's property to collect any debt. Meaning that upon filling of bankruptcy the creditor may no longer garnish a debtor's wages until otherwise ordered by the court. Thus, wage garnishments a debtor may be experiencing will be stopped upon filing and assuming proper n... Read More
Yes. Upon filing for bankruptcy (either Chapter 7 or 13), an automatic stay is placed against all your creditors' actions against you, including the filing of a lawsuit or proceeding with a lawsuit. According to the United States Bankruptcy Code (Section 362), the automatic stay begins the moment you file for bankruptcy. Thus, if you have been served with a lawsuit for breach of contract by you... Read More
Credit Counseling Course ("pre-petition certificate") v. Financial Management Course ("post-petition certificate") Under the changes to the Bankruptcy Code which took effect October 17, 2005, Debtor(s) are now required to take two short credit counseling courses, one within six months before you file a Chapter 7 or Chapter 13 bankruptcy ("Pre-bankruptcy") and one after you have filed for the... Read More
Can filing for a bankruptcy stop my eviction? In most cases yes. Typically, the automatic stay afforded to debtors when filing for bankruptcy will stop all collection methods, including evictions. However, how effective the automatic stay provision will be is determined based on the status of the debtor's eviction process. The basics are: If the debtor files for bankruptcy prior to the... Read More
Reaffirmation Agreements- What is it? Do I need to sign one? Often, secured creditors send a "reaffirmation agreement" to the debtor or debtor's counsel. A reaffirmation agreement is a new contract signed between the debtor and the creditor/lender that reaffirms the debtor's original contractual obligation with that specific creditor/lender over the secured item (i.e. a vehicle or motorcycle... Read More
Generally, yes. Exemptions to apply depend on the type of retirement account. Most of such exemptions are codified in the following statutes: Calif. CCP § 704.115(b) states that benefits derived from private retirement plans are exempt whether payable or already paid. Further, except for self-employed private retirement plans, the exemption amount for private retirement plans under Calif. CC... Read More
To many of my clients' surprise, YES, filing for bankruptcy generally does improve one's credit score. There are a few reasons why this occurs. First of all, typically, your credit score will NOT increase until derogatory marks are resolved. Thus a collection account on your credit report, in which you owe a creditor will continue to damage your credit until you either pay it in full/settled... Read More
No. Generally, a debtor's employer does not need to be notified in a bankruptcy proceeding. However, there are a few occasions in which a debtor may be required to obtain pay roll stubs from his employer or prevent a wage garnishment. If so, the debtor should notify his employer's payroll department with notice of the bankruptcy filing to obtain such pay roll stubs or to stop any wage garnishme... Read More
Nassar Law makes preparing for and filing for bankruptcy a rather simple process for the debtor. Following a client intake, the debtor's petition is prepared and filed electronically. Approximately 30-45 days after filing, the debtor and attorney must appear at the 341 creditor's hearing. Following the completion of the 341 creditor's hearing, the court typically enters a discharge in favor ... Read More
Yes. Since, the Defense of Marriage Act (DOMA) was struck down by the US Supreme Court in United States v. Windsor (2013) 570 U.S. __. Prior to the holding by the Supreme Court in United States v. Windsor, not all bankruptcy courts recognized same-sex married couples and permitted joint filing. Thus, same-sex married couples were required to file separately. However, same-sex married coup... Read More
When a debtor files for bankruptcy, the protections afforded under the "automatic stay" of the Bankruptcy code take effect. The automatic stay stops all collection actions against a debtor, including lawsuits, foreclosures, garnishments, levies, monthly bills, and especially calls and letters from creditors. It also may stop a pending eviction depending on the circumstances. Thus, filing for... Read More
What happens if my first mortgage forecloses and I have a second mortgage? This is another common question I am asked. Bankruptcy law is complex field and there are countless situations each leading to a different conclusion. In this blog, I will attempt to provide a brief and general answer that should be understandable to those not experienced in the legal field. When you have two mortg... Read More
Can I keep my car/motorcycle if I file for bankruptcy? Generally, yes. Debtors that have a secured loan for a personal property item such as a vehicle/car/motorcycle, are permitted to retain their vehicle (with certain legal exceptions) when filing for bankruptcy relief. When filing for bankruptcy, it is crucial that the debtor(s) state their intention with such secured personal property in ... Read More
So you've decided it is best for you and your partner to divorce. Now what? On so many levels you are standing at a crossroads in your life. There are an overwhelming amount of decisions to make and changes to address. One of the first decisions (and one of the most important decisions) you should make is what type of divorce you would like. Unfortunately most folks do not understand that ... Read More
I frequently answer many questions from people who find themselves in debt and don’t know what to do. Whether their debt is current and about to become delinquent or those with a judgment that is already entered, the options are the same. Which one a debtor chooses depends on the debtor’s unique circumstances, the kinds of debt they have, their assets and their income. So learning about opti... Read More
When you get into trouble, document the reasons for your hardship and sent your creditor a certified letter. Make sure you tell them that they are not to call your place of work as your employer does not allow you to take personal calls. Tell them not to call your relatives, friends or neighbors. They want money which you do not have, so just do not talk to them. Tell them also that you wil... Read More
There’s a lot of hype these days regarding knowing your score and identity fraud, like the catchy commercial to get your “free credit score” by signing up for a credit monitoring service. Do your wallet a favor and don’t. Most of your credit is made up of: what types of credit (for example, mortgages, car loans etc.), how much available credit you have vs. how much of credit is being used ... Read More
All civil causes of action are governed by the statute of limitations and debts are no different. The statute of limitations begins to run as soon as the right to suit first arises. In regard to credit card debt, that typically is the date on which the last payment was made or the date on which the first delinquency occurred. The problem with debts is that the statute of limitations can be a... Read More
In my prior article, we explored the various options for resolving debts, which can run the gamut from doing nothing to filing bankruptcy. Doing nothing is not an option for most individuals. And many people are reluctant to file bankruptcy. So let’s take a more in-depth look at the various other options. DEBT CONSOLIDATION Simply stated, debt consolidation is “the act of combining sev... Read More
OK – so you have been sued by a creditor. Maybe even a judgment has been entered. Many people think that is the end of the matter. The lawsuit, while anxiety-inducing, was nothing. Entry of the judgment itself, with some exceptions, is no big deal. Rather, it is the effect of the judgment and what it allows the creditor to do that is important. Lawsuits thus should never be ignored. In... Read More
I answer questions on several legal websites and I have answered so many questions dealing with payday loans that I felt it was time to address this topic. Payday loans are absolutely horrible. No matter how desperate a debtor’s situation may be, payday loans are never the solution. They carry exorbitant interest rates for short term debt. Typically, whatever caused the debtor to be in fina... Read More
Cancellation of Debts & 1099c Forms [NOTE: I AM NOT A TAX ATTORNEY AND THIS DOES NOT CONSTITUTE TAX ADVICE. YOU ARE ADVISED TO CONSULT WITH A TAX ATTORNEY OR CPA REGARDING YOUR PARTICULAR CIRCUMSTANCES.] Since tax season is upon us, I have many clients who receive 1099c forms from creditors and have questions about how these should be handled. A 1099c is a cancellation of debt form. I... Read More
If you have ever been the plaintiff or defendant in a family court case, you may have had to prepare a DR-6 form. The DR-6, also called the Statement of Assets, Liabilities, Income and Expenses, is a financial affidavit required of one or more parties in many types of family court cases, including divorce, child custody, child support, alimony, and more. I often observe Pro Se litigants unsu... Read More
We have provided legal representation to the people of Arlington for over 20 years. When it comes to your financial well-being, we are attorneys you can trust so give us a call. visit : http://www.attorneykohm.com/personal-injury-attorney-arlington/ Read More
While the world awaits the United States Supreme Courts decisions in two controversial cases involving Marriage Equality or Gay Marriage, (Depending on which side of the debate you are on) The highest Court in the land decided a very important case regarding Search and Seizure law. In FLORIDA v. JARDINES., No. 11–564. Argued October 31, 2012—Decided March 26, 2013 (Slip Opinion) The Supre... Read More
There's a lot of information out there about the federal Fair Debt Collection Practices Act (FDCPA) and how it can help protect debtors from abusive or misinformed creditors. But if you live in Massachusetts you have a different set of tools to help you resolve matters. 1 - In MA, the original creditor is held to the same standard as an assignee or debt collector. The Massachusetts Attorn... Read More
A female client of mine was recently injured and was forced to endure a humiliating and degrading body cavity search by the Coral Springs Police Department. As she reported to Willard Sheppard of NBC 6, she was lawfully driving her sister's car when she was stopped by Coral Springs Police. This South Florida Police Department has stopped her ten times within the past year. In each of these s... Read More
When an employee is terminated in Illinois, he or she may file for unemployment benefits; however, the claim can be contested by the employer. Here is how the process works from the initial claim to the contest, hearing, and appeal. Employees who are terminated can file for unemployment benefits with Illinois Department of Employment Security (IDES). This can be done online or in person at a... Read More
A Smart Client's Checklist Five Rules for hiring the right lawyer: 1. Avoid the Mill Be very afraid of large law firms. Although it is tempting to want a "team of lawyers" on your side, a large law firm is just a mill. A mill is a place where the owner makes the profit by running the business and bringing in clients but it is the entry level workers who do the labor. In a law firm the ow... Read More
RECOVERY OF LOST WAGES AND EARNINGS IN AN INJURY CASE By: Attorney and Partner Steven J. Greeley, Jr. Attorney Steven J. Greeley, Jr. with Franks, Gerkin & McKenna, P.C. is any injury attorney handling matters in McHenry, Kane, Boone, DeKalb and Winnebago Counties. Lost wages and earnings are recoverable when there is a work injury or other injury due to the fault of another pa... Read More
In the world of foreclosure defense, many myths exist. Thanks to the email and the Internet, it's easy to get the wrong information about this important area of law. Here are the top 3 myths about foreclosure defense: 1. "With all the fraud by big banks and lawsuits against financial institutions, fighting a foreclosure is breeze." THE TRUTH: Foreclosure defense is tricky, technical ... Read More
Virtually everyone has heard of a “green card marriage”—a sham marriage between a U.S. citizen and a foreign national so that the foreign national can become a permanent U.S. resident. Understandably, the USCIS is suspicious of individuals who marry citizens and immediately seek a green card. Consequently, if the marriage has lasted for less than two years when the green card is approved, the... Read More
The H-1B visa program allows U.S. employers to hire foreign professionals to work in the United States for extended periods of up to 6 years. The H-1B visa allows U.S. companies to employ foreign workers in occupations that require theoretical or technical expertise, such as computer science and information technology, biomechanical engineering, and health care. The H-1B visa application pro... Read More
K-1 visas are used to allow non-resident individuals to enter the U.S. and get married. While the K-1 does not automatically give the person a legal right to live here, it can be a first step toward gaining residence status. If you wish to marry a non-U.S. resident, consult with an immigration law firm in Cambridge to determine whether the K-1 visa is appropriate in your circumstances. Quali... Read More
The purpose of a consumer bankruptcy is to give you a fresh start by eliminating certain debts, modifying others and enabling you to retain most if not all of your assets. A prime benefit of a bankruptcy is to stop your creditors from harassing you or beginning or following through on any collection activities. Chapter 7 Filing A Chapter 7 bankruptcy filing is one method that businesses a... Read More
If you’re involved in an accident this holiday, please minimize your communication with other parties. Remember, admissions of fault can be used as evidence against you in court. It is especially important to speak with an attorney before you contact insurance — a frequent tactic of insurance companies is to goad people into revealing information over the phone that can then be used against tho... Read More
To see the full text of this article, visit http://www1.realclearmarkets.com/2013/11/26/obamacare_could_turn_millions_into_criminals_147814.html. For more Eric Dixon articles, see the Crime, Politics and Policy blog at http://www.ericdixonlaw.com. Read More
Employees seek legal advice for a wide variety of reasons, and lawyers can often be helpful in navigating the employee-employer relationship, but lawyers can only advise clients based on the facts at hand. Employees can, and often do, hurt their position by taking actions that limit their legal options or cause unnecessary harm or strain to the employment relationship. Below are six common mist... Read More
In Massachusetts your landlord owes you what is called a “warranty of habitability”. Basically your landlord must keep your apartment in good working order. If your toilet is leaking he/she has to fix it. Or if your stove doesn’t work then it must be fixed. Basic stuff. Sometimes landlords may not be the most attentive people in the world. If you have a problem in your apartment the first thin... Read More
Massachusetts takes consumer protection very seriously. Massachusetts has some of the strongest consumer protection laws in the country. Included under the umbrella of consumer protection is the area of Landlord/Tenant law. When renting an apartment it is important to be aware of the law in Massachusetts so you don’t get taken advantage of. Some landlords will try to tack on fees or prepayments... Read More
Most Americans are familiar with the Miranda warnings from the seemingly never-ending onslaught of crime-related TV shows and movies. Few Americans have an understanding of the purpose of Miranda warnings and the nuance surrounding them. The Miranda decision came at a time in America where police where engaging in all sorts of deceit and coercive tactics to get suspects to admit to crimes they ... Read More
The following blog post is not legal advice. If you are arrested for any crime call an attorney or have one appointed by the court immediately. I cannot stress enough that I don’t condone the illegal use of marijuana. Marijuana is still illegal in Massachusetts. The following blog is for entertainment and informational purposes only. The Year in Decriminalization: In the Commonwealth of Mas... Read More
Mississippi College Law Review 2010 Article *427 HUMAN EMBRYONIC STEM CELL RESEARCH AND SURPLUS EMBRYOS: A MORAL ARGUMENT Malosack Berjis [FN1] Copyright (c) 2010 Mississippi College Law Review; Malosack Berjis I. Introduction At this very moment, millions of Americans are living with dreadful diseases, conditions and disabilities that, if not life-threatening, make each ... Read More
Most people are familiar with the little "TM" symbol placed beside some company logos. Less familiar is the "SM" symbol that can also be placed beside company logos. The difference is simple. "TM" stands for trade mark. If your company sells goods, then you would use "TM" beside logos that do not have federal trademark registration. "SM" stands for service mark. If your company provides s... Read More
A client called this weekend with another copyright issue. Last year I had filed the copyright registration for his first business website, but being a Type-A personality he preferred to do things himself. He wanted to complete the copyright registration for his second business website. No problem, I walked him through the registration form process, discussed the deposit requirement, and sent h... Read More
Provisional patent applications are only valid for one year, giving you time to get the more complex non-provisional patent application drafted and filed. But what happens after one year if you haven't filed a non-provisional patent application. Are you out of luck? No, you're probably OK. Our latest client had a provisional patent application drafted by another patent professional. The prov... Read More
After the dust settles after divorce, one or more of the parties usually remarries. How does the subsequent marriage affect child support? The short answer is that it doesn’t. Child support is based on the income of the paying party, the number of children before the court, and the number of other children the paying person has a duty to support. The income of a new spouse is not releva... Read More
Every adult should have a will, power of attorney for medical and/or financial matters, and an advance directive. Usually a person's spouse is named in some or all of these documents. Divorce severs some of those designations, but not all. It is important to talk to an attorney about updating all these documents soon after divorce, marriage, a move from one state to another, or the birth or... Read More
Sunday nights are my night for relaxing and indulging in my guilty pleasure, reality TV. This past Sunday night I came across a show on TLC called 90 Day Fiancé. I decided to watch it because, (1) it involved immigration law and (2) it looked like an entertaining show. The show is about four women who come to the US on a 90-day fiancé visa called the K-1 visa. After they arrive in the US, the w... Read More
Virtually every divorce or dissolution case that comes through my office begins with an initial consultation at no charge to the potential client. The consultation begins with an explanation of the process that is involved in ending a marriage in the State of Ohio. We discuss dissolution, uncontested divorce and contested divorce, and the reasons for filing each type of case. Once we have ... Read More
Who's Your Daddy? Single Parenthood and Ohio Law Unmarried parents face different legal issues than married parents concerning parentage, custody, visitation and child support in Ohio. This guide briefly steps the unmarried parent through the ins and out of Ohio Law. Custody An unmarried female who gives birth to a child in Ohio is automatically deemed the sole residential parent an... Read More
For those of you who don’t understand what the title of this post is referring to, the question could more accurately be asked as “Can you walk around town with an open beer?” Walking around with an open container is legal in some states and illegal in others. In some states, walking around with an open container is illegal. While this may place a burden on those who would like to move from... Read More
Can’t get a green card? Why not marry a US citizen and take the shortcut to US citizenship. It sounds like a good idea on paper, but is it legal? First off, there is a common idea that marrying a US citizen will result in the immigrant-spouse immediately becoming a US citizen. Not only is this idea incorrect, but it may also be illegal. Marrying a US citizen does not guarantee citizensh... Read More
Nothing is more annoying that receiving calls from debt collectors. There is no good time to talk to a debt collector, but one of the worst times is most certainly at work. Not only are such calls irritating and frustrating, but in some cases it is not legal for creditors to call you at work. Whether the person trying to collect the debt is the original creditor or a debt collector determ... Read More
If you own a business, you may be aware that small-business ownership comes with a number of perks. For example, small business owners can deduct certain expenses from their income that other, traditional employees may not. Some benefits, like the tax benefit just mentioned, apply to most businesses, whether incorporated or not. However, some perks of business ownership are reserved for those b... Read More
Let’s face it, work is not always a joy. Whether it be co-workers, bosses, or clients, it’s easy to get annoyed with the people we have to deal with on a regular basis. With the prevalence of blogging and social networking sites, the questions often arises: Can I get fired for what I say about my job online? The answer is most likely yes, you can be fired for what you say about your job onl... Read More
Divorces are almost always a very difficult time and more often than not result in a situation in which neither party is completely satisfied. Disagreements with divorce decrees can affect all aspects of a split, including child custody. Sometimes, one disgruntled spouse refuses to comply with the court-ordered custody agreement, which leads to the question: Is it illegal to violate a court-ord... Read More
If we are lucky enough to die with assets (and not in a pile of student loan debt) then it becomes important to have a will that explains how we want our assets divided upon our passing. However, what happens if you die without a will? Dying without a will does not mean that your assets are subsumed by the state. In fact, dying intestate—which is the technical term for dying without a will—... Read More
Almost any job has the potential to cause injury. Even if your job isn’t working with dangerous equipment, an unmarked missing floorboard could result in someone tripping, falling, and injuring themselves. This gives rise to the question: Can an employee sue their employer if they are injured on the job? The answer is, it depends on how the accident happened. Depending on how the injury o... Read More
Beginning in 2013, purchasers of S corporation stock need to determine whether their purchase is part of a deemed asset sale under Code Section 336(e). (References to the “Code” refer to the Internal Revenue Code of 1986, as amended.) Background Code Section 336(e) was enacted in 1986 to permit an election (a “336(e) Election”) to treat certain stock dispositions as a disposition of the t... Read More
In Revenue Procedure 2013-30, the IRS has relaxed significantly the requirements for obtaining relief from failures to timely elect S corporation status, as well as other tax elections often made in connection with an S corporation election. (In addition to S corporation elections, Revenue Procedure 2013-30 governs relief procedures for failures to make the following elections: Electing Small B... Read More
It takes time, patience, money and work to get a green card. After all that, you can lose it. You might not even know you have a problem until you leave the U.S. on a trip, then try to re-enter and aren't allowed back into the country. Here are some common ways to lose your green card: 1. Leave the U.S. for a long time. People often treat their green cards like permanent tourist visas; th... Read More
It can be simple, impossible or something in-between to enter the U.S. as a temporary visitor. Visitors from most countries need a B-2 visa to be allowed onto a plane or boat to the U.S. and all are subject to questioning at the border, where they can be refused entry. You can check the wait times for visitor visa appointments at your embassy or consulate here. The Visa Waiver Program all... Read More
Green Card Lottery. Every year the U.S. Government holds a lottery to allow 50,000 green cards for applicants from countries that have low levels of U.S. immigration, such as Ethiopia, Finland, Northern Ireland and Taiwan. Citizens of high-immigration countries like Mexico, Philippines, China and India are not eligible. You must also have a high school education or its equivalent, or two years ... Read More
Yes, but not as easily as before April 2013, when the Supreme Court issued its 7-2 decision in Moncrieffe v. Holder. Those living legally in the U.S. with temporary visas or even with green cards, can be deported if convicted of a crime while here. There's discretion for some crimes, but no discretion at all if convicted of what's called an "aggravated felony." That term suggests a heinous o... Read More
A green card, which looks similar to a driver's license, shows the holder has permission to live in the U.S. on a permanent basis, to work, and freely travel in and out of the country. Since 2010 the card has actually been green; it wasn't before that. It does not allow the holder, or Lawful Permanent Resident (LPR), to vote or get a U.S. passport, which are rights of citizenship. Most gr... Read More
The Role of Intellectual Property in the Food & Beverage Industry Our clients repeatedly ask about intellectual property in the restaurant space, including copyrighting recipes, non-disclosure agreements, or protecting logos. We recently attended the GastroIntellectual Property Law Symposium hosted by The Chicago Bar Association & Chicago- Kent College of Law Intellectual Property Law Societ... Read More
With the number of two parent households increasing over the last several decades, the use of nannies has become more and more popular. However, some parents have a difficult time leaving their children at home with what is often little more than a total stranger. This has led parents to install nanny cams—or hidden cameras that monitor the daily activities of the nanny. But the question th... Read More
With all the talk lately about assault weapons and the Second Amendment, gun ownership has become a central issue at the heart of both politics and daily life for many Americans. However, given that gun laws across the United States differ in some regard from state to state, it is possible for a good-intentioned gun enthusiast to run afoul of the law if they are not careful. Owning a gun is... Read More
They are finally coming back on a reunion tour…your favorite hair band from the 80s. You camped out for 24 hours with a whole lot of riff-raff to get you and your friends tickets and, of course, one of your buddy’s kid’s has a soccer game that night and he can’t make it. Now you have an extra ticket and you want to know if it is legal to go to the arena and scalp it for more than you paid. Is... Read More
In memory of the recently deceased actor, Paul Walker, you decide to watch a Fast and the Furious marathon. While you were watching you may have thought, “Man, my ride would look sweet with some tinted headlights.” But are tinted headlights legal in your state? Tinted headlights are all the rage among auto enthusiasts these days. Usually, a thin film, much like the film applied to tint wind... Read More
Do you spank your children? It may not make you popular at a dinner party, but you likely would not be the only one there to do it. Statistics suggest that a large number of parents are still “old school” when it comes to corporal punishment with their children. Many more parents may occasionally resort to some form of physical reprimands than would ever actually admit. But is it legal? ... Read More
The federal and state governments all have the power to tax their citizens. In [Texas], where there is no state income tax, citizens are only responsible for federal taxes. However, in states that do have state income taxes, residents will be paying both state and federal taxes. The answer to the question whether it is legal not to pay taxes depends on how someone intends to not pay taxes. ... Read More
We’ve all sealed a deal with a handshake--maybe to purchase a used car, loan a friend money, and anything in between. Chances are, that while making this “informal” agreement you may have thought, “If I want to back out of this later, I am sure I can.” However, the truth is that oral contracts are binding in most circumstances. The trick to enforcing an oral contract is proving it in co... Read More
If you are in business, you may know a little about intellectual property law. But do you know when you need a trademark versus when you need a copyright? The distinction between the two is slight, but very important. Further, the choice between the two is not always cut and dry; some pieces of intellectual property can actually qualify for both a trademark and a copyright. Trademarks and c... Read More
If you are either about to buy or sell a home, it is likely going to be one of the biggest decision you will make in your life. Because this is such a big decision, you will want to make sure that you take every precaution along the way. That raises the question: do you need a real estate attorney when you are buying or selling a house? The answer is probably. While you do not need to hire ... Read More
It’s not a surprise to anyone, but the economy is not what it used to be. Due to the rough shape of the economy, more and more people are getting laid off and applying to get unemployment compensation. This has led many to ask us, “how can I qualify for unemployment benefits?” Obtaining unemployment benefits can either be a simple or a devastatingly complex process, depending on why you los... Read More
If you are asking when you should hire a lawyer, chances are you have already decided that you need one. But what is the exact time to retain the services of a lawyer? Attorney fees are not cheap, and you don’t want to get one sooner than you need to. At the same time, you don’t want to do any damage to your potential case by waiting too long. Keep in mind that the reason you need a lawyer ... Read More
With the prevalence of legal services websites such as Legal Zoom and Rocket Lawyer growing, more and more people are asking the question whether these sites are right for them. There is no doubt that in some cases, these sites can get the job done adequately. However, the bottom line is that they are still no substitute for the real thing. When it comes to using internet-based legal servic... Read More
It's complicated (in fact, even the distinction between nationality and citizenship can be complicated - we'll use citizenship here). One of the reasons immigrants delay applying for U.S. citizenship is because they fear they'll lose their original citizenship. Citizenship is important; it allows you to live and work and more in a country. In the European Union, citizenship of a country means y... Read More
Most employment green cards require a job offer from the prospective employer, and a certification from the Department of Labor that the work will not displace an American worker. The EB-1 visa is different. It allows an intending immigrant to apply for her/himself in some cases, and to forego the labor certification requirement, and there is usually no backlog in visa availability. This is at... Read More
The State of Georgia does not permit same sex marriage, nor does it recognize same sex marriages performed in another state. While it is important for everyone to have their estate planning documents up to date, it is even more important for same sex couples to have their estate planning documents in place because the State will not recognize their marriage for purposes of intestate succession.... Read More
If you are like most people, when you hear the term “estate plan” you think that only wealthy people have estate plans because only wealthy people have “estates.” Well, that is not true. An estate is simply the net worth of a given person at a given time, during life or at death. Do you own a home? A car? Some land? You have an estate. You need an estate plan. An estate plan is a series of w... Read More
Entering into nursing home care is one of the greatest fears facing American senior citizens today. Not only does the nursing home represent the loss of autonomy, it can be a costly loss of independence. In Athens, Georgia, the average out of pocket cost for a single bedroom nursing home unit is over $67,500 annually (according to Genworth.com). The best option for individuals needing nursing h... Read More
Many lawyers think that if they have a website, they have an online presence. However these days, having a subpar website is not enough. You should spend time thinking about how you are going to drive traffic to your website. You could have the most beautifully designed website, but if no one comes across it, it is useless. There are several ways to increase the number of visitors to your web... Read More
1) Develop a formal intake process You should develop a formal process to deal with the inquiries that come your way. It usually is not strategic for you to take every single call. You should focus on your existing clients and train someone in your office to do an initial phone call with the leads so that they can sift through which ones are qualified and which ones are not worth your time. ... Read More
You went to law school so that you could focus on practicing law. However, when you decide to go out on your own, marketing becomes an integral part of your success as a solo practitioner. If done right, marketing can be the ultimate difference between whether or not you are able to grow your practice into a full-fledged law firm. Here are the top 3 reasons why you should start paying at... Read More
There are plenty of ways for lawyers to advertise their services but the question is which ones are actually worth your time? Lawdingo has several distinguishing factors that make it the perfect addition to your current marketing initiatives. Reasons why you should join Lawdingo: 1) Affordable The cost of a one-month membership is less than one billable hour. This means that ev... Read More
At Lawdingo, we want to make sure that you get your moneys worth. Once you sign up for Lawdingo, there are several ways to take advantage of your membership. 1) Write a detailed bio that does more than just list out your credentials - Be sure to include some personality in your profile -Clients hire lawyers because they like them and feel as though they can trust them 2) Use a professi... Read More
Part 1: Missouri Department of Revenue and Your Driving Privileges When you received your DWI charge the police officer, sheriffs deputy or state trooper most likely took your drivers license and gave you a 15 day driving permit and notified you that the Missouri Department of Revenue is suspending your drivers license. 1. You refused to submit to a breathe test- In this case you need an att... Read More
Sometimes there is a lot of hype and hysteria connected to talk about what can happen to your property after you die. Have you ever heard such things as "The government will decide who will get your property" Or "The lawyer fees in probate will kill you"? Well, I'll be glad to help you cut through all the smoke so you can understand how estate-succession works. Then we can create an estate-succ... Read More
Drason Law Firm 7 STEPS TO STARTING YOUR COMPANY | Protect your personal assets | Business Incorporation STEP 1: PICK A NAME FOR YOUR BUSINESS Picking a good business name is crucial. Your customers will identify with your services or goods by the name you give your business. We often have clients who spend little time picking a business name. They forget or ignore to do some investigation... Read More