Category: Attorney

Reasons to Hire a Tax Law Attorney

By M.S, September 3, 2007

The IRS is probably the most feared arm of the United States government. There are people who fear the IRS more than they do the FBI or the CIA. In facing this branch of the government, you will need a lot of help. While some people may advice you to get a Certified Public Accountant, there are lot of reasons not to do so. In fact, what you should do is get a tax law attorney.

Why should you hire a tax law attorney?

First of all, facing the IRS means that you either haven’t hired an accountant, or your current accountant has done a pretty bad job of managing your finances. This means that it is already too late to hire another CPA to fix your problem. The IRS has already done the math, so you will be wasting resources if you hire another person to do it all over again. You need to focus on areas that you still need to prepare for. What you need is a competent tax law attorney to help you with the legalities that you will be facing.

There is also the issue of client-attorney confidentiality. While a CPA can be forced to divulge any information concerning your accounts to a court, a tax law attorney is legally exempted from doing so. Remember that this confidentiality can be extremely important during trials.

Another advantage that tax attorneys have over CPAs is a deep understanding of the ambiguity of tax law. CPAs are trained to recognize something as either black or white. They are trained to categorize things very specifically and may not recognize the various gray areas of tax law. A good tax law attorney knows that the law can have a thousand different interpretations and uses this fact to your advantage.

A tax law attorney can also help you by giving you truly complete advice. This is because of the fact that they are experienced in matters involving tax laws. A tax law attorney will be able to give you advice on different legal measures that you can take to solve your Tax problems. A CPA can only help you in terms of fixing your budget or computing your taxes, but can offer very little help regarding how to fix your tax problems.

A tax law attorney, on the other hand, can show you a lot of things you can do to legally get the IRS off your back. A good tax law attorney can help you by giving you various tips on how to compromise with the IRS and end up paying much less than what you might think is your due.

The IRS can use different techniques to intimidate you into paying the amount that they will insist you owe. People who are unfamiliar with the methods of the IRS often pay this amount without taking the time to question why. A good tax law attorney can help you get over your fear of the IRS and meet them on the legal battleground. A good tax attorney will have the resources necessary to help you overcome any intimidation tactics that the IRS may use to force you to pay.

The best reason that you can have to hire a tax law attorney is the fact that taxes are based on laws. This means that taxes are the natural stomping grounds of tax attorneys. They know their ways around it and they know how to survive it.

Tips on How to Work With Your Lawyer

By M.S, June 12, 2007

1. Get organized. Prepare detailed written notes outlining your legal problem or questions. Provide the lawyer all the details, and let he or she decide what is important to your case.

2. Complete and honest disclosure of all facts. It is very important that you provide a complete and honest description of your problem, including information that may be favorable, unfavorable, or embarrassing. Leaving out a minor fact or detail could have a huge negative impact on your case. Only if you fully disclose the facts about your situation can an attorney properly advise you. Remember that there are strict rules that require an attorney to keep your information confidential. 3. Discuss fees. Your attorney will be ready to discuss fees at the first meeting, and you should be ready to do the same. You can and should negotiate fees and discuss payment plans with your attorney. Get your agreement in writing and keep a copy for your file. Most disputes about fees happen because there is no written record of an agreement. 4. Ask a lawyer questions. In order for your attorney to serve you better, you must understand all aspects of your case and the legal process. Understanding the process will help you understand how the lawyer is working and what type of information is needed on your case. But remember, you are paying for your attorney’s time. It is more cost effective to ask several questions at once instead of calling your attorney every time one question comes to mind. You may be charged for each call depending on your fee agreement. 5. Understand what you sign. Before you sign a document, ask your attorney to fully explain to your satisfaction any document. What can be clear and routine to an attorney can be confusing to people without formal legal training. 6. Keep your own records. Ask for copies of all letters and documents prepared on your case. You should also keep the written fee agreement between you and your attorney in the file. You may have to access this information at some point in the future so it is important to maintain records. 7. Legal advice. Give careful and thoughtful consideration to what your attorney advises. The attorney’s judgments are based on legal training and experience. Remember that lawyers cannot work magic. No attorney wins every case, and sometimes the best legal advice may not be what you want to hear. Your attorney will provide advice that has your best legal interests in mind. The central focus of any case is the facts. Each side will have facts that contribute to the outcome of the case. It is the lawyer’s responsibility to make you aware of the potential outcome of your case based on the facts. HOW DO I PREPARE AND WHAT SHOULD I TAKE TO THE FIRST INTERVIEW? Plan to go to the first interview with an open mind. You do not have to decide to employ the attorney with whom you are interviewing until you have had time to think about the interview and your experience in communicating with the lawyer.

When you go to your initial consultation, it is important to have with you a written summary, or detailed notes outlining your problem. The notes or summary should include: 1. Names, addresses and phone numbers of all persons or companies involved 2. All documents which are part of your case, including a. Documents you have received from another attorney b. Documents you have received from a court c. Journals d. Written Correspondence (includes emails) e. Receipts f. Contracts g. Medical bills h. Repair estimates i. Checks, etc. j. Pictures k. Written notes detailing the history of your situation

The attorney may ask you to deliver written materials in advance of your first interview in order to have adequate time to review them. You may prefer to provide copies rather than originals at the initial interview. Remember that all lawyers are subject to attorney-client privilege and therefore, must maintain any information in strict confidence.

Next, prepare a list of questions for the attorney, such as: 1. Are you specialized and/or experienced in my type of problem? 2. Will you or one of your associates be handling my case? 3. Will you regularly contact me about the status of my case? 4. Will I be provided with copies of all important documents, and will there be a charge for those documents? 5. Will I be able to make the final decision on my case? 6. What is your estimate of time needed to complete my case? 7. What is the hourly billable rate? 8. What amount of retainer is required to request your services? REMEMBER: When you hire an attorney, the attorney will be working for you. He or she should be genuinely interested in your problem and in giving you the best possible advice. The attorney may not be able to accomplish everything you wish because of the facts or the laws that apply in your case. Many times the best advice an attorney can give will be to avoid court action. He or she may suggest other methods to resolve your matter, such as mediation.

WHAT SHOULD I EXPECT OF MY ATTORNEY? Here are a few tips about what to expect from your attorney. Your attorney should: 1. Give you candid, honest advice; 2. Tell you the strong and weak points of your case; this includes potential outcomes based on facts and your instructions on how to proceed 3. Keep you informed and follow your instructions, within the bounds of the law; 4. Protect and defend you to the best of his or her ability and to the fullest extent of the law; 5. While representing you, not represent any other client whose interests conflict with yours; 6. Provide you, if you ask, with copies of all letters and documents involved in your case; 7. Provide an itemized bill of all work done for you and all expenses incurred on your behalf.

WHAT WILL MY ATTORNEY EXPECT OF ME? The attorney will expect you to: 1. Be prompt for court dates and appointments; 2. Let him or her know how to keep in touch with you. If you have a change of address or phone number or place of employment, let your attorney know; and 3. Be completely honest — even if it is embarrassing to tell the truth about your problem. Remember, what you tell an attorney in private will be kept confidential. Even confessions to past crimes or criminal activity are going to be treated as confidential by your attorney. Exceptions to this rule of strict confidentiality are plans for future crimes and continuing criminal activity or if the attorney believes that you have or will cause injury to a child. Attorneys are required by law to report suspected child abuse. 4. Not withhold any important information during the conversation that could be potentially damaging to your situation. A common tactic is for the other party to discredit you. Therefore, it is crucial that you fully disclose anything you can think of that could be used against you later on in the proceedings. Understand that even with the weight of the facts on your side, the situation could change if information comes out later that gives the advantage to the other party, because this information was not disclosed earlier to the lawyer.

HOW MUCH WILL THE ATTORNEY CHARGE ME FOR HIS OR HER SERVICES? The attorney’s fee depends upon many variables, such as amount of time, the difficulty of the work, the skill required, the customary fee in your area for similar work, the experience, reputation and ability of the attorney, and whether the fee is a set amount or contingent on the outcome of the case. Some examples of fee arrangements include: Flat fee: The attorney may quote you a set amount or standard fee that he or she has arrived at for your type of legal problem. An example of a legal problem that could be covered in a flat-fee matter is an uncontested divorce without children or a simple will. In addition, lawyers usually expect you to pay court costs and to reimburse them for out-of-pocket expenses, such as travel, long distance, postage, courier, or copying expenses. It is important that you find out what any fixed fee covers. Hourly fee: An attorney may prefer to bill you by the hour and collect an initial retainer. Such fees may vary widely depending upon the complexity of the legal work, the skill of the attorney and whether there are time deadlines. If you agree to an hourly arrangement, you and the attorney could include a provision in your contract requiring the attorney not to exceed a specified amount of time or money without obtaining your permission. Insist that you be kept advised every month of the number of hours that the attorney is spending on your problem. You also have the right to ask for a written explanation of what the attorney did during the hours he or she worked on your case.

Questions about fees that you may want to ask are: 1. Can you give me an estimate of how much this legal matter will cost? 2. Can we have a written fee agreement that sets forth not only my obligation to pay you, but also exactly what services you will provide?

HOW SHOULD I MAKE MY DECISION TO HIRE AN ATTORNEY? Based on your first interview, you should consider the following factors before agreeing to hire an attorney: 1. Could you communicate effectively with the attorney? 2. Was the attorney clear and easy to understand? 3. Are fees reasonable in comparison with other lawyers’ charges? 4. Did the attorney give clear explanations of how he or she will let you know about progress in your case? 5. If you are not satisfied with this attorney, do not hire him or her. Look elsewhere for legal help. Houston Divorce and Family Lawye

Author

Shannon Cavers is a Houston Divorce and Family Lawyer practicing in divorce, family law and probate. More information and articles can be found at her website at Cavers Law Firm

How to Find an Indiana Criminal Defense Lawyer

By M.S, June 8, 2007

Although no one ever hopes they’ll need a criminal defense lawyer, the need arises more often than you might imagine. If you live in Indiana – whether in South Bend, Crown Point, Indianapolis, Valparaiso, or any other city or town – it’s important to be able to find a good criminal defense attorney in your time of need. But how do you go about assessing the strengths of an attorney? Here are some tips to help you select a lawyer that meets your needs and circumstances.

Geographic Familiarity

While laws apply to the entire state, each Indiana county has its own approach to criminal justice. As is true for every state, there is some variation in law enforcement from area to area. Judges, prosecuting attorneys, and probation officers have quite a bit of leeway in how misdemeanor and felony cases are handled. It’s important, then, to find a criminal defense lawyer or legal team that has experience in the geographic area where the crime was allegedly committed. Local approaches and procedures can affect the outcome of a case, and a lawyer who is familiar with those differences can work them to his client’s advantage.

Type of Criminal Charge

Some criminal defense attorneys specialize in one type of criminal charge, such as crimes involving a weapon, or traffic ticket appeals, or sentence modification. The best criminal defense lawyers, however, have a broad range of experience in a variety of charges – everything from traffic ticket appeals to felony DUI to carjacking to homicide. Make sure that you select a lawyer who has a broad range of experience, and who is a seasoned trial attorney. Hopefully, the case will never go to trial, but if it does, you want to ensure that you have the best representation available to you or your loved one.

Fighting on Behalf of the Client

A good criminal defense lawyer takes a number of steps to ensure that his client obtains the most favorable outcome. The first step is to take the time to examine the facts of the case. An experienced attorney can see where the police investigation may have been weak, where the prosecution’s evidence is lacking, and whether or not Indiana law has been correctly applied to the case.

The next step is to take proactive steps on the client’s behalf. By offering a client’s defense in the best possible light, and by acting in a timely manner, a good attorney can often have charges for the most serious crimes dismissed or lowered in severity. In contrast, the clients of lawyers who wait until the last minute are rarely offered the best outcomes.

Cost and Availability

When looking for an Indiana criminal defense attorney, cost may not be the primary consideration, but it does enter the picture. Some of the best lawyers offer free initial consultations for the specific problem you or your loved one are facing.

When making your choice, you have a right to expect that your lawyer will be available to you when you need him. Facing criminal charges can be frightening, depressing, and stressful. Knowing that your lawyer is available in a timely manner to answer your questions and address your concerns is of primary importance.

With the right Indiana criminal defense attorney, your legal troubles will soon be behind you or your loved one, and you can get back to enjoying life.

Author

Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies. For tips/information, click here: Lawyer
Visit Majon’s Law and Politics directory.

Court: Parents Don’t Need Lawyer to Sue School

By M.S, May 24, 2007

Parents of disabled children won a major victory in the U.S. Supreme Court, as the justices ruled unanimously that parents do not have to hire a lawyer to sue a school district over providing an appropriate education for a child with special needs.The court’s ruling came in the case of Jeff and Sandee Winkelman, whose son, Jacob, is autistic. When he entered pre-school, Jacob’s tantrums were severe enough that the district placed him in a special school for autistic children.

But after two years, Mrs. Winkelman says, there was a changing of the guard, and new school administrators and school board members said Jacob had to attend regular public school.

Under the Disabilities Act, parents are entitled to go to court to enforce the law, but a majority of the courts have required that parents be represented by a lawyer. If parents didn’t have an attorney, their cases were thrown out.

Today, the U.S. Supreme Court unanimously ruled that parents cannot be shut out of court just because they are representing themselves.

The ruling was a blow to school boards across the country. National School Boards Association General Counsel Francisco Negron says that allowing non-lawyer parents in court will lengthen the process because parents are not legally trained and often are emotional.

Source: NPR

Labor Law Attorneys: How They Can Help

By M.S, February 22, 2007

Labor Law Attorneys represent clients who are having problems in areas of employer- employee relationships especially concerning the overtime law. Some people may be inclined to read the law on their own and represent themselves; this isn’t the way to go. If you check with the Labor board they may be able to help for no charge in the recovery of your lost wages. Some employees will seek the help of a Labor law Attorney for the recovery of wages, award meals and breaks but these same attorneys could be of help with things such as collecting penalties and interest for the failure to pay the overtime.

Also a good attorney may be effective in collecting penalties for an employer failing to pay wages in a timely manner after a separation of employment. The other penalties that an attorney could pursue are vacation pay and other forms of compensation. Labor Law Attorneys are not only of help for solving money issues with employers but they also come into play with other Employee litigation that involves harassment, discrimination, and wrongful termination cases as well. There are different forms of harassment, one of course is sexual harassment which can exist of inappropriate contact, unwelcome advances sexual comments that are defensive, offers a raises or promotions with sexual favors or displaying sexual images. The other is in the form of race, disability, age, religion, and national origin. This may occur in the form of degrading words and gestures, letters, and jokes. You will see these discriminations sometimes in the form of job advancement, termination of employment, pay, and such. So harassment could be in any form. It can be in the form of sex, to race, disability, age, religion. The purpose of a Labor law attorney is to see to it that you are represented well in a case you have against an employer who you feel have cheated you out of money or who has made unwanted sexual advances at you, to anything from unfair termination, or treated you differently because of your race, color or creed.

Ulises Tarmet is a paralegal who has worked with many {a href= http://www.collectovertime.com/ } California Overtime Lawyers educating many clients about {a href= http://www.californialaborlaw.info/ } California Overtime Laws.

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