Posted by Raia on Sep 1, 2015 in Probate | 0 comments
Estate planning can be a complex process, yet is an inevitable fact of life in order to ensure one’s wishes are met in their absence. Estate planning is the best way to ensure your survivors have an easy way to follow your wishes and take care of your property, makes sure it goes to the right places in the easiest manner possible. The plan itself often includes the creation of wills and trusts, establishing the power of attorney and can even include nursing home planning. According to the website of Peck Ritchey, LLC, every case varies and can be more or less complex.
Essentially, estate planning determines the state of financial affairs, who gets what, what the client’s final wishes are and will ensure they are respected. The estate itself can consist of many different aspects, including real estate, stocks, trusts, bank accounts and personal property. The whole process will ensure a quick transfer of property and an efficient way to handle affairs.
After hiring an attorney to help navigate through the process, they will help write a will, which outlines what goes where and to whom. In the will, typically included is an executor of the will, or the person who will be left responsible for executing the final wishes outlined in the will, as well as designate guardians for young children. Writing a will with the help of legal counsel can also help minimize estate taxes left for loved ones after passing. A comprehensive estate plan will also help articulate decisions on final health care requests and sometimes funeral arrangements.
Posted by Raia on Aug 31, 2015 in Criminal Defense | 0 comments
When facing criminal charges there are many critical factors to look for that can help the accused present the best case at trial. There is a big difference between being charged with and convicted of a crime, and an experienced criminal defense attorney can be the deciding factor in many cases.
First and foremost, it is of the utmost importance to find an attorney that specializes in criminal law, rather than civil law. Each type of law involves very different cases and stakes for the parties involved. According to the website of Law Office of Richard A. Portale, P.C., criminal defense attorneys typically practice on their own in a specific geographic area, whereas attorneys specializing in civil lawsuits are typically organized into large firms and handle cases from many different cities. The reason for this difference is the nature of each type of law. Civil lawsuits can often involve large businesses from around the world, whereas criminal law is typically very local.
It is advantageous for anyone facing charges in a criminal court to hire a local defense attorney. Although law is nationwide, courthouse procedure varies from county to county. An experienced local criminal defense attorney will know how the D.A. operates there, how the police conduct their investigations, and how specific judges handle their courtrooms.
Finally, the accused should look for an attorney that specializes in the area of law in which their lawsuit is involved. Because criminal charges vary substantially, ranging from murder to white collar crimes, it is necessary to find an attorney who practices in the area which your case is concerned, according to the website of Law Office of Daniel Jensen, P.C. An experienced, specialized attorney may have contacts in the courtroom, or highly successful tactics and strategies in order to deliver an acquittal or lessen charges, which an attorney specializing in another area might not have.
Posted by Raia on Aug 29, 2015 in Car Accidents | 0 comments
Everyday driving puts drivers in proximity with large trucks such as semi trucks, construction vehicles, and even garbage trucks. They are the most efficient way for companies to transport things or help them conduct business, but they can still be hazardous to public health, as these types of vehicles are frequently involved in accidents. When passenger vehicles are involved in wrecks with these types of trucks, the effects are much more likely to be severe, simply due to the size of the truck, according to the website of Crowe & Mulvey, LLP.
The fact that accidents happen daily with these types of vehicles makes their consequences no less devastating. Truck accidents can involve pedestrians, motorcyclists, passenger vehicles and bikes. Liability in these accidents, when the truck is at fault, can fall with any number of different entities. Most obviously, liability in an accident involving a large truck falls with the driver, when they are deemed negligent and therefore at fault. The company for which they drive the truck can also be held liable in a lawsuit over the accident. In the case of garbage truck crashes, a number of different companies, such as Waste Management Inc., Republic Services, and Clean Harbors may be to blame for the crash, and therefore required to pay damages, according to the website of the garbage truck accident lawyers at National Injury Law Center.
In addition, companies who manufacture parts of trucks, in cases where defective parts play a role in the crash, and the companies responsible for maintaining trucks can be held responsible to pay damages after a crash.
A trademark is a word, symbol, or name which differentiates one product or thing from another, whereas a copyright protects original intellectual property, including written, musical and artistic works, among many others, both published and unpublished. Trademarks are essential to the success of businesses, according to the website of Gagnon, Peacock & Vereeke, P.C. They help to regulate commerce and ensure fair competition among brands, while preventing confusion among consumers.
The first step to securing a trademark is to do a trademark search. This can typically be accomplished on the Internet for searching the name in question and its product category, as well as similar variations on the name in the category. If the search results in finding a similar product with the same name, it would be best to choose another name. Moving forward with a trademark that is already in use by another entity can subject you to lawsuits and result in having to relinquish the name, in addition to paying damages and lawyers’ fees. After searching the Internet, consult the United States Patent and Trademark Office database as a final source on the subject.
If your search results in no findings, you can then file for your trademark with the USPTO. If approved, it is awarded protected from competitors, and protects the integrity of the brand, while differentiating it from similar brands.
Once the trademark has been awarded to your brand or service, it can be infringed upon when it is used in an unauthorized fashion, typically by a competing brand or service. If this occurs, the owner of the trademark can file a lawsuit against the user of the infringement, and if found guilty, will be awarded damages. The court rules on whether or not the infringement could be confusing to the average consumer of the product. Ultimately, trademarks serve to protect words, phrases and logos used in commerce, typically to help identify brands of goods and services.