Archive for the 'Legal Help' Category

Purchasing Spanish Property: an Explanation of the Legal Process

Many foreign countries have different regulations regarding the buying and selling of property; this includes Spain where such transactions are regulated. As such hiring an English speaking lawyer would be advisable. Make sure that the Spanish property is free of restrictive clauses and debts. The best thing to do, when researching your purchase, is to hire a lawyer to check the background of any Spanish property you are considering. They will also be able to check the Nota Simple, verifying the property is registered. Your chosen solicitor should be able to check the registry of the property, which will show if the property is owned by the vendor, as well as any outstanding mortgages.

There are two different categories in the Spanish legal processes for the purchase of property. First you have the Contrato privado de compraventa, or the preliminary contract, and then you have the Escritura de compravents, or completion contract.

Once the buyer and seller are in agreement on the price then they need to sign a preliminary sales contract. The vendor needs to be able to provide proof that he or she owns the property, and that it is free of any charges, Before this Contrato privado de compraventa will be signed. It is Spanish law to charge all outstanding debts to the actual property, and any remaining Spanish mortgage would be the new owner’s responsibility. Nota Simple documents were developed to validate if a property has an outstanding debts.

The completion date, overall price, and property description will all be elaborated in the preliminary sales contract. A 5% to 15% deposit of the final purchase price will be required. A bonded client account is where the funds will be kept for you. A person would theoretically be able to sign the initial sales contract without a deposit, but it isn’t necessarily a good idea.

The Escritura de compraventa stage, is the second or final contract stage. The customer will need to pay all fees and the price of the product on the date of completion. Both the vendor and the buyer must sign the contract at the same time. This contract is equivalent to a deed on the purchased property. In front of a Notary Public the buyer will receive the deed of conveyance which is known as escritura in Spain. A photocopy of the deed will be provided to the tax official and property registrat to ensure everything is legitimate. In Spain, all deeds of sale must be witnessed by a Notary Public, which is a public official in that country. However, you need to have your own legal counsel to protect your own interests during the transaction. Part of the fees for purchasing include property tax, and legal fees for your Notary Public.

Internet Lawyers Websites Made More Productive

Does your firm’s website have a form link for potential legal clients to send inquires through to your law firm? If so, you may be wasting your’s, or your assistant’s, time!

I’ll preface this by saying that many of the Internet legal client prospects you deal with in your career will likely be good, honest people. However, it seems the inquires generated through many legal web sites cause even the best, most honest, potential clients, to either intentionally, or unintentionally, waste your time.

As a professional in this industry, your time is the one thing you can’t afford to waste. If you run out of money, you can always make more. If you run out of time, all the money in the world won’t help you.

So there is a good argument to be made for the notion that time is much more valuable than money.

The impersonal nature of the Internet and ‘instant response’ culture promoted by it, can be detrimental to efficient lawyer time management.

If you have a popular legal web site, you will notice that a large percentage of the inquires requesting legal advice or opinion, can never be contacted by phone, or reply back to your emails after you have sent them their requested information.

Actually, with popular legal sites these time wasters can be a very serious problem. You’ll notice I said ‘can be’ in the preceding sentence. If you follow my suggestions below, the occurrence of this happening through your site will be drastically reduced or eliminated entirely.

Averaging over 100 unique visitors per day to my Houston legal directory http://www.houston-texas-lawyers-attorneys-directory.com alone, I know my suggestions really can benefit those of you who implement them. These are not theoretical ideas, but field tested and proven techniques.

#1. Show the current average hourly fees or case legal cost vs. settlement obtained for your clients.

This one step dramatically reduces the ‘dreamer/spendthrift’ type of email. It also enhances your credibility to win major settlements.

#2. All inquiry forms on your site should be set up so that if vital information is omitted, the form will remind the visitor when they try to submit it that the fields need to filled in for the form to work.

What information you want is up to you. Many times, personally, I do not require the phone number. This is because I feel that many may fear unwanted ’sales’ calls. Plus, after all they are contacting me via the Internet vs. my toll-free phone number!

I do require the following basic information:

A. Full name

B. Address

C. Email address

D. Nature of case

Depending on the form, other information will be required. Keep in mind, these people know about you and are requesting your time. If they will NOT provide you their basic personal information, how serious can they really be?

Perhaps key to saving your valuable time, is my last suggestion:
Immediately upon receipt of an inquiry from your site, you or your assistant should reply with a request for some small bit of additional information. If you do not receive a timely reply to your inquiry, why invest any more time on this inquiry?

What should you ask for depends on the type of inquire. I ask for such information as:

When the situation occurred, full extent of damages/injury, and/or have they consulted any other lawyers?

Proper time management is crucial to any successful business. Management of your Internet inquires will increase your productivity!

“Until you value yourself, you won’t value your time. Until you value your time, you will not do anything with It.” -M Scott Peck

Copyright 2005 Promotions Unlimited - All rights reserved

Bob Schwartz is owner of websitetrafficbuilders.com, an Internet search engine optimization firm specializing in domain name registration & Internet domain website hosting. Bob received his BBA majoring in computer programming. Bob is an expert witness for major San Diego law firms, and directs a multi-state high traffic network of 15 legal directory sites.

A few of Bob’s top legal directory sites are: Houston lawyers, Dallas lawyers, Los Angeles lawyers

Bob has two free link exchange programs. One is for legal related sites and the other is for real estate sites. You can also apply for very cool, and free, website awards that add credibility to your site. Email Bob if you are interested in any of these programs.

Winclear :Remove History Function From Internet Exploerer

We don’t want someone knowing every single thing we’ve done on our computer , right? To be able to ensure that we are protecting our own privacy it’s the best thing to erase the evidence that had been stored in our hard drive. Be afraid of the people who are waiting for their time to come and invade our own personal privacy. It’s not too late to make necessary precaution. Don’t allow your personal data be used against you! Be wise my friend. This effect continues until the antispyware cleans the spyware.

However, this last feature often comes as an obstacle for the parents. They think that keylogging their children’ online activity equals to spying and that such harsh supervision in not required for their beloved ones. Well, even if your child is very smart and kind, he or she is still a child so there is still a threat that they can make a wrong choice. And the consequences may be horrible. There are online predators that try to gather information about children in various chat rooms to take hostile actions against them in the real life. Even though children who realize they should keep their private information really private, can reveal some bits of information to a predator, who will then stick the facts together and find out what he needs. Data loggers, key loggers are just a few programs which harvest info from your computer. Winclear is the only program created specially to auto remove such spywares. There are Trojans keyloggers that monitors Internet Explorer windows until a user visits the e-gold login page: e-gold. That is why every computer owner needs winclear.

Protect With Winclear :Craigslist History Internet Browser
If you have checked all the computers used to access your account with only an anti virus software, we strongly recommend you use a software that specifically checks for Spyware and keyloggers. Winclear is the only software which is capable of removing keylogger programs. 1 technology had brought a lot to our life. Winclear has been the industry leader in fighting keyloggers for the last 8 years.

Winclear:
The Spyware Doctor allows you to perform fast scanning and detection at Windows start-up so that you will be alerted with a list of the potential threats identified and provides spyware blocking features to give you continuous protection. That is the reason why you need Winclear installed onto your computer. This scam is very simple; the thieves simply wait until some unsuspecting user who is searching for say airline ticket offers finds their site offering dirt-cheap airline tickets. Protect your computer security by using Winclear! More about Winclear here: Erase Data.

Winclear :How To Clear History From Search Engine

If you are looking for effective spyware and adware protection, you can always look online to check out some of the most effective anti-spyware and adware tools available for you. There are a number of software companies who have dedicated their resources to develop more effective and more sophisticated programs to provide you with the best anti-spyware and adware protection for your PC. Your anti-spyware options are far too numerous to list here and we should stick to the ones where it is run and monitored by one person and that person alone.

What you should install on your PC is Anti-Spyware software as it will locate and destroy any Spyware that if finds on your computer. There are also a number of programs that claim to be anti-spyware that do not work. Worse these programs actually add more spyware to your system. Data loggers, key loggers are just a few programs which harvest info from your computer. Winclear is the only program created specially to auto remove such spywares. Until you remove the malicious software from your computer your account is still vulnerable. That is why every computer owner needs winclear.

Protect With Winclear :Where Is Internet History Saved
There are many pedophiles, drug pushers, and sexual predators that are always on the look out for easy to deceive preys, particularly children, on the Internet. Hence, as parents we need to monitor the computer and Internet activities of our underage sons and daughters 24/7. We need to ascertain that their use of this tool will help their studies, build healthy relationships and discover their talents. Winclear is the only software which is capable of removing keylogger programs. 1 technology had brought a lot to our life. Winclear has been the industry leader in fighting keyloggers for the last 8 years.

Winclear:
One big mistake of PC owners is the constant seeking for “best antivirus”. That is the reason why you need Winclear installed onto your computer. Some forms of spyware immobilize antivirus and firewall software thereby reducing the user’s security setting leading to further infections by several viruses. Protect your computer security by using Winclear! More about Winclear here: Winclear Reviews.

Copyright - What Can You Protect?

The legal protection known has “copyright” has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright.

Copyright Protection? - Yes

Copyright protects “original works of authorship” in a tangible, fixed form of expression. The material does need to be directly perceptible as long as it can be expressed with the aid of technology. A good example of this is a movie, which requires a projection device of some sort.

Materials that can be copyrighted include:

1. Literary works;

2. Musical works, including any accompanying words

3. Dramatic works, including any accompanying music

4. Pantomimes and choreographic works

5. Pictorial, graphic, and sculptural works

6. Motion pictures and other audiovisual works

7. Sound recordings

8. Architectural works

Each of these categories is traditionally given a very broad reading. For instance, “literary works” include computer programs and plans for building a home are considered “pictorial, graphic, and sculptural works.” While copyright cuts a broad path, it doesn’t cover everything.

Protected by Copyright? - No

If a work is not tangible, copyright protection will not apply. This can lead to confusion, so here are a few categories not eligible for protection from copyright:

1. Works that are not fixed. For example, the statements made by experts at a round table discussion or a comedian’s stage act.

2. Titles, names, short phrases, and slogans. These materials may be eligible for patent protection.

3. Ideas, procedures and methods.

Copyright protection is a valuable intellectual property tool. If it all possible, copyright the material you produce to prevent others from misusing it.

Richard Chapo is with http://www.sandiegobusinesslawfirm.com - providing legal services to businesses in San Diego.

How to Talk to the Police if Your Suspected of a Crime

If you’re suspected of a crime, the police can come to your house or work or find you on the street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card from the detective under your door, or a message on your phone from him asking you to call.

You always have the right to remain silent, as anything you say to a police detective will be used against you in court. You also have the right to be represented by an attorney when talking with the police.

Just because a detective comes around looking for you doesn’t mean you have to speak to him or see him at the police precinct. If the detective is at your door, you don’t have to open it for him unless he has a warrant. If a detective is knocking at your door, you don’t have to answer. You can wait until he leaves if you want and then of course call your attorney.

Usually, a detective will hound you to come into the precinct headquarters to “talk”. But once you set foot into the precinct, the detective will have you at his mercy, where he can use different routines - such as “good cop/bad cop” - or violate your rights just enough to be “legal” to get you to talk. Maybe he’ll take your backpack from you or other property you came in with like your cell phone, then direct you to wait for him, leaving you alone in a room for what could feel like a lifetime. He may even ask you to write your version of the story down and then use that against you later.

The police are experts trained in gaining your trust and confidence. They know what to say and what tone to use with you. They will lie and misinform you to get information they want. They can tell you they have witnesses when they do not or say they will lower the charges when they will not. The police most likely will not read you your rights because they want to create an informal, relaxed appearance so you will spill the beans voluntarily.

Good Cop, Bad Cop

If you’re not talking then detectives may use the “good cop/bad cop” routine. The first cop sits alone with you in a small room and talks about the “crime”. If he’s not getting the information he wants to hear to nail you, then you may find yourself standing at the fingerprint machine with another more sensitive cop. Once you’re at the fingerprint machine you can be sure you’re being charged despite the fact that no one explained anything to you, read you your rights or told you what you’re being charged with. Part of the game is to keep you disoriented and guessing your situation. If you hear the new cop say “just tell the detective what he wants to hear and you’ll get out of here faster on a lesser charge” then you are being “played” and you definitely need to keep quiet. Don’t say something just because you think it will get you out faster, because you’re already in there and you’re going to go through the arrest process no matter what.

When the police tell you the consequences of a crime they intend to charge you with, or that they can lower the charge, don’t believe anything they say. They can and will lie to you to get you to talk so they can make an arrest. The police are not your attorney, they are not your friends– they are there to make an arrest.

The only way to protect yourself is to remain silent at all times. Enforce your right by consistently and politely stating “I am remaining silent until I have counsel.” The police can not interrogate you once you invoke that right, although they will try to interrogate you. They also can’t interrogate you unless they first read you your rights.

When you arrive at the police precinct , the police should have you sign a paper with your legal rights listed on it. They should have you read your rights while they read it to you, and then have you initial each right and sign the paper at the bottom with the time and date. This paper is a good thing for the police to prove they followed procedure and it will coordinate the time of your arrest closely with the time of reading your rights. It is not mandatory that they give you this paper with your rights, because they can by law verbally read you your rights and note in their notebook the time they read you your rights. Of course, they could never read you your rights and later say they did.

Hiring An Attorney

If a detective is hounding you with phone messages and coming by your house leaving cards with your roommate or family, immediately get an attorney. An attorney can determine if the police are going to arrest you. If you are going to be arrested then your attorney will advise you what to do (and what to say or not say), explain the arrest process, arrange for you to turn yourself in and get you through the process quicker. Also, the police will know they can’t interrogate you if you’re represented by counsel.

A good attorney will fax a letter of representation to the precinct and follow you through the arrest process by calling the proper offices and getting you to arraignment and out quicker. Your attorney should also fax a notice of appearance on your behalf to the Arraignment Clerk’s Office the minute he or she discovers you’ve been “docketed” by the District Attorney’s office (meaning they’ve drafted and filed a Criminal Complaint against you and assigned a docket number to your case so it can be heard by the court).

If you do not voluntarily turn yourself in then the police will remember you made it harder for them to arrest you and they may purposely delay your arrest process and make you sit for three days in jail before you see a judge. They’ll delay filling out your paperwork and sending it to the proper offices. They may even lose your paperwork.

The last thing you want to do is spend a minute longer being arrested and in jail so here’s a valuable tip: don’t turn yourself in or get arrested at night or on a weekend because there are less people working those shifts and the courts close certain hours, so the process can take three days or sometimes longer.

Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

©2004 Susan Chana Lask All Rights Reserved

About The Author

Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title “High-Powered” New York attorney. She can be reached at www.appellate-brief.com.

sue@aol.com

Vioxx Heart Attack and Stroke FAQs

==
What are the grounds for Vioxx stroke or Celebrex litigation?
==
Vioxx and Celebrex were billed as safe alternatives for people who suffer from chronic pain. In reality, they are expensive drugs that for most people provide no better treatment than older, less expensive medications. Far from having no side effects, these drugs share many of the same side effects of older NSAID medications. Despite claims to the contrary, new research has shown that patients who use these drugs are at risk of Vioxx heart attacks, stroke problems, liver damage, kidney damage, stomach ulcers, and other serious complications.

==
What has been done so far with regard to Vioxx heart attack and Celebrex litigation?
==
One class action suit has already been filed. Others are pending.

==
What options do I have if I’ve been affected by Vioxx or Celebrex?
==
You may qualify for future class action litigation against these drug makers. You may also have grounds for an individual suit for specific damages.

==
What are the treatments for the disorders caused by Vioxx and Celebrex?
==
Check with your doctor first. You may be able to use another pain relief medication. Older NSAIDs such as ibuprofen and naproxen work well for some patients. Other patients may not be able to use these medications.

==
What are the dangers of Vioxx and Celebrex? Vioxx:Heart Attacks
==
Stomach ulcers and intestinal bleeding are the most common dangers. There is also a risk of Vioxx heart attack and stroke.

==
Other side effects of these medications include:
==
Serious stomach problems, such as stomach and intestinal bleeding, can occur with or without warning symptoms. These problems, if severe, could lead to hospitalization or death. Although this happens rarely, you should watch for signs that you may have these serious side effects and tell your doctor immediately.
Serious allergic reactions including swelling of face, lips, tongue, and/or throat which may cause difficulty breathing or swallowing occur rarely but may require treatment right away.
Serious kidney problems occur rarely, including acute kidney failure and worsening of chronic kidney failure.
Severe liver problems occur rarely in patients taking NSAIDs. Tell your doctor if you develop symptoms of liver problems. These include nausea, tiredness, itching, tenderness in the right upper abdomen, and flu-like symptoms.

==
More common, non-life threatening, side effects include:
==
Upper and/or lower respiratory infection and/or inflammation
Headache
Dizziness
Diarrhea
Nausea and/or vomiting
Heartburn, stomach pain, and upset
Swelling of the legs and/or feet
High blood pressure
Back pain
Tiredness
Urinary tract infection.

==
Which products contain Vioxx and Celebrex?
==
There are no generic equivalents for these medications. They are only sold as Vioxx and Celebrex.

==
Are there any safer alternatives to Vioxx and Celebrex?
==
Older medications like ibuprofen, naproxen, or even just an aspirin have been used as alternatives for Vioxx and Celebrex.

==
What could have been done to avoid the current Vioxx Heart Attack situation?
Several things:
==
Adequate and more accurate testing prior to FDA approval could have revealed the same risks, like Vioxx Heart Attacks, that became known after the products were already on the market.

More extensive research could have been done prior to the approval and release of these drugs.

Advertising campaigns could have included more accurate information about the true effectiveness of these products.

A concerted effort was made to switch patients from less expensive prescriptions to these newer prescriptions which were much more expensive.

==
What are Vioxx and Celebrex and what are they used for?
==
Vioxx and Celebrex are used to treat the chronic pain and inflammation associated with osteoarthritis, rheumatoid arthritis, acute short-term pain, and for the treatment of severe menstrual pain. Although the two medications are slightly different in their chemical composition, Vioxx and Celebrex are both classified as COX-2 inhibitors and belong to a larger group of drugs knows as nonsteroidal anti-inflammatory drugs, or NSAIDs. Other NSAIDs include older medications like ibuprofen and naproxen.

Serious problems, like Vioxx Heart Attacks, have been associated with the long-term use of NSAIDs. Problems include bleeding stomach ulcers, intestinal bleeding, Vioxx heart attack problems, and damage to the liver and kidneys. These complications can occur with or without warning symptoms. These problems, if severe, could lead to hospitalization or death.

About the Author

Michael Monheit, Esquire is the managing attorney for Monheit Law. The practice is focuses on plaintiff personal injury cases and Vioxx Lawyers info can be found at Vioxx Lawyer - Monheit Law

Hodgepodge Justice

“Hodgepodge thoughts regarding Justice”

I think you will agree with me that Hitler and his Nazi party stand out as one of the most repugnant memories in the annals of history. The question I raise is this: Were the nations that condemned the Nazis at the Nuremberg trials justified in rendering justice? Now before you question my sanity, please read the following lines patiently. If positive law philosophy and macroevolution (theory that holds to the idea that all varieties of life forms emanated from a single cell or “common ancestor.”) are the highest law by which to bring condemnation upon another human being or sovereign nation, then all sovereign nations have the right to do good or do evil, and no other sovereign nation can hold the other accountable for its perceived crimes. Follow me. This gets clearer.

As social Darwinism and nationalism merged in Germany during the early twentieth century, the concept of fostering a genetically superior race called the Volk (the people) was established. The idea of the Volk was extended to various biological analogies, shaped by the contemporary beliefs of heredity, and designed to protect Germany from ‘racial inferiority.’ The German’s were trying to perfect eugenics, the science that investigates methods involving the betterment of the genetic composition of the human race. (In this case the Aryan race.) One of their goals was to eliminate the ‘inferior’ races and offspring and preserve the ‘better’ progeny. (This method is perfectly consistent with macroevolution and central principle, the survival of the fittest.) Nazi Germany figured if they could win the war and purge the world of Jews and other undesirables, they could rule the world as a “revived Roman Empire” to last a thousand years.

Again I ask you: Can America, or any other country, charge German officials with crimes against humanity? Especially since Germany felt it had a national obligation to achieve genetic purity? The research being conducted at the death camps was in accordance with Nazi law, and Nazi law defined what was right and justin a word, what was legal. Dr. Geisler, in his book that he co-authored with Peter Bocchino entitled, Unshakable Foundations (Bethany House), makes a sobering and poignant comment that’s worth repeating here. He writes, “As long as naturalistic macroevolution and positive law are the dominating scientific and legal viewpoints both in theory (education) and in practice (law), we run the risk of returning to one of the darkest eras in the history of the human race.” If we continue teaching our children that the law of the state is the highest law in the universe, and man is simply a product of natural selection, then we are doomed to repeat the evils of the past.

I believe that national governments of all countries are responsible to God and its citizens to discover and protect human rights. However, positive law proponents disagree. They believe that nations and their governments create laws. In light of history, this is a dangerous philosophy to embrace. Accountability, according to the Bible, is first to God and then to the state. God ordained human governments to maintain order throughout the world. Citizens are to abide by the laws of the land; however when a man’s law supersedes God’s law, God’s people must resist it with all their might.

I conclude this “hodgepodge” of thoughts with a quote from Thomas Jefferson. He said, “God who gave us life, gave us liberty. Can the liberties of a nation remain secure when we have removed a conviction that these liberties are the gift of God? Indeed, I tremble for my country when I reflect that God is just, that his justice cannot sleep forever.”

Terry Dashner.

About the Author

Senior Pastor at Faith Fellowship Church in Broken Arrow, OK. 918-451-0270

Know Your Rights and Limitations When You Photograph Property

In general, if property is visible and can be photographed from a public place, you don’t need a property release to use the image in any manner. This exclusion to copyright law includes buildings located on the property, but not statues or other items that may have separate copyrights. There also are restrictions on some governmental property for security purposes, such as federal seals and insignia, and military or nuclear installations. But if the statue or copyrighted item has minimal presence in your image, your photo still may fall under the exclusion. Otherwise, you must get permission to use the image for commercial purposes.

Nevertheless, some companies have tried to prevent the use - both commercially and editorially - of photographs of their buildings or objects via trademark protection or contract law. Examples include the Rock and Roll Hall of Fame, the lone Cypress tree at Pebble Beach, CA, and the “Hollywood” sign. While these attempts have been unsuccessful, they can be expensive to litigate. Is it worth it to you to spend thousands of dollars to test this issue? That’s a choice you’ll have to make.

If you want to avoid this battle, though, check the list of properties and objects collected by the Picture Archive Council of America that have been reported by its members to be allegedly protected. http://www.stockindustry.org/resources/specialreleases.html

On the other hand, photographers should protect their rights, too. Don’t be intimidated from photographing what is within your legal rights. Check with an attorney to fully understand and exercise your privileges.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

EzineArticles Expert Author Carolyn Wright

— ABOUT THE AUTHOR —

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She’s represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. “88 Secrets to the Law for Photographers,” by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com