Seeking Help From A Lawyer Recent content on Seeking Help From A Lawyer Hugo -- en Fri, 29 Nov 2019 16:02:47 +0000 Why A Witness Should Get A Criminal Defense Lawyer Fri, 29 Nov 2019 16:02:47 +0000 <p>Witness to wrongdoing may not seem like the first reason to hire a criminal lawyer. The world, however, is an odd and sometimes unfair place, even for folks who feel it's their civic duty to serve as witnesses when crimes have been committed. Here are four reasons why you should consider retaining the help of a criminal defense lawyer if you believe you are or worry you will be a witness.</p> <p><strong>You Might Become a Suspect</strong></p> <p>It's not out of the realm of possibility that you may become a suspect. Someone close enough to events to be a witness may have been close enough to be a suspect due to leaving behind physical evidence. A few fingerprints, some hair or a couple of fabric fibers is all it takes for you to suddenly become much more interesting to a police detective or a prosecutor.</p> <p><strong>The Accused Might Throw You Under the Bus</strong></p> <p>Casting a shadow of a doubt of the state's case can be a challenge for an accused person. Pointing the finger at someone else, however, might make for a very good start in their own criminal defense. If you're not prepared to push back on accusations, you might quickly become what investigators like to call a "person of interest." Interesting people become defendants all the time, and some of the innocent ones even get convicted.</p> <p><strong>Criminal Exposure</strong></p> <p>Not every witness is completely clean. Someone might have witnessed a stick-up because they were buying black market goods, for example. Yes, they're a witness, but they also have exposure on a more minor offense. These witnesses can highly benefit from the services of a criminal defense lawyer.</p> <p><strong>Process Crimes</strong></p> <p>In the American legal system, some actions are considered offenses against the process. These are crimes like obstruction of justice, witness tampering and destroying evidence.</p> <p>What makes these allegations scarier is the prosecutors sometimes use them as leverage. They attempt to threaten a witness with a charge on a process crime to push their testimony against someone else. Suppose a mother knew her son was selling drugs out of her house, and she's acting as a witness. For some reason, the prosecution decides she could be more helpful than she has been. Pretty soon, they start talking up charging her because she simply threw out a bag of trash that they say contained evidence. Without a <a href="" target="_blank">criminal lawyer</a> there to rebut the argument, that scenario can get ugly fast.</p> <p>If you find yourself in any of the above situations, reach out to a criminal defense lawyer for help.</p> Understanding The Fundamentals Of Workplace Sexual Harassment Thu, 20 Jun 2019 09:48:08 +0000 <p>With the #MeToo movement taking center stage in much of the news, employers are finding themselves increasingly concerned about the potential for sexual harassment in their work environment. Since many employers are undereducated about the legal facts surrounding these charges, it's important that you familiarize yourself with the basics in order to protect your business and your employees. Here are a few things that you need to know.</p> <p><strong>Don't Dismiss Claims Based On Gender</strong></p> <p>Some employers are too quick to dismiss a sexual harassment complaint filed by a male victim or a claim that's focused on a female assailant. The widespread belief that only women can be victims of sexual harassment, paired with the belief that the only ones who can be guilty of such acts are men, has led to this common and costly mistake. Remember that any claim of sexual harassment needs to be treated seriously, no matter who is involved.</p> <p><strong>Don't Dismiss Claims Based On Hierarchy</strong></p> <p>Another common misconception about sexual harassment is that it can only occur as a result of actions from a supervisor to a subordinate. This isn't the case. Sexual harassment is any unwelcome advance or statement, no matter who it is coming from or directed to. In fact, sexual harassment claims don't even have to involve employees as both parties. If one of your employees makes a customer feel uncomfortable, or vice-versa, that is still a valid claim.</p> <p><strong>Don't Dismiss Indirect Claims</strong></p> <p>You might dismiss a claim that's filed by someone who wasn't actually the intended target of the statement or action in a wrongful assumption that sexual harassment claims can only be filed by the party directly involved in the situation. The truth is that a sexual harassment victim doesn't even have to be the person that the statement was made to or that the action was involving. If the incident made the individual feel uncomfortable, they have a valid reason to file a complaint.</p> <p><strong>Don't Dismiss Claims Because There Was No Measurable Loss</strong></p> <p>It's easy to assume that a claim is no big deal because the victim wasn't fired as part of the harassment, nor did they lose any form of compensation in the process. Don't fall into this trap of believing that there must be some form of loss for the claim to be valid. Sexual harassment claims don't require any form of monetary damage in the process of the harassment to be considered a valid claim.</p> <p>If you have any reasons to be concerned about the potential for sexual harassment in your workplace, reach out to a <a href="" target="_blank">sexual harassment attorney</a> today for more information.</p> Three Things To Be Sure You Do When Planning Your Estate Fri, 01 Jan 2016 20:51:32 +0000 <p>Planning for after your death might seem like a grim thing to do, but estate planning can be a wonderful way to provide for and protect your loved ones after you are gone. In order to ensure that your loved ones can avoid probate proceedings, be sure to do the following things when planning your estate.</p> <p><strong>Set Up Agreements of Joint Ownership</strong></p> <p>When you own property or a business with someone, to make sure that it goes to them after you pass away, it is a good idea to set up an agreement that grants both of you joint ownership. After your death, all your interests in the property or business will pass seamlessly to the other person.</p> <p>It is important that you realize that once a joint ownership contract is in place, your will cannot supersede that agreement. For example, if you have entered into a business with a friend who now has joint ownership, even if your will names your son as the heir to that business, the joint ownership agreement will still stand.</p> <p><strong>Update the Status of Your Retirement Accounts</strong></p> <p>One easy way to help your loved ones avoid probate proceedings is to have your retirement accounts go directly to your family. If you are like many people, the payee on your retirement accounts is you. To make things easier for your family, make sure that each retirement account is set to "pay on death" to your beneficiaries. You may think that happens automatically, but in many cases it does not.</p> <p><strong>Reassess Regularly</strong></p> <p>When you have finished writing your will and setting up your insurance policies and other documents, you might not think about estate planning anymore. However, in order to help your family avoid probate, you need to be sure that you're reassessing your beneficiary list on a regular basis. Your spouse might die, or your daughter may get married, or other life events may prompt you to make changes in your will.</p> <p>If you do not reassess what you've done and make changes accordingly, when you die, some of your assets may still be going to someone who has also passed away or someone you no longer want to give anything to. Take the time to look over your documents at least once every few months so that your most current wishes are known.</p> <p>Use the information above to help you make the right decisions when working on estate planning. Talk to a probate attorney like <a href="" target="_blank" rel="nofollow">Wilson Deege Despotovich Riemenschneider &amp; Rittgers</a> or others&nbsp;so you can be sure your family can avoid having to go to probate court after you pass away.</p> Incorporating The Unincorporated: How The Corporate Attorney Plays A Part Thu, 25 Jun 2015 10:35:10 +0000 <p>How do you define your type of business? At present, you may describe yourself as "<a href="" rel="nofollow">unincorporated</a>," simply because you are not incorporated. An&nbsp;<a href="" rel="nofollow">incorporated business</a>&nbsp;is one that has applied to become a legal entity within a particular state and is funded by shareholders. (In the beginning, the shareholders may be you and a couple of partners or silent investors, people who invest in your company but do not participate in daily operations.) If you want to become an incorporated business, then there are some legal procedures involved. However, if you do not know what the legal procedures are, a professional corporate attorney, like those at&nbsp;<a href="" target="_blank" rel="nofollow">Strauss Troy</a>,&nbsp;does, and will help you in several ways.</p> <p><strong>Defining a Business as It Becomes Incorporated</strong></p> <p>If you initiate the incorporation process with your lawyer, your small business will be temporarily referred to as "unincorporated." After the state and federal governments have approved all of your paperwork and legal documentation for incorporated status, you are then labeled and listed legally as "incorporated." (You cannot become an incorporated business if you already claim&nbsp;<a href="" rel="nofollow">sole proprietorship</a>,&nbsp;because incorporation requires that your company have shareholders and a handful of paid employees.)</p> <p><strong>Filing the Incorporation Paperwork</strong></p> <p>Your "Articles of Incorporation" are professional and legal statements and documents that your corporate lawyer will first meet with you to discuss, then write and file. His or her legal fees and retainer are entirely separate from the fees you need to pay to become incorporated. Most of the federal fees required for your incorporation are the same, no matter what state you live in, but&nbsp;<a href="" rel="nofollow">state fees vary</a>. Your lawyer will see to it that all of the paperwork is filed with the corresponding fee amount, and that all the necessary documents are in order prior to filing.</p> <p><strong>Receiving the Finalization and Acceptance Documents</strong></p> <p>If you have not already assigned the duties associated with your company's registered agent, now is the time to do so. The registered agent, for most incorporated businesses, is the corporate attorney who will manage any future lawsuits, file and receive documents regarding your company's incorporation, and manage other legal matters for you. Since the registered agent has to receive lawsuit documents, it is just more convenient and less of a legal headache to keep your corporate attorney on long-term. If you choose not to hire and assign the duties of the registered agent to your lawyer, you will still have to have an attorney at the ready to manage these important business and legal affairs.</p> Protecting Your Product Ideas: Three Myths About Patent Protection Fri, 17 Apr 2015 10:23:27 +0000 <p>One of the most confusing parts of entrepreneurship is determining what you need to protect and how to protect it. Although commercial insurance policies are widely accepted as necessary protections, you may not feel the same way about patents. Despite how long patents have been available and the consistency of the process, there are many misconceptions that can leave new business owners feeling uncertain at best. Here are a few of the most common misconceptions about the <a href="" target="_blank" rel="nofollow">patent</a> process and the protection that patents offer.</p> <p><strong>Applying for Patents Will Limit Your Investor Options</strong></p> <p>Some small business owners believe that they'll have a hard time finding an investor for your business if you've protected your product with a patent application. This belief often stems from the fact that a patent application will lock your product design in as it is, limiting what you can change without losing that protection. In fact, many investors actually prefer to work with entrepreneurs who have patents in place for their products, because it shows a level of faith in the product, initiative to protect the concept and a limited competitive market.</p> <p><strong>Applying for a Patent Just Makes You a Target for Infringement Lawsuits</strong></p> <p>While it's true that there are a vast number of patented products on the market that could potentially have some similarities to the product that you created, that doesn't mean that you make yourself a target for infringement by filing a patent application. If you work with a patent attorney when you fill out the application, he or she can help you put the necessary details into the "Claims" section to protect yourself from this potential.</p> <p>The more detail you provide about the intended use of the product, the better your protection will be against infringement. In order to claim infringement, a company would have to show sufficient similarities between your claims and theirs. This could be more difficult with a highly specific product description.</p> <p><strong>There's No Competition in my Market, I Don't Need a Patent</strong></p> <p>You may believe that there's no obvious competition in your marketplace. While this could potentially be true, you may have overlooked someone. Even if there isn't anyone in the marketplace using the same exact technology that you are, there are probably businesses out there with products that can accomplish similar tasks. If you don't protect your ideas with a patent, you'll run the risk of losing your product idea to a competitor that you didn't even know you had.</p> <p>With so many misconceptions about patents, it's no surprise that many entrepreneurs don't know where to start. Now that you know the truth, you can understand the importance of patent protection. Talk with a patent attorney for guidance and support as you fill out your applications.</p> Tips For Handling Your Digital Legacy Mon, 06 Apr 2015 07:18:40 +0000 <p>One aspect of estate planning that is usually overlooked is digital accounts. Your digital legacy will not mean much to you after death, but could impact your family and friends. If you are concerned with how your digital legacy is handled, you need an executor who can take care of those accounts for you.&nbsp;</p> <p><strong>Social Networking</strong></p> <p>Most people today have at least one social networking account. Companies, such as Facebook and LinkedIn, have policies regarding accounts of the deceased, but in many instances, the accounts remain active.&nbsp;</p> <p>If your social networking account has private conversations that you would prefer others not to see, leave instructions for an executor to delete them. Remember to leave the login information for all of the accounts with an estate planning attorney (such as <a href="" target="_blank" rel="nofollow">Stuart W. Moskowitz, Esq., CPA</a>)&nbsp;so the executor can access them.</p> <p><strong>Email Accounts</strong></p> <p>Some email providers offer the ability to have an email auto sent to a person you choose after a period of inactivity. If your email provider offers this feature, be sure to set it up. Inform the executor of what you want him or her to do with the account once the provider emails the password.&nbsp;</p> <p>You could choose to have the account completely deleted or choose to archive the emails contained. You can also leave instructions to have the emails printed and shown to family members.&nbsp;</p> <p><strong>Online Selling Accounts</strong></p> <p>If you have a merchant account with a site such as eBay, you can leave instructions on how to handle your account. For instance, you could instruct the executor to fulfill an outstanding order or refund money.&nbsp;</p> <p>You can also choose to pass off the running of your selling accounts to someone else. If you have chosen to do this, your estate planning attorney can help you include this in your will and help you take care of the documentation to ensure that it is properly transferred to the person you choose.&nbsp;</p> <p><strong>Online Financial Accounts</strong> &nbsp; Many people manage their financial and utility accounts online. If you are one of them, you need to leave login information for the executor of your estate to access those accounts.&nbsp;</p> <p>Not only does leaving the information help your executor gain access to the accounts, but it gives him or her a chance to pay off outstanding bills and gain account information that is needed for other matters.&nbsp;</p> <p>You are not legally required to leave information about your digital legacy, but it can be helpful for family and friends who are trying to take care of your estate. In many instances, a simple letter with all of the information needed will suffice.&nbsp;</p> Turning Your (Fabulous) Idea Into A Business: Five Questions To Ask Yourself Before Diving In Fri, 03 Apr 2015 18:41:46 +0000 <p>In 2014, the United States Patent Offices issued more than <a href="" rel="nofollow">300,000 utility patents</a>. That's a lot of people with a potentially great idea, but not all of them will turn the idea into something successful. In fact, approximately <a href="" rel="nofollow">97 percent</a> of patents filed never make enough money to cover the owner's cost of the paperwork. If you're dreaming of patenting your life into something greater, ask yourself the following five questions before you quit your day job.</p> <p>1. Is the idea truly viable?</p> <p>Many people think they've succeeded in creating a better mousetrap or reinventing the wheel, when in reality, their idea, for one reason or another, could never work. What may look good on paper or sound amazing as you discuss it, might just not be grounded in reality. While the truth may hurt, you're better off knowing before going any further.</p> <p>2. Does your idea have a solid potential customer base?</p> <p>Even when an idea can be mass produced efficiently, pass rigorous safety standards and has a clear and logical purpose, you have to be able to sell it to go into business. Determining this requires a lot of research and the truth may come as a surprise. Ask people directly, but start with strangers. Your friends and family might not want to hurt your feelings.</p> <p>3. Is working capital available?</p> <p>The cost of filing a patent alone may reach thousands of dollars, but there are other financial obligations to consider as well, such as getting a business model off the ground while you still sustain yourself and family, if you have one. Funding an idea from conception to production is a massive undertaking; if you haven't figured out a way beforehand, you may be setting yourself up for failure.</p> <p>4. Can your family and lifestyle endure the trials and tribulations?</p> <p>Even if your idea is viable, with millions of customers waiting to buy it and you have sufficient funding, the process you're about to embark on may very well change your life forever, along with everyone else you're close to. Are you okay working 'round the clock? Is your spouse? Can you handle the stress? Are you able to make the sacrifices necessary to achieve success? Face the changes and prepare well for them.</p> <p>5. Have you considered professional help?</p> <p>While you don't want to drain your savings account or risk your retirement funding your idea, you do want to take it to a professional, once you've done the leg work and if you realistically conclude you're onto something. Try a <a href="" rel="nofollow">patent search</a> on your own, as a preliminary effort to determine the originality of your idea; conduct market research to be sure you'll have enough people who will pay for your product and be certain you're ready, willing and able to make the commitment to bringing your brilliance to fruition. Thereafter, the guidance of a patent attorney like one from <a href="" target="_blank" rel="nofollow">Hamilton IP Law PC</a>&nbsp;will prove invaluable to your success.</p> <p>Taking an idea and turning it into something that will change your life is no easy feat, but anything is possible. If you answered in the affirmative for the first four questions listed here, move on to number five and do so quickly: there's no time like the present and someone else may be fast on your inventor heels.</p> Search Fri, 10 Nov 2000 10:04:38 -0500