Author : William G. Hammond, JD
A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individual's condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety.A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.About The AuthorWilliam G. Hammond, JD is a nationally known elder law attorney and founder of The Alzheimer's Resource Center. He is a frequent guest on radio and television and has developed innovative solutions to guide families who have a loved one suffering from Alzheimer's. For more information you can visit his website at www.BeatAlzheimers.com.
Keyword : POA,power of attorney,attorney,guardian,legal guardian,law,court,judge
วันเสาร์ที่ 8 มีนาคม พ.ศ. 2551
Asset Searching for Recovery Actions - The Decision Maker's Critical Tool Part 1
Author : Thomas Lawson
As certified fraud examiners (CFE), we all know the nuts and bolts of our respective areas of specialty, and hopefully, we are all growing professionally at an astounding pace. Crime does, unfortunately, pay – just not for the criminal.After conducting asset research for over 14 years for such demanding institutions as FDIC, FSLIC, and RTC, as well as major hotels and casinos in the gaming industry, property management firms, and many of the nation's larger law firms, one thing that has emerged is a distinct lack of information – not about the type of items searched, but the depth and quality of other searches. In cutting to the chase, the following is the result of the compilation of asset search guidelines, and should serve to assist in setting at least a baseline standard for developing a viable domestic asset search strategy.Subject IdentificationPrior to beginning the acquisition of information on any subject of an asset search, the subject should be properly identified. Studies have shown that as much as 30% of the American population uses undisclosed aliases and/or "akas" to conduct and transact various levels of personal and professional business. This statistic does not take into account the existence of corporate, DBA and/or partnership entity names, which are created to transact the various forms of business on behalf of the principals of said entity. To properly identify a non-corporate subject, the following minimum recommendations are made for non-law enforcement environments: Obtain credit reports from the three major credit bureaus, per Fair Credit Reporting Act (FCRA) requirements.However, make sure that obtaining the reports is in compliance with permissible purposes as defined in Public Law 91- 508, Title VI (FCRA), to avoid tainting your pursuit should the matter ever be litigated. Remember, in the context of this discussion, we are focused on asset searches as recovery medium, and the basic assumption is that the asset search has already been determined to be sanctionable. This could be determined, for example, by a loan in default, a judgment that has been rendered, or a court order obtained for the release of the credit information in cases that are not clearly defined under the FCRA.Remember this simple guideline: credit reports are legal post-judgment, for purposes of collection, and/or where consent has been given somewhere in the stream of the creditor/debtor relationship. In the case of a receivership institution
(i.e., where a director is being scrutinized for alleged conversion of assets), consent may also have been given for a credit history during pre-employment evaluation or as a policy-based condition of employment.This is referred to as "extended consent," and constitutes valid use, especially in matters where a criminal investigation is under way, and where the conversion of assets is factually alleged as the result of a forensic audit or proven by admission. Be careful, though, as "extended consent" from the employment perspective is still a gray area under the law. The following two items are available from credit bureaus and their sub-vendors but have less coverage extended to them under the FCRA, yet the "FCRA compliance attitude" should be used when accessing them:* Obtain social security traces from the three major credit bureaus.* Obtain address update/credit report header information from the three major credit bureaus.* Obtain voter registration information for the applicable jurisdiction germane to the primary, or most recent, residence of the subject. Some states have compiled voter data through private repositories, which should be checked for movement.Match the information obtained through the independent sources to the information presented by the candidate in the form of the credit application with
the institution, and/or the information developed independently by the institution in the initial credit qualification process.Many other methods of identification exist, but the above represents the very least that should be done. The reason for obtaining the information from all three bureaus, instead of only one, is to develop any alias and/or aka data, as well as current addresses (not specified), and/or any additional addresses that may provide venue data. This will assist the asset searcher in determining whether to advise the client to proceed with asset discovery in additional areas unknown to the client at the time the asset search was requested.Address verifications are usually difficult without a physical inspection of the address in question, including a visual identification of the subject entering and/or leaving the address. Address information that is cross-referenced and verifiable through the major credit bureau repositories is usually presented in an asset search, and in most cases is very reliable.To discover the current telephone number of the subject, methods available to the fraud examiner include nationwide telephone directories, criss-cross directories, directory assistance contact, and attempts at contact existing telephone numbers known by the client. There are other methods of telephone number development available. However, these methods should not be utilized by a CFE in order to avoid tainting the legality of the pursuit, in the even that litigation is ultimate undertaken.Assets DeterminationAssets determination usually constitutes an integration of certain liability data to offset the assets "worth" in order to arrive at a net equity position. This is especially true in identifying and analyzing real property assets. There are multiple forms of asset determination, which are described as follows: RealProperty Ownership: A search should be conducted of the applicable county jurisdiction. The exception is in California where a statewide assessor's index is available, usually through the "lien date" of the prior year. This repository is made available through a private company, and is in no way sanctioned by any public jurisdiction. For traditional searches throughout the rest of the U.S., per jurisdiction research is conducted at the assessor's office to determine if the name exists on the assessor's roll, and/or if the known property (address) crosses-verifies to the suspect owner.A search of the applicable jurisdiction's Recorder's Grantee/Grantor index (or general index as it may also be known) is then undertaken to determine if the property is still vested to the subject, and if any open Deeds of Trust and other liens exist which identify liabilities against the property. The search in the recorder's venue should also identify (in jurisdictions where this is possible) the
Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor.This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This "thumbnail" market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property.Additional research of real property ownership comes in the form of updating the assessor's rolls through the recorder's offices to determine if the subject's name has come into title to additional parcels of property, subsequent to the "lien date" of the assessor's records, which is in many jurisdictions up to sixty to ninety days old.The searches in the recorder's offices should also identify recent transfers of ownership of an individual's real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches.Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband's name, or the first name that appears on the conveying deed.It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife's name. If so, the wife's name would then be included as a primary search name (parameter), and assets held in the wife's name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names.Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well.Some examiners may feel justified in providing additional "over-the-county-line" information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan.Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard's Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized.Aircraft Ownership: Other than by "intelligence" information which may have been submitted to the institution at the outset of the credit qualification process, the only method of developing aircraft registration information is to perform an FAA
Airman's Search to determine if an FAA Pilot's license has been issued, and/or if an individual has an aircraft registered in his or her name within the Federal Aviation Administration's files. As with the vessel ownership search through the
U.S. Coast Guard Watercraft registration, there is only one national root repository that makes this service available. The service is resold through other database repositories, yet it is advised that the "root" repository be utilized in order to minimize data transfer/loss from vendor to vendor.Banking Information: Bank account searches may be the world's "second-oldest profession." There is no specific way to access bank account information, other than by a multitude of artistic pursuits including the development of information within a consumer's credit history; director contact with a banking institution; the use of sources in the U.S. Federal Reserve Clearinghouse System; or by sources and contacts developed by the fraud examiner with local, state, or national banking institutions.This is truly the "art and science' of an asset search, in that the ability to successfully identify banks rests heavily with the fraud examiner's prowess in this arena.The standard guidelines for bank account searches are "exact name basis only" searches, with less emphasis placed on jurisdictional lines, since most bank account searches are developed via intelligence leads. In many instances, an asset search will refer "no record found" to a banking institution under an exact subject name.The subject's name may appear as a signatory on an alternate account, possibly under the name of a disclosed or undisclosed entity, or as a signatory on an account held under the name of another. Bank accounts will not usually be disclosed in this fashion. Unauthorized information pertaining to a no searched consumer could compromise that person's privacy under federal privacy laws, the FCRA and the CCPA, as well as many other statutes.It is safe to say that most agencies are quick to obtain at least some banking information. This should rest with the successful Write of Execution language, constructed by counsel as served upon the institution's regional administrative and/or corporate offices (for examples send a request to tomlawson@apscreen.com).In Part 2 of this article, we'll look at other financial and business information that should be gathered during an asset search, liability-related data which impacts the subject's net worth as well as other information.Thomas C. Lawson, CFE, CII is President and Founder of APSCREEN International, the world's leading full service Consumer Reporting Agency since 1980. Lawson is called "one of the real pros" as he has helped to reshape laws including those for employment screening, permissible credit reporting, asset discovery and fraud examination. Tom is a Life Member of: ACFE, ASIS, SHRM, PIHRA, PNRRA, PRRN, CII, WAD, WIN, FCAOC and OCEMA.
Keyword : asset search, asset recovery
As certified fraud examiners (CFE), we all know the nuts and bolts of our respective areas of specialty, and hopefully, we are all growing professionally at an astounding pace. Crime does, unfortunately, pay – just not for the criminal.After conducting asset research for over 14 years for such demanding institutions as FDIC, FSLIC, and RTC, as well as major hotels and casinos in the gaming industry, property management firms, and many of the nation's larger law firms, one thing that has emerged is a distinct lack of information – not about the type of items searched, but the depth and quality of other searches. In cutting to the chase, the following is the result of the compilation of asset search guidelines, and should serve to assist in setting at least a baseline standard for developing a viable domestic asset search strategy.Subject IdentificationPrior to beginning the acquisition of information on any subject of an asset search, the subject should be properly identified. Studies have shown that as much as 30% of the American population uses undisclosed aliases and/or "akas" to conduct and transact various levels of personal and professional business. This statistic does not take into account the existence of corporate, DBA and/or partnership entity names, which are created to transact the various forms of business on behalf of the principals of said entity. To properly identify a non-corporate subject, the following minimum recommendations are made for non-law enforcement environments: Obtain credit reports from the three major credit bureaus, per Fair Credit Reporting Act (FCRA) requirements.However, make sure that obtaining the reports is in compliance with permissible purposes as defined in Public Law 91- 508, Title VI (FCRA), to avoid tainting your pursuit should the matter ever be litigated. Remember, in the context of this discussion, we are focused on asset searches as recovery medium, and the basic assumption is that the asset search has already been determined to be sanctionable. This could be determined, for example, by a loan in default, a judgment that has been rendered, or a court order obtained for the release of the credit information in cases that are not clearly defined under the FCRA.Remember this simple guideline: credit reports are legal post-judgment, for purposes of collection, and/or where consent has been given somewhere in the stream of the creditor/debtor relationship. In the case of a receivership institution
(i.e., where a director is being scrutinized for alleged conversion of assets), consent may also have been given for a credit history during pre-employment evaluation or as a policy-based condition of employment.This is referred to as "extended consent," and constitutes valid use, especially in matters where a criminal investigation is under way, and where the conversion of assets is factually alleged as the result of a forensic audit or proven by admission. Be careful, though, as "extended consent" from the employment perspective is still a gray area under the law. The following two items are available from credit bureaus and their sub-vendors but have less coverage extended to them under the FCRA, yet the "FCRA compliance attitude" should be used when accessing them:* Obtain social security traces from the three major credit bureaus.* Obtain address update/credit report header information from the three major credit bureaus.* Obtain voter registration information for the applicable jurisdiction germane to the primary, or most recent, residence of the subject. Some states have compiled voter data through private repositories, which should be checked for movement.Match the information obtained through the independent sources to the information presented by the candidate in the form of the credit application with
the institution, and/or the information developed independently by the institution in the initial credit qualification process.Many other methods of identification exist, but the above represents the very least that should be done. The reason for obtaining the information from all three bureaus, instead of only one, is to develop any alias and/or aka data, as well as current addresses (not specified), and/or any additional addresses that may provide venue data. This will assist the asset searcher in determining whether to advise the client to proceed with asset discovery in additional areas unknown to the client at the time the asset search was requested.Address verifications are usually difficult without a physical inspection of the address in question, including a visual identification of the subject entering and/or leaving the address. Address information that is cross-referenced and verifiable through the major credit bureau repositories is usually presented in an asset search, and in most cases is very reliable.To discover the current telephone number of the subject, methods available to the fraud examiner include nationwide telephone directories, criss-cross directories, directory assistance contact, and attempts at contact existing telephone numbers known by the client. There are other methods of telephone number development available. However, these methods should not be utilized by a CFE in order to avoid tainting the legality of the pursuit, in the even that litigation is ultimate undertaken.Assets DeterminationAssets determination usually constitutes an integration of certain liability data to offset the assets "worth" in order to arrive at a net equity position. This is especially true in identifying and analyzing real property assets. There are multiple forms of asset determination, which are described as follows: RealProperty Ownership: A search should be conducted of the applicable county jurisdiction. The exception is in California where a statewide assessor's index is available, usually through the "lien date" of the prior year. This repository is made available through a private company, and is in no way sanctioned by any public jurisdiction. For traditional searches throughout the rest of the U.S., per jurisdiction research is conducted at the assessor's office to determine if the name exists on the assessor's roll, and/or if the known property (address) crosses-verifies to the suspect owner.A search of the applicable jurisdiction's Recorder's Grantee/Grantor index (or general index as it may also be known) is then undertaken to determine if the property is still vested to the subject, and if any open Deeds of Trust and other liens exist which identify liabilities against the property. The search in the recorder's venue should also identify (in jurisdictions where this is possible) the
Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor.This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This "thumbnail" market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property.Additional research of real property ownership comes in the form of updating the assessor's rolls through the recorder's offices to determine if the subject's name has come into title to additional parcels of property, subsequent to the "lien date" of the assessor's records, which is in many jurisdictions up to sixty to ninety days old.The searches in the recorder's offices should also identify recent transfers of ownership of an individual's real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches.Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband's name, or the first name that appears on the conveying deed.It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife's name. If so, the wife's name would then be included as a primary search name (parameter), and assets held in the wife's name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names.Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well.Some examiners may feel justified in providing additional "over-the-county-line" information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan.Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard's Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized.Aircraft Ownership: Other than by "intelligence" information which may have been submitted to the institution at the outset of the credit qualification process, the only method of developing aircraft registration information is to perform an FAA
Airman's Search to determine if an FAA Pilot's license has been issued, and/or if an individual has an aircraft registered in his or her name within the Federal Aviation Administration's files. As with the vessel ownership search through the
U.S. Coast Guard Watercraft registration, there is only one national root repository that makes this service available. The service is resold through other database repositories, yet it is advised that the "root" repository be utilized in order to minimize data transfer/loss from vendor to vendor.Banking Information: Bank account searches may be the world's "second-oldest profession." There is no specific way to access bank account information, other than by a multitude of artistic pursuits including the development of information within a consumer's credit history; director contact with a banking institution; the use of sources in the U.S. Federal Reserve Clearinghouse System; or by sources and contacts developed by the fraud examiner with local, state, or national banking institutions.This is truly the "art and science' of an asset search, in that the ability to successfully identify banks rests heavily with the fraud examiner's prowess in this arena.The standard guidelines for bank account searches are "exact name basis only" searches, with less emphasis placed on jurisdictional lines, since most bank account searches are developed via intelligence leads. In many instances, an asset search will refer "no record found" to a banking institution under an exact subject name.The subject's name may appear as a signatory on an alternate account, possibly under the name of a disclosed or undisclosed entity, or as a signatory on an account held under the name of another. Bank accounts will not usually be disclosed in this fashion. Unauthorized information pertaining to a no searched consumer could compromise that person's privacy under federal privacy laws, the FCRA and the CCPA, as well as many other statutes.It is safe to say that most agencies are quick to obtain at least some banking information. This should rest with the successful Write of Execution language, constructed by counsel as served upon the institution's regional administrative and/or corporate offices (for examples send a request to tomlawson@apscreen.com).In Part 2 of this article, we'll look at other financial and business information that should be gathered during an asset search, liability-related data which impacts the subject's net worth as well as other information.Thomas C. Lawson, CFE, CII is President and Founder of APSCREEN International, the world's leading full service Consumer Reporting Agency since 1980. Lawson is called "one of the real pros" as he has helped to reshape laws including those for employment screening, permissible credit reporting, asset discovery and fraud examination. Tom is a Life Member of: ACFE, ASIS, SHRM, PIHRA, PNRRA, PRRN, CII, WAD, WIN, FCAOC and OCEMA.
Keyword : asset search, asset recovery
Practical vs. Legal - Getting Model and Property Releases
Author : Carolyn Wright
Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can't sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That's also why it's dangerous to take anecdotal advice.For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it's legally required. It means that they are being cautious in this litigious society.I recently photographed some huskies at a public park. I wasn't trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as "false light") in my photos. Further, since animals don't have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- 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
Keyword : photograph, model, property, release, permission, defense, lawsuit, law, permit, suit, sue
Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can't sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That's also why it's dangerous to take anecdotal advice.For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it's legally required. It means that they are being cautious in this litigious society.I recently photographed some huskies at a public park. I wasn't trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as "false light") in my photos. Further, since animals don't have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- 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
Keyword : photograph, model, property, release, permission, defense, lawsuit, law, permit, suit, sue
Maritime Admiralty Law: A Short History
Author : Anna Henningsgaard
Maritime law is a legal body that regulates ships and shipping. As sea-borne transportation is one of the most ancient channels of commerce, rules for maritime and trade disputes developed very early in recorded history. Modern admiralty law, often called simply admiralty or maritime law, has its origins in the classical Rhodian law. No primary written specimen of the Rhodian law has survived, but it is alluded to in Roman and Byzantine legal codes as well as the customs of the Hanseatic League, the dominant trading power of the Middle Ages and Early Modern eras.While traveling the eastern Mediterranean on the Crusades with her first husband,
King Louis VII of France, Eleanor of Aquitaine discovered a complicated and
advanced system of admiralty law. She brought back this admiralty law and
administered it upon her people on the island of Oleron. Later, while acting as
regent for her son King Richard the Lionheart in England she founded the British
system of admiralty law. In England, special admiralty courts handle all admiralty
cases. The courts do not use the common law of England.In this same way, admiralty or maritime law is distinct from standard land-based
laws even today. Even within another country's claimed waters, admiralty law states
that a ship's flag dictates the law. This means that a Canadian ship in American
waters would be subject to Canadian law and crimes committed on board that ship
would stand trial in Canada. In the United States the Supreme Court is the highest
court of appeals for admiralty cases, though they rarely progress beyond the state
level. United States, admiralty law is of limited jurisdiction, so it is up to the judges
to assign verdicts based on a combination of admiralty and specific state law.Because admiralty law is such a complicated set of laws, with a rich history and
specific cases and implementation, many lawyers focus specifically on the field of
admiralty law. If you have a case that falls into this category, your regular personal
attorney may not be able to help. The specific circumstances of admiralty
jurisdiction make it prudent, and perhaps necessary, that you hire a specific
admiralty lawyer.If you have more questions, contact a maritime lawyer or read maritime law press releases at http://www.hugesettlements.com. If you use this article, please include these links.
Keyword : maritime law, admiralty law, lawyer, attorney, sea, ship, injury, offshore injury, law
Maritime law is a legal body that regulates ships and shipping. As sea-borne transportation is one of the most ancient channels of commerce, rules for maritime and trade disputes developed very early in recorded history. Modern admiralty law, often called simply admiralty or maritime law, has its origins in the classical Rhodian law. No primary written specimen of the Rhodian law has survived, but it is alluded to in Roman and Byzantine legal codes as well as the customs of the Hanseatic League, the dominant trading power of the Middle Ages and Early Modern eras.While traveling the eastern Mediterranean on the Crusades with her first husband,
King Louis VII of France, Eleanor of Aquitaine discovered a complicated and
advanced system of admiralty law. She brought back this admiralty law and
administered it upon her people on the island of Oleron. Later, while acting as
regent for her son King Richard the Lionheart in England she founded the British
system of admiralty law. In England, special admiralty courts handle all admiralty
cases. The courts do not use the common law of England.In this same way, admiralty or maritime law is distinct from standard land-based
laws even today. Even within another country's claimed waters, admiralty law states
that a ship's flag dictates the law. This means that a Canadian ship in American
waters would be subject to Canadian law and crimes committed on board that ship
would stand trial in Canada. In the United States the Supreme Court is the highest
court of appeals for admiralty cases, though they rarely progress beyond the state
level. United States, admiralty law is of limited jurisdiction, so it is up to the judges
to assign verdicts based on a combination of admiralty and specific state law.Because admiralty law is such a complicated set of laws, with a rich history and
specific cases and implementation, many lawyers focus specifically on the field of
admiralty law. If you have a case that falls into this category, your regular personal
attorney may not be able to help. The specific circumstances of admiralty
jurisdiction make it prudent, and perhaps necessary, that you hire a specific
admiralty lawyer.If you have more questions, contact a maritime lawyer or read maritime law press releases at http://www.hugesettlements.com. If you use this article, please include these links.
Keyword : maritime law, admiralty law, lawyer, attorney, sea, ship, injury, offshore injury, law
Filing a Civil Lawsuit for Sexual Harassment
Author : Gil Mart Abareta
At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child's parent or guardian must bring a lawsuit on the child's behalf. After a child becomes an adult, the adult child may bring the lawsuit.Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : sexual, harassment, civil, lawsuit
At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child's parent or guardian must bring a lawsuit on the child's behalf. After a child becomes an adult, the adult child may bring the lawsuit.Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : sexual, harassment, civil, lawsuit
The "Mcdonald's Coffee" Case
Author : Wayne Walker
In one of the most widely misreported and misunderstood cases in recent memory, a Albuquerque, New Mexico jury awarded 79 year-old Stella Liebeck $2.9 million for severe burns suffered after she spilled a cup of McDonald's coffee, which she had placed between her knees.The jury's award was for $200,000 in compensatory damages and $2.7 million for punitive damages (because of McDonald's callous conduct). The jury also found Mrs. Liebeck 20% negligent, reducing the compensatory damages to $160,000. The trial judge also reduced the punitive damages to $480,000.
Mrs. Liebeck did not receive $2.9 million, or $2.86 million, or $740,000. The parties entered a post-verdict settlement for a undisclosed amount.(States have different legal standards with respect to negligence. New Mexico uses a comparative negligence rule, which assigns blame and, therefore, judgments proportionally. Other states such as North Carolina use a contributory negligence standard, which bars a plaintiff from recovery if their actions contributed even 1% to the accident!)THE FACTS OF THE CASEMrs. Liebeck, while a passenger in her grandson's car, purchased a cup of coffee at the drive-thru window at McDonalds. While the car was stopped, she placed the cup securely between her knees and attempted to remove the lid. The cup accidentally tipped over and poured the scalding (180-190¡ Fahrenheit) hot water onto her lap.She suffered third-degree burns over 16 percent of her body. During her eight day hospitalization she underwent skin grafting and painful whirlpool treatment for debridement (removal of damaged tissue) of her wounds. She has extensive scarring and was disabled for more than two years.Despite these very painful and debilitating injuries and their expensive medical treatment, Mrs. Liebeck offered to settle with McDonald's for $20,000.McDonald's refused to settle and the case went to trial.FACTS PRESENTED AT TRAILThe jury heard the following evidence in the case:• McDonalds's coffee sales are $1.3 million per day.• By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds; Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;• The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation;• McDonald's admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years -- the risk was brought to its attention through numerous other claims and suits, to no avail;• From 1982 to 1992, McDonald's coffee burned more than 700 people, many receiving severe burns to the genital area, perineum, inner thighs, and buttocks;• Not only men and women, but also children and infants, have been burned by McDonald's scalding hot coffee, in some instances due to inadvertent spillage by McDonald's employees;• At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years;• Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature;• McDonald's admitted that it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not;• McDonald's witnesses testified that it did not intend to turn down the heat -- As one witness put it: "No, there is no current plan to change the procedure that we're using in that regard right now;"• McDonald's admitted that its coffee is "not fit for consumption" when sold because it causes severe scalds if spilled or drunk;• Liebeck's treating physician testified that her injury was one of the worst scald burns he had ever seen.• Moreover, the Shriner's Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit.In refusing to grant a new trial in the case, Judge Robert Scott called McDonald's behavior "callous." Moreover, "the day after the verdict, the news media documented that coffee at the McDonald's in Albuquerque [where Liebeck was burned] is now sold at 158 degrees. This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds [so that], the margin of safety has been increased as a direct consequence of this verdict."By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – www.captran.com.This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney.
© 2003 CapTranBy Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – http://www.captran.com.
Keyword : McDonalds,personal injury,lawsuit,jury,negligence
In one of the most widely misreported and misunderstood cases in recent memory, a Albuquerque, New Mexico jury awarded 79 year-old Stella Liebeck $2.9 million for severe burns suffered after she spilled a cup of McDonald's coffee, which she had placed between her knees.The jury's award was for $200,000 in compensatory damages and $2.7 million for punitive damages (because of McDonald's callous conduct). The jury also found Mrs. Liebeck 20% negligent, reducing the compensatory damages to $160,000. The trial judge also reduced the punitive damages to $480,000.
Mrs. Liebeck did not receive $2.9 million, or $2.86 million, or $740,000. The parties entered a post-verdict settlement for a undisclosed amount.(States have different legal standards with respect to negligence. New Mexico uses a comparative negligence rule, which assigns blame and, therefore, judgments proportionally. Other states such as North Carolina use a contributory negligence standard, which bars a plaintiff from recovery if their actions contributed even 1% to the accident!)THE FACTS OF THE CASEMrs. Liebeck, while a passenger in her grandson's car, purchased a cup of coffee at the drive-thru window at McDonalds. While the car was stopped, she placed the cup securely between her knees and attempted to remove the lid. The cup accidentally tipped over and poured the scalding (180-190¡ Fahrenheit) hot water onto her lap.She suffered third-degree burns over 16 percent of her body. During her eight day hospitalization she underwent skin grafting and painful whirlpool treatment for debridement (removal of damaged tissue) of her wounds. She has extensive scarring and was disabled for more than two years.Despite these very painful and debilitating injuries and their expensive medical treatment, Mrs. Liebeck offered to settle with McDonald's for $20,000.McDonald's refused to settle and the case went to trial.FACTS PRESENTED AT TRAILThe jury heard the following evidence in the case:• McDonalds's coffee sales are $1.3 million per day.• By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds; Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;• The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation;• McDonald's admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years -- the risk was brought to its attention through numerous other claims and suits, to no avail;• From 1982 to 1992, McDonald's coffee burned more than 700 people, many receiving severe burns to the genital area, perineum, inner thighs, and buttocks;• Not only men and women, but also children and infants, have been burned by McDonald's scalding hot coffee, in some instances due to inadvertent spillage by McDonald's employees;• At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years;• Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature;• McDonald's admitted that it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not;• McDonald's witnesses testified that it did not intend to turn down the heat -- As one witness put it: "No, there is no current plan to change the procedure that we're using in that regard right now;"• McDonald's admitted that its coffee is "not fit for consumption" when sold because it causes severe scalds if spilled or drunk;• Liebeck's treating physician testified that her injury was one of the worst scald burns he had ever seen.• Moreover, the Shriner's Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit.In refusing to grant a new trial in the case, Judge Robert Scott called McDonald's behavior "callous." Moreover, "the day after the verdict, the news media documented that coffee at the McDonald's in Albuquerque [where Liebeck was burned] is now sold at 158 degrees. This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds [so that], the margin of safety has been increased as a direct consequence of this verdict."By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – www.captran.com.This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney.
© 2003 CapTranBy Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – http://www.captran.com.
Keyword : McDonalds,personal injury,lawsuit,jury,negligence
Injured in a Bicycle Accident in Los Angeles?
Author : Dave Hoffman
Have you, or someone you know, been injured in an accident involving a bicycle? Not sure what to do? Here's is a guide to some things that you should know when looking for bicycle accident lawyers Los Angeles.If you or a family member was injured or killed in an accident involving a bicycle, you may be able to recover damages, with bicycle accident lawyers Los Angelos. Assuming the other party was at fault, you can bring a suit of negligence against them. Negligent parties can include automobile drivers, bus drivers, as well as bicycle manufacturers and the makers of bicycle parts. Other negligent partied can include the State and the City of Los Angeles, for not properly maintaining the roads, which can sometimes contribute to accidents. If you have recently had your bike repaired, the mechanic that conducted the work could also be implicated and found negligent. Likewise, private property owners can also be held negligent for improper upkeep of property, if it leads to an accident.When deciding to sue someone for negligence leading to an accident, it is important to be aware of what your rights are as a cyclist. Bicycles in Los Angeles are considered vehicles and bicycle accidents are to be treated as vehicular accidents. The State of California has many law regarding cyclists, many pertaining to the use of alcohol and drugs and riding, which you will be held accountable for. So, remember, if you have infringed any laws pertaining to the use of alcohol or drugs, you may well be found to be at fault. In some cases, it is possible to be charged with DUI and you may jeopardise your driver's license.Being involved in an accident on your bicycle can be a stressful and frightening experience. However, if you believe that the accident was the result of another's negligence, it is important to seek legal advice from bicycle accident lawyers Los Angeles. You may be entitled to damages.Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.
Keyword : injury law
Have you, or someone you know, been injured in an accident involving a bicycle? Not sure what to do? Here's is a guide to some things that you should know when looking for bicycle accident lawyers Los Angeles.If you or a family member was injured or killed in an accident involving a bicycle, you may be able to recover damages, with bicycle accident lawyers Los Angelos. Assuming the other party was at fault, you can bring a suit of negligence against them. Negligent parties can include automobile drivers, bus drivers, as well as bicycle manufacturers and the makers of bicycle parts. Other negligent partied can include the State and the City of Los Angeles, for not properly maintaining the roads, which can sometimes contribute to accidents. If you have recently had your bike repaired, the mechanic that conducted the work could also be implicated and found negligent. Likewise, private property owners can also be held negligent for improper upkeep of property, if it leads to an accident.When deciding to sue someone for negligence leading to an accident, it is important to be aware of what your rights are as a cyclist. Bicycles in Los Angeles are considered vehicles and bicycle accidents are to be treated as vehicular accidents. The State of California has many law regarding cyclists, many pertaining to the use of alcohol and drugs and riding, which you will be held accountable for. So, remember, if you have infringed any laws pertaining to the use of alcohol or drugs, you may well be found to be at fault. In some cases, it is possible to be charged with DUI and you may jeopardise your driver's license.Being involved in an accident on your bicycle can be a stressful and frightening experience. However, if you believe that the accident was the result of another's negligence, it is important to seek legal advice from bicycle accident lawyers Los Angeles. You may be entitled to damages.Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.
Keyword : injury law
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