JCOHS Lawyers and Attorneys

Selecting a divorce attorney is a vital decision making process. The person who you take on will be liable for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights. In reality, choosing a divorce attorney is also an very stressful experience. You have to be right in choosing your attorney otherwise you will have to suffer a lot.

There are few tactics which you should remember before selecting an attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that go to court and become a knock down, drag out divorce litigation? There are divorce attorneys who specialize in these different types of cases and you need to appoint the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to defend your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to build issues and move you in the direction of litigation.

The very first step in selecting your attorney is to identify your case. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.

After getting the list of attorneys from other persons you should start looking for their profile from the internet by visiting their websites. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. By visiting their websites you come to know how they deal in different cases and some of them had posted case study to know what’s are the different tactics used by them to deal different type of cases.

After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Take appointment by calling in their offices in working hours. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.

When you attend a discussion with a divorce attorney, be prepared. prepare a small history of your case which going to help you out while discussing your case with him/her. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about "results".

Make sure you ask each divorce attorney questions about how that attorney’s office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that disadvantage, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.

After you have finished all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.



By: munish

About the Author:

Confused by scores of yellowpage ads for attorneys? Turned off by lawyer TV ads? Don’t know how to find the right attorney for your accident case? Here are some guidelines, which if followed, should make your search easier and also relieve some anxiety.

*Choose an attorney who specializes in personal injury. There are many attorneys who represent personal injury clients in addition to other practice areas, such as divorce, criminal defense or real estate. Choose an attorney whose practice is devoted to personal injury law. The field of personal injury is too complicated for a “generalist” or “part-time” lawyer to master. If you needed surgery on your shoulder, would you rather see a “general” surgeon who performs surgery on many different areas of the body, or a surgeon who only does “shoulder surgery?” Most people would choose the specialist. Don’t take chances with your personal injury claim by hiring a “generalist.”

*Choose an attorney who demonstrates expertise in the field of personal injury law. There are too many different types of the law for any one attorney to claim specialty in multiple areas. No one can do everything well. Most people want to see a specialist. The same is true for lawyers. The field of personal injury law is complex with subtle nuances that could mean the difference between recovering a few hundred dollars versus several thousands of dollars. The attorney you choose should limit his or her practice exclusively to personal injury law. Does the attorney write about personal injury? Has the lawyer lectured or taught other lawyers about personal injury law? If yes, these are good signs that the lawyer is a personal injury specialist.

*Choose an attorney who understands the medicine involved in your case. This is a no-brainer, right? But you would be very surprised at how many attorneys who claim specialty in personal injury have little understanding of the medicine and treatment involved with the client’s injury. For example, take a case involving neck and back injuries. These types of injuries can be difficult to prove in court because spine medicine is extremely complex and the diagnostic imaging may show very little or nothing at all. Yet, this area of medicine has also undergone enormous strides and advances just in the last ten years. There are now new diagnoses in the area of spine medicine that literally did not exist a few years ago, not to mention new treatments and minimally invasive procedures that have been created due to advancements in technology. If you have a neck or back injury claim, you obviously want an attorney who understands spine medicine so proper treatment and diagnoses can easily be pursued or presented to the insurance company in negotiations, or made part of a persuasive presentation to a jury on your behalf. You would be surprised at how few personal injury attorneys really understand this area of medicine yet neck and back injury claims make up the bulk of accident cases that exist in Washington.

*Choose an attorney who actually goes to trial. I know, I know. If you’re like most people who have a claim for injuries, you’d rather not have to go to trial. So why pick an attorney who actually does regularly try injury cases? To understand why this is such an extremely important factor when choosing an attorney you have to understand the business of insurance and why claims are settled. Essentially, the insurance company is in the business of “risk.” That is, it accepts your money with the promise that it will pay you money if you encounter certain risks of harm or damage. The risks are usually low, which is why the insurance company can earn enormous profits. When it comes to paying a claim, the company only pays a “settlement” if there is a “risk” that the company may have to pay more if the person files a lawsuit and goes to trial. Attorneys who regularly win at trial increase the insurance company’s “risk” that it might have to pay much more money if the jury awards more than the last settlement offer. Insurance companies regularly keep lists of the personal injury attorneys who do go to trial. These are the attorneys who can command premium settlement offers compared to attorneys who do not go to trial. Simply put, the insurance company will pay more money to settle a case if there’s a greater chance that the attorney will try the case in court. That is why having an attorney who has a reputation of going to trial can actually increase your chances of avoiding trial.

*Choose an attorney who wins at trial. This goes without saying. An attorney who gets results at trial is the insurance company’s worst nightmare. The insurance company will pay much more money to settle a case if the injured person’s attorney has a winning record than if the attorney does not. Choose an attorney that wins.

*Beware of attorneys who actively solicit you. You should be cautious of attorneys who contact you in writing just after you or a loved one has been injured, maimed or killed in an accident. Most state bar associations have rules against attorney solicitation, or at least have very stringent limitations on this sort of activity. I have no respect for attorneys who feel the need to cross the line by actively soliciting clients right after the accident. If an attorney engages in this sort of unethical behavior it may give some indication how that attorney might perform in your case.

*Be cautious of attorneys who advertise on T.V. or take out big flashy ads in yellow pages or other publications. Did you know that many of the T.V. and yellow page ads for lawyers are paid for by attorneys who have never actually tried a personal injury case in court? In fact, some of these advertisements are created by law firms that have a “policy” of always settling their cases without ever filing a lawsuit! If you were an insurance adjustor who knew that a particular attorney or law firm always settled short of trial, would you ever increase your offer for fear that a jury might award more?

*Understand bar association referral lists. Many local bar associations operate a “referral list” where consumers can get the name of an attorney. Just understand that the lawyer has signed up and paid a fee to be included on the referral list. Some but not all of these referral lists don’t bother to check or verify the attorney’s experience with the type of case that is being referred.

*The likeable lawyer is not enough. There are many people who choose to hire an attorney based solely on whether the attorney is likeable. I know of some very personable and likeable lawyers who claim to do personal injury law, but whom I would never recommend based on their limited experience and expertise. Would you let a likeable surgeon operate on your body if you knew the doctor rarely made it to the operating room? It is important that you like your attorney, or at least respect him or her, but it should not provide the only basis for your hiring decision.

*Choose an attorney who you feel comfortable with. You should feel comfortable with the lawyer and his or her ability to communicate with you. Does the attorney seem credible and trustworthy? Does the attorney explain everything to your satisfaction, or does he explain why an answer to a particular question can’t be given at that time? You should feel comfortable with the lawyer. You should also understand how the two of you will be working together on your case.



By: Christopher Davis

About the Author:

The overall cost of your divorce can be impacted by several behaviors you may be able to control. When a marriage dissolves there are several important topics that need to be addressed and sorted out such as child custody and visitation, division of property, and support. Recognizing the following 4 behaviors and how to manage them ahead of time may be able to help your divorce lawyer properly gather the information he/she needs to put your case together and can reduce your divorce costs at the same time.

(1) Having unclear objectives

(2) Being overly enmeshed in your case

(3) Using your lawyer as a therapist

(4) Expecting justice in the courts

Having unclear objectives

One of the biggest mistakes you can make at the outset of your divorce is to not know what it is you hope to accomplish. Before you begin filing or responding to divorce motions, you would be wise to discuss your goals, objectives, and what results you can likely expect with your divorce lawyer. Having such a discussion with your divorce lawyer can help reduce the chances of unnecessary litigation, help you understand what you can likely expect through your divorce, and what the costs may likely be.

Being overly enmeshed in your case

Divorce typically deals with topics that bring about high emotions and intensity, which may result in a spouse becoming overly indulged or enmeshed in his/her case. When this happens, it is not uncommon for a spouse to supply large amounts of irrelevant research material to his/her divorce lawyer, which can drive up the costs of attorney fees. Additionally, a spouse that is enmeshed in his/her case, may begin micromanaging their divorce lawyer’s work, which can create more work for his/her divorce lawyer and be counter productive. Setting clear objectives and goals and knowing what to expect from your divorce lawyer in advance can help reduce the tendency to become overly enmeshed in your case.

Using your lawyer as a therapist

Due to the high emotions that typically go along with divorce, it is not uncommon for spouses to begin venting or discussing problems they had in their marriage or how they feel about the other spouse with their divorce lawyer. Many times, these types of discussions are strictly emotionally based, add no value to the client’s case, and are discussion better suited for a therapist, not a divorce lawyer. Divorce lawyers are typically concerned with facts, not feelings. Additionally, the time a spouse spends in these types of emotional communications with his/her divorce lawyer can add up in costs very quickly. Before initiating communication with your divorce lawyer, decide if the communication is strictly to vent or to pass on worthwhile information on to him/her.

Expecting justice in the courts

Spouses many times believe that if they can just have their day in court, justice will prevail. Spouses who believe that the courts are going to give them justice are often misguided and end up extremely disappointed with the results. Better results and happier divorce endings are often accomplished through mediation and/or stipulated agreements. When a judge makes a decision, it is rarely a win-win decision for both spouses. To manage your expectations of justice in the family courts, you would be wise to consult your divorce lawyer to help you determine what results you can likely expect if your case goes to trial.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.



By: Steven Carlson

About the Author:

Immigration Delays

Writ of Mandamus in Minnesota

by Kent B. Gravelle, Esq.

 According to Black’s Law Dictionary (8th Ed. 2004), a writ of mandamus is a “writ issued by a superior court to compel a lower court or a government officer to perform a mandatory or purely ministerial duties correctly.”  In immigration law, writs of mandamus are most often utilized when U.S. Citizenship and Immigration Services (USCIS) allows an I-485 (Application to Register Permanent Residence or Adjust Status), N-400 (Naturalization Application), or I-589 (Application for Asylum and Withholding of Removal) to languish for years while a criminal and national security background check is conducted.

The immigration bar in Minnesota has been quite active (and successful) in writ of mandamus litigation against the federal government.  Most recently, a published opinion was released in Burni v. Frazier, 545 F.Supp.2d 894, 897 (D.Minn.2008) in which the spouse of a U.S. citizen “…filed an I-485 application for adjustment of status to lawful permanent residency on or about December 10, 2004.”  The applicant’s security checks were not completed, thus placing his final approval in limbo.  Id.  The applicant exhausted his administrative remedies by “…making written inquiries to the Department of Homeland Security, making Infopass appointments at the local district office to inquire about the status of his case, and writing to various government officials.”  Id.

Finally, after more than three years of delay, the applicant brought a suit requesting the issuance of a writ of mandamus which the government attempted to dismiss due to lack of subject matter jurisdiction.  Id.  The United States District Court for the District of Minnesota denied the government’s motion to dismiss, holding that it had jurisdiction because the failure to make a decision on the I-485 application was not a discretionary action within the meaning of 8 U.S.C. §1252(b)(2)(B)(ii) and that 28 U.S.C. §1361 (the Mandamus Act) and 5 U.S.C. §§551 et seq. (Administrative Procedures Act or APA) afforded the applicant relief.   Id. at 902, 903.  The Court explained that 8 C.F.R. §245 requires that an I-485 applicant “shall be notified of the decision” regarding the application and thus “USCIS has a non-discretionary duty to adjudicate an application…and that the APA requires the applications to be adjudicated in a reasonable time.”  Id. at 904.

A year earlier, the Court issued three decisions in three separate mandamus cases in October of 2007:  Sun v. Chertoff, 2007 WL 2907993 (D.Minn.);  Sawad v. Frazier, 2007 WL 2973833 (D.Minn.);  and Asrani v. Chertoff, 2007 WL 3521366 (D.Minn.).  All three were favorable to the immigrant-plaintiff.

In Sun, a Chinese immigrant filed an I-485 with the Nebraska Service Center of the U.S. Citizenship and Immigration Service (USCIS) on August 19, 2004.  Id. at *2.  On September 2, 2004, the FBI received Sun’s name from USCIS for a name check.  Id.  In 2006, Sun sought the help of her congressman and senator to no avail and Sun received information pursuant to a Freedom of Information Act (FOIA) request which showed that the FBI had no records pertaining to her.  Id.

Sun filed her suit for a writ of mandamus against various DHS, USCIS, and FBI officials on March 13, 2007, about two and one-half years after her submission of the I-485.  Id.  The government brought a motion to dismiss which the Court denied, holding that “…the APA requires that the applications be processed in a reasonable time.”  Id. at *8, citing 5 U.S.C. §555(b).  The Court also ordered that the government “provide to the court and plaintiff within 60 days evidence specific to plaintiff’s application showing that the delay in processing her name check and adjudicating her application is reasonable.”  Id. at *12.

In Sawad v. Frazier, 2007 WL 2973833 (D.Minn.), a husband and wife filed their I-485 applications on March 1st and December 27th of 2004.  Id. at *2.  The FBI acknowledged receipt of USCIS’s name check requests shortly after each I-485 was filed, but as of September 14, 2007, the date of the court hearing, plaintiffs’ name checks had not been completed.  Id.  Thus, one of the applications languished for more than three years and the other for almost three years.

On March 30, 2007, plaintiffs brought suit against the USCIS and FBI officials, requesting a writ of mandamus.  Id. at *3.  The government brought a motion to dismiss which the Court denied, holding that “plaintiffs have a clear, indisputable and nondiscretionary right to have USCIS adjudicate their applications in a reasonable time.”  Id. at *10.

In Asrani v. Chertoff, 2007 WL 3521366 (D.Minn.), at *1, an immigrant filed an I-485 application on March, 18, 2005 and on April 7, 2005, USCIS initiated a mandatory FBI name check.  The Court noted that:

                        In the thirty months since Petitioner filed his application

                        for an adjustment of status, Petitioner’s mandatory FBI

                        name check has not been completed and USCIS has not

                        adjudicated his application.  As of May 29, 2007 the St.

                        Paul office of USCIS had 406 name check requests that

                        had been pending longer than Plaintiff’s request.

 Id. at *2.

The Asrani Court analyzed in detail whether it had subject matter jurisdiction under the Mandamus Act, 28 U.S.C. §1361 stating:

                        The Mandamus Act provides for subject matter

                        jurisdiction only in extraordinary circumstances and

                        when (1) the plaintiff has a clear and indisputable right

                        to the relief he seeks, (2) the defendant has a non-

                        discretionary duty to honor that right, and (3) the

                        plaintiff has a lack of an alternative, adequate remedy.

Id. at 3 (citing Castilla v Ridge, 445 F.3d 1057, 1060 (8th Cir. 2006). 

With regard to the first prong of the test, the Court held that the applicant “has a right to have the USCIS adjudicate his application within a reasonable time.”  Id. at *5.  The Court quoted language from 8 C.F.R. §245.2(a)(5)(i) which states, “‘the applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial.’”  Id. at *4.  The Court explained that “This language makes it clear that USCIS has a duty to actually make a decision and the Plaintiff has a right to be notified of the decision.”  Id.

Regarding the second prong of the test regarding whether the government had a non-discretionary duty to make a decision regarding the I-485 application, the Court explained that the applicant only requested a decision, not a favorable decision, and thus the duty is not discretionary.  Id. at *5.  With regard to the third prong on whether the applicant has an alternative, adequate remedy, the Court found that waiting is not an alternative remedy.  Id. at *6.  Thus, the Court found that subject matter jurisdiction existed under the Mandamus Act and that the government’s motion to dismiss for lack of subject matter jurisdiction would be denied.  Id.

In December of 2006, a decision was issued by Judge Donovan Frank which appears to have laid the ground work for the subsequent immigration mandamus decisions discussed above.  The style of the case is Haidari v. Frazier, 2006 WL 3544922 (D.Minn.) and in it, three Palestinians filed I-485 applications with the Nebraska Service Center, all of which languished for four to six years while the FBI conducted name checks (Senator Mark Dayton’s office confirmed that one of the FBI name checks was completed on October 13, 2006 and forwarded to USCIS but as of December 1, 2006, USCIS had still not adjudicated that I-485 application).  Id. at *5.

The Haidari Court analyzed the three-pronged test as in the Asrani decision, above, and found that jurisdiction existed under the Mandamus Act.  Interestingly, with regard to the third, unreasonable delay, prong, the Court noted that USCIS waited between one and three years just to request a name check from the FBI.  Id. at *12.  The Court held that the delay was unreasonable and that the APA explicitly forecloses USCIS from exercising “unfettered discretion to relegate aliens to a state of ‘limbo’, leaving them to languish there indefinitely.”  Id.  The Court ordered USCIS to completed its adjudication of the I-485 applications within 30 days and promptly notify the Court and the Plaintiffs of its decisions.  Id. at *13.  The Court also retained “jurisdiction over the matter in the interim to ensure that the USCIS complies with this order.”  Id.

Finally, the only case from this jurisdiction that the Government may cite in its favor is Chaudry v. Chertoff, 2006 WL 2670051 (D.Minn).  In Chaudry, the applicant filed his I-485 on July 23, 2004.  Id. at *1.  USCIS interviewed the applicant on April 21, 2005 and told the applicant that the background check would be completed in four to six months.  Id. at *2.  Almost a year after the interview, the applicant filed an action seeking a writ of mandamus.  Id.  Employing the three-prong Mandamus Act test, the Chaudry Court found that the applicant had not established a clear and indisputable right to the relief he sought because “the background checks must be completed” and the applicant had not shown that there was no other adequate remedy because “his remedy is to wait for the USCIS to process the petition.”  Id. at *4.  With regard to the APA, the Court held that the applicant’s documentation and interview process was completed seventeen months ago and that “This length of time is not unreasonable, especially in light of the fact that the Complaint alleges no particular inauspicious motives or unscrupulous actions by Defendants.”  Id. at *5.  The Court dismissed the applicant’s lawsuit without prejudice, allowing the applicant to re-file should “the FBI and USCIS persist in delaying adjudication of Plaintiff’s I-485 petition.”  Id. at *6.

Fortunately, the applicant in Chaudry brought suit after “only” 17 months of delay, much less time than in the other cases above.  However, even if a future litigant brings a suit requesting mandamus relief after “only” 17 months of delay, it is certainly possible that the court will not find Chaudry to be controlling.  This is due to the fact that the only published decision on this subject from this jurisdiction, Burni v. Frazier, 545 F.Supp.2d 894 (D.Minn.2008), severely discounted the value of Chaudry in its opinion at footnote 8 when it stated:

                        This Court recognizes that in a fifth case out of this

                        District, Chaudry v. Chertoff, 2006 WL 2670051

                        (D.Minn. Sept. 18, 2006) (J. Magnuson) (the same

                        judge assigned to this matter), that the Court found

                        that the mandamus statute did not provide subject

                        matter jurisdiction, and that under the APA (which

                        was not pled), the delay (approximately 22 months

                        from application and 17 months from documentation

                        and interview) was not unreasonable as a matter of

                        law.  Id. at *2-3.  This Court notes that this was the

                        first case to be decided out of this District, plaintiff

                        was pro se, and Judge Magnuson did not have the

                        benefit of the extensive case law that has developed

                        on the subject since his decision.  In addition, the

                        Court notes that Judge Magnuson did not foreclose

                        plaintiff from returning to court in the future.  He

                        dismissed the case without prejudice “because

                        Plaintiff’s claims, if properly pled, may have merit

                        if the FBI and USCIS persist in delaying adjudication

                        of Plaintiff’s I-485 petition.”  Id. at *3.  Finally, the

                        Court notes that on February 4, 2008, the USCIS

                        issued “Revised National Security Adjudication and

                        Reporting Requirements,” which now require that if a

                        name check in conjunction with an I-485 application

                        has been pending more than 180 days and the application

                        is otherwise approvable, the application shall be approved

                        and the card issued.

Conclusion

            A federal law suit requesting a writ of mandamus may be an immigrant’s only hope when the years drag on without any resolution from the government.  Fortunately, Minnesota’s case law is favorable to such a remedy and thus it should be seriously considered by immigration attorneys and their clients once it appears that the government’s delay is unreasonable.

 Kent Gravelle is an attorney with Cundy & Martin, LLC – Immigration Lawyers in Minnesota.  www.cundyandmartin.com



By: Immigration Lawyer

About the Author:

Your world can change in the blink of an eye because of an accident that causes traumatic brain injury. These accidents can occur because of an accident or because of the negligence of someone else.

One type of brain injury that can occur is a concussion. This may be caused from car and bicycle accidents, falls, work-related injuries and fighting. A concussion is caused by a bump to the head. Symptoms may include blurred vision, slurred speech, headache and confusion. There are three types of concussions. Grade 1 where symptoms may last for less than 15 minutes. Grade 2, no loss of consciousness but symptoms may last more than 15 minutes. Grade 3 is when a person will lose consciousness.

It is important to seek medical care immediately. A CT (computed tomography) Scan may be done according to how severe the symptoms are. In some cases brain injury can cause long term repercussions. Traumatic brain injury can be devastating to a family because it may require long term rehabilitative treatment that can add up to thousands of dollars. There may be costs for nursing home care, medications, physical therapists, counseling and specialized doctors. If you or your family wonders how to find a Los Angeles brain injury lawyer, check out a Los Angeles referral service. Another way is through recommendation from friends and colleagues. In many cases you may want to find a lawyer who can represent you who is astute in personal injury claims.

Personal injury is a legal term that describes injury to the body, mind or emotions as opposed to injury to property. It will be crucial to you and your family that the highest allowable compensation be awarded and prove that there was negligence. There are many lawyer referral services in Los Angeles that can help you to find a good lawyer that is familiar with traumatic brain injury and personal injury law.

This is how to hire a lawyer. Use a referral service such as a Los Angeles attorney referral service and particularly search for a good lawyer that has experience in personal injury law. It is important to meet with the attorney, negotiate an hourly rate and choose the most appropriate good lawyer to present your case. Always ask for a written retainer agreement to ensure that your rights are protected.

Los Angeles personal injury lawyers can be found through a Los Angeles lawyer referral service. There you can find a directory of lawyers to choose from. There are many personal injury lawyers in Los Angeles area. A lawyer referral service can assist you in educating yourself about how to hire a good lawyer.

In the case of a family members traumatic brain injury you would be doing the hiring of a good lawyer. If the case is that you are the injured party then your family will be searching. In either case remember to seek medical attention quickly and keep a record of visits and other information that may be critical to your case.



By: HigherLegal Personal Injury Lawyer Referral Service

About the Author:

Divorce rates are rising in Vallejo and in the rest of the good old USA. It’s almost like divorce has become ubiquitous. Unfortunately, the cost of retaining a Vallejo divorce attorney is rising almost as fast as the rate of divorce. Hiring a Vallejo divorce attorney and going to trial should be avoided if possible. Unfortunately, it’s not always that easy.

People in Vallejo are no different then the rest of the general population. Quick, what’s the statue governing child custody modifications? Under what circumstances can they be changed? If you answered “I don’t have the faintest idea.” Well, then you’re quite normal. But, this also means that you might need a bit of help from a Vallejo divorce attorney.

However, a typical Vallejo divorce lawyer recommended by this website will be honest. Yup, that’s right. We don’t recommend Vallejo divorce attorneys that charge an arm an a leg. We generally frown from reccomending an attorney that will take all your money in legal fees.

A Vallejo divorce attorney that we reccomend will help you figure out how to settle your case in the most efficient manner possible. They understand that the way to building a thriving practice is to actually help people. Each Vallejo divorce attorney that we work with explores the possibilities of mediation. Mediation might not work for you, but at a cost of under $1,000 for a divorce, it’s certainly worth looking into.

Vallejo divorce mediation is almost always less expensive than a trial. Vallejo divorce mediation hastens the resolution of your case, and generally is a more civil way for going about the whole process. It does require that the two of you are still on speaking terms, so it doesn’t work for everyone. Not every case can or should be settled without a fight. Vallejo divorce attorney(s) are always ready to go to trial and fight for what a fair resolution if required.

Speaking of which, if you need a Vallejo divorce attorney, well, we work with several compassionate, aggressive attorneys. With strong ethical standards, the Vallejo divorce attorneys that we work with strive for an effective solution of your case using the shortest possible time frame.

We do not mediate to our client’s detriment. Each Vallejo divorce attorney recommended by has handled many cases in the bay area. These Vallejo divorce attorney(s) have handled cases involving contested child custody, residential schedules, child support enforcement, debt distribution, and alimony.

Each Vallejo divorce attorney recommended by bay-area-family-law.com has wisdom and emotional intelligence to resolve complex divorce cases. These Vallejo divorce cases can involve liquid assets, family businesses, international citizenship, and appellate cases. The Vallejo divorce attorney works on valuing and dividing property including multi-million dollar estates; cases involving stock options, pensions, 401(k) plans and other employment benefits and investments.



By: Charles Shaw

About the Author:

Did you know that one out of every eight traffic collision involves a tractor trailer? Approximately one million people are involved in truck crashes each year. More than 140,000 people suffered physical injuries from truck accidents last year alone. One third of those injured suffered catastrophic damage. A truck injury lawyer knows these statistics all too well, and is equipped to handle cases, should you have the misfortune of experiencing one yourself.

There are many truck injury lawyers that specialize in dealing with any type of truck accident claim. You may have been injured as the result of a collision with a truck, and it was not your fault. A spill that resulted from a truck accident may have exposed you to toxic substances. And all too often, there have also been many fatalities related to these dreadful types of accidents. Whatever the situation, a truck injury lawyer can help you determine whether you have grounds to file a claim for compensation.

There are many pitfalls you could encounter, when it comes to a trucking accident. Truck companies involved in the accident will often send out representatives to the accident scene, to confront accident victims. This is usually a time when the accident victim is most vulnerable. These representatives are there to limit the liability of the trucking company involved. Time is of essence when it comes to truck accidents. An injured person should have their own truck injury lawyer to immediately protect their rights should a situation occur.

An experienced truck injury lawyer will be able to determine the viability of your case, and can also discuss the various legal options available to you. They know and understand the law, they know what victims legally deserve, and they also know what the insurance companies are required to provide. Truck injury lawyers can help victims complete and file all of the necessary paperwork that will move the case forward. A good lawyer will be by your side up until a settlement is received.

Truck injury lawyers also understand what your immediate goals are after going through such a traumatic experience. They will make sure medical bills get paid, make sure you do not suffer financially if you are unable to work for an extended time, and they will also make sure the insurance company pays for any future treatment related to your injury. Discuss your situation with a truck injury lawyer as soon as possible, to go over the options that may be available to you and the parties involved.



By: Nick Johnson

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More tax deductions means tax reductionImportant Commentary for Owners of Real EstateBy Patrick O’Connor, MAIDepreciate Property Improvements Correctly…and Pay Less Federal Income TaxMost commercial real estate owners are paying excess federal income taxes because they are not depreciating their property as quickly as they should. A cost segregation study allows property owners to both defer and reduce federal income taxes. Cost segregation increases depreciation (a non-cash deduction) for commercial real estate owners. When properly performed by an appraiser with expertise in cost segregation, this is a conservative tax planning tool which reduces federal income taxes by properly allocating the cost basis between land, 5-year, 7-year, 15-year, 27.5-year and 39-year property. (Long-life depreciation is 27.5 years for residential rental properties and 39 years for commercial properties. Carpet and vinyl tile are typical 5-year items. Site improvements such as landscaping and paving are 15-year items.)Depreciation is an important non-cash tax deduction. By increasing tax deductions, commercial property owners affect federal income tax reduction. (Depreciation indirectly reduces income taxes by reducing taxable income. Income tax credits directly reduce income taxes.) The increase in tax write-offs generates such a large tax cut that some wonder if it is a tax shelter or tax evasion scheme. It is not. Cost segregation is an IRS-guided process used to increase tax deductions during the tax preparation process. The IRS has provided a detailed explanation of the items that qualify for short-life depreciation and acceptable methodologies for performing a cost segregation study. Cost segregation studies performed by appraisers in compliance with the IRS’s Audit Techniques Guide are unlikely to be challenged in an audit. Commercial real estate owners seeking tax advice and tax relief can benefit from reviewing the tax relief available from cost segregation.Cost Segregation Study Benefits include Tax Deductions and Tax ReductionBenefits of a cost segregation study are substantial, immediate and enduring. Year 1 federal income tax savings are typically at least two times the cost of a cost segregation study. In many cases they are five to fifty times the cost of the study. The present value of federal income tax savings for a property held for ten years are typically at least ten times the cost of the study. In many cases, the present value of tax savings as much as 30 to 50 times the cost of the report. The cost segregation study is only required once. Its cost is not recurring, but the benefits are recurring during the term of property ownership. A cost segregation study can also materially reduce local property taxes by separating real and personal property for newly constructed properties.Detailed ExamplePreparing a cost segregation study requires only a limited time commitment from the owner, perhaps 10 to 15 minutes. This limited commitment of time results in substantial federal income tax savings, which are both conservative in approach and well documented. Some owners believe their accountant is properly segregating components into the proper classifications. Many accountants and tax lawyers cannot thoroughly research this highly specialized field to understand the myriad number of items which can be segregated and are inadvertently overstating their client’s income tax liability. Furthermore, not obtaining a cost segregation study increases exposure in case of an audit since there is no clear audit trail. A cost segregation study prepared by an appraiser with expertise in land valuation, construction costs and market value clearly documents each of these items. Further, a cost segregation expert can almost certainly sharply increase allowable depreciation.Following is a summary of the results of a cost segregation study based upon a recent assignment: Office BuildingCost Segregation Example

Total costLandDepreciable basis????????

$6,650,000$1,277,500$5,372,500Annual depreciation (using 39-year straight line) $137,756Accurate Cost Allocation and Depreciation after Cost Segregation Study

Land5-year property7-year property15-year property39-year property????????

Cost Basis$1,277,500$374,675$9,433$495,189$4,493,203????????

Annual Depreciation$0$74,935$1,348$33,013$115,210

Year 1 depreciation with cost segregation

$224,506

Less annual depreciation without cost segregationAdditional year 1 depreciation

137,75686,750

Year 1 tax savings based upon 35% marginal tax rate

$30,362Who Benefits from a Cost Segregation StudyIf you own real estate and pay federal income taxes or expect to during the ownership period for the property, you will benefit from the results of a cost segregation study. This is true whether the owner of the real estate is a corporation, limited partnership or limited liability corporation. For syndicators, a cost segregation study is appropriate if limited partners will receive material net taxable income during the holding period even if the general partner does not currently pay federal income taxes. The cost segregation study will increase depreciation shield, thereby decreasing and deferring federal income taxes for the investors.Decreasing and Deferring Federal TaxesSince a cost segregation study decreases and defers federal income taxes, let’s review the long-term impact of this deferral. When the property is sold, capital gains tax will be due if the owner does not enter into a 1031 exchange. However, capital gains tax rates are typically 15% for high net worth individuals, while the ordinary income tax rate is 35%. In addition, the deferral during the ownership period has material benefits because of the time value of money. All investors would much rather pay a 15% tax rate when an asset is sold as opposed to paying a 35% tax rate today.When Should You Obtain A Cost Segregation StudyThe best time to obtain a cost segregation study is when you build or purchase a property. Documentation is most readily available for performing a study and a contemporaneous property inspection can be performed to best document results. However, there are options to perform a cost segregation study for property which has been developed or purchased previously.Elements of Preparing a Cost Segregation StudyThe appraiser starts by gathering documents from the property owner and performing a site visit. As necessary, depending on the special-use property found during the site visit, the appraiser would confer with tax counsel and review relevant tax court decisions. For newly constructed properties, most of the information on actual costs can be obtained from construction draws or invoices from contractors. For existing properties, the appraiser performs a quantity take-off for 5-year, 7-year, and 15-year property and estimates replacement cost using recognized sources. The appraiser then values land, 5-year, 7- year, 15-year, 27.5-year and 39-year property based upon inspection, analysis and IRS regulations and court rulings.Does this only apply to large owners?Both large and small owners of income property or owner-occupied commercial property can benefit from a cost segregation study. Commercial properties with a cost basis of at least $200,000 will likely see a material benefit in excess of the cost from a cost segregation study. In fact, owners of single-family rental homes can probably achieve worthwhile benefits by obtaining a cost segregation study.Qualifications to Consider when ordering a Cost Segregation ReportThe ability to value land and real property are critical elements when engaging a tax reduction expert to perform a cost segregation study. In addition, it is essential they have a detailed understanding of rules for classifying 5-year, 7-year, 15-year, 27.5-year and 39-year property. The ability to justifiably increase short-life depreciation materially increases the benefits of a cost segregation study. While most accounting professionals have a rudimentary understanding of the 5-year, 7-year and 15-year property classifications, few have a detailed understanding of this highly specialized niche. Be certain the report provider has scrutinized both the federal income tax code and the meaningful tax court cases to allow you to maximize your depreciation and minimize your federal income tax liability.



By: Patrick O’Connor

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If you or your loved ones are injured due to negligence or deliberate actions of some individual or authority then you can file a personal injury compensation claim. Different types of compensation claims are covered under New York Personal Injury Law. It is generally difficult to receive justice and compensation from the negligent authority. If you or somebody close to you was a victim of medical malpractice then pursuing a personal injury case can get complicated. It is never advisable to go alone when it comes to filing a personal injury lawsuit. If you seek legal counsel from an experienced personal injury lawyer then it will help you improve your chances of receive justice and compensation from the negligent individual/or authority involved.

Following are some of the FAQs related to New York personal injury law.

Is it compulsory to hire a personal injury attorney?

No, it is not compulsory as per the law. However, in certain cases your injury lawsuit can get complicated. If there were any state authorities involved, then you would be having slim chances of getting any compensation regardless of your injuries and damages. There are several experienced attorneys who offer free personal injury consultation on contingency basis. These lawyers will work on no-win-no-fee policy and only receive a fraction of amount from the final compensation claim amount. Therefore, they will only receive their fees if they succeed in winning your case. Hiring a personal injury attorney will certainly increase your chances of winning your case.

What is the statute of limitations?

The statute of limitations is a set amount of time during which you must file a lawsuit. You cannot file a personal injury lawsuit once the statute of limitations has expired. The statute of limitations could vary from state to state.

New York Statute of Limitation

Personal Injury: 3 years.

Fraud: 6 years.

Libel / Slander / Defamation: 1 year.

Injury to Personal Property: 3 years.

Product Liability: 3 years.

Contracts: 6 years.

Whether it is advisable to go for a personal injury settlement or a jury trail?

This is bit difficult to decide, but an injury lawyer will help you take the right step in the right direction. You should discuss these issues with your lawyer and he will let you know the best options available to you.

What are the different types of compensations which are covered under New York Personal Injury Law?

You will receive compensation for various types of injuries which includes medical bills, damage to your property, suffering and trauma, damage to your health and other types of physical injuries, injuries received in an accident. This amount will variate depending upon your injuries and losses.

You should get in touch with a New York personal injury lawyer who will help you receive justice and compensation from the negligent individuals or authorities involved.

New York Personal Injury Attorney – 866-ATTY-LAW – representing victims of medical malpractice, auto accident injuries and various other types of personal injuries.



By: New York Personal Injury Law Firm

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