Access To Erecords By Taxing Authorities: A Case For Pakistan (Part II)

All tax authorities to e-commerce transactions should investigate the record retention requirements of each others respective jurisdictions.

In September 1998 Revenue Minister Dhalinal of Canada;

Interpretation Circular 78-10RS and 779R (Book and Record Retention/Destruction) will be revised to explain the Departments views with respect to the electronic environment. Revenue Canada will work with authorities in other OECD Countries relating to information exchange as they currently do under the WTO and NAFTA relating to customs and excise matters such as Rules of Origin of Goods. Revenue Canada also believes that there are adequate search and seizure powers under the Criminal Code and the Income Tax Act to deal with the difficulty of accessing encrypted information.

An electronic signature may be proved in any manner, in order to verify that the electronic document is of the person that has executed it with the intention and for the purpose of verifying its authenticity or integrity or both.

Presumption relating to advanced electronic signature, in any proceedings, involving an advanced electronic signature, it shall be presumed unless evidence to contrary is adduced, that the electronic document affixed with an advanced electronic signature, as is the subject-matter of or identified in a valid accreditation certificate is authentic and has integrity; The advanced electronic signature is the signature of the person to whom it correlates, the advanced electronic signature was affixed by that person with the intention of signing or approving the electronic document and the electronic document has not been altered since that point in time.

Although digital signature technology has been available for some time, it has only recently become feasible to use digital signatures to authenticate a document. This breakthrough has made digital signatures one of the most important areas of development within electronic commerce. It is important because the technology, and the law governing it, must develop in a way that promotes, or at the very least does not inhibit, the growth of electronic commerce.

Encryption

The role of encryption and digital signatures go hand in hand in the authentication of records. The cryptography provides the technology used in digital signatures as well as for encryption. Encryption transforms an electronic document unreadable, thereby providing another level of security and increasing the attractiveness of the Internet as a means of transferring confidential data of the type often used in electronic commerce making the access to data possible for purpose of locating of database.

Clipper Chip

The government should make consistent attempts to introduce legislation on the clipper Chip, or a similar alternative. The Clipper Chip is a device enabling the government to gain access to communications by obtaining a key held by two escrow agents. The technical aspect of clipper chip is well known to information technology experts. But for legal profession it is device by that the record can be authenticated and verified.

Computer Forensics

There is numbers forensics that performs their legal duties regarding digital discovery of the documents. When we look into the legal history of these digital discovery authorities, their function as certified authorities to all document produced in digital form developed with advanced with electronic communication. The assistance of computer forensics is employed by foreign courts for purpose of getting forensic view about the e-data or electronic evidence.

The Computer Forensics authorities employs various tools for purpose of verification of documents, starting from identify, acquire, restore, and analyze electronic documents for their admission and production before court of laws. There verification of documents is not limited to local disk data but even the remote server data is verified. From authentication of record to local hard drive to remote server, the certified forensic discovery authorities help in testifying acquired from data from NT, Novell, UNIX, and Linux servers and PCs, among others.

Identification

There procedure adopted by the digital discovery authorities start from electronic discovery is identification. The electronic discovery is the identification of likely sources of relevant information comparing it with original electronic document. The identification of computer document and its comparison with original record through critical step to help ensure that data is not overlooked and each aspect of date is properly maintained and there is no tampering of database while its production before court of law. There view about the electronic document are requested of disk or remote documents and go on-site to inventory the data and look for hidden sources of taxpayer for evasion of record. In many cases, they present a written e-discovery report of web site and its links with database where it has been hosted.

Acquisition

The Identification of electronic documents is only the first step for proper identification of website link with data base. Once identified, the second step that they have to follow to gather the relevant information for authentication of the electronic evidence as to judge the reliance of the evidence. They take care to collect relevant information for coming to right conclusion regarding the authenticity of e-documents. They take care to avoid tampering of record and to maintain defensible chain-of-custody. There are three critical procedural phases judging the reliance of the electronic evidence and its presentation before the court of laws. Computer forensics employs uses forensically tools, their written protocols and internal procedures ensure that their work product with stands scrutiny in all jurisdictions where it is going to be presented before the court.

Restoration

There are many hidden sources of electronic evidence that can not be retrieved without seeking the assistance of the authorities of foreign jurisdiction. Once information regarding the evidence existed out state jurisdiction gathered, document must have to follow the same procedure of as defined in acquire. Rather it is foreign jurisdiction or not, important information is not retrieved without tested forensic procedures and documentation. The computer forensics helps courts to avoid any unnecessary production of documents, while ensuring that potentially relevant documents are presented, including encrypted, compressed, and password-protected files, are presented before court properly.

Searching

Another method is used is filtering of electronic database received in electronic discovery. While undergoing search of the electronic evidence, the computer forensics uses a variety of methods, tools and appropriate search technique to widows and other operating system for increasing reliability of electronic document to the court of law. The electronic forensics authorities are given number of powers in connect with assessing the reliance of the electronic and figuring out the hidden sources of evidence.

Production

The production and admission before the court of law is primary function of these forensics authorities and the computer forensics produces legal documents of data to court by their certification. They are granted certification power by statute or they are working independent autonomous bodies being famous for their impartial reports, they are often asked by court to give opinion about the electronic having agreed by both parties to suit. They produce copies of the data selected for review and offer recommendations and certification regarding the nature of electronic database to be viewed organizes data as evidence.

Verification

The computer Forensics perform number of function, one of them is offering detailed written certified reports and analyses to courts to just adjudication of matter. As being declared as friend-of-the-court experts, they assists judges with the interpretation electronic evidence being presented in court proceedings and the testimony of other electronic discovery experts. The court often needs the opinion of these experts regarding the building of the electronic evidence and reliance. For getting appropriate and meeting the reliance standard, although careful attention to detail in the early stages of electronic discovery builds solid expert testimony. The real aim of computer forensics to assist the court in reaching just conclusion regarding production of data as evidence but in Pakistan we have not yet legislated on role of computer forensics as expert role for identification, production and its admission before the court of law.

Legislative proposals

The legal requirement to get access to information or database for the purpose of authentication of record which is in electronic form it can only be met by providing access to the information in paper or other non-electronic form; but, if the maintenance of the integrity of the database cannot be assured, the person who must get access to the data must notify every person to whom access is required to be provided of that data base as evidence; and if requested to do so, provide access to the information in electronic form.

The form and means of access to the information reliably assures the maintenance of the integrity of the information, given the purpose for which, and the circumstances in which, access to the information is required to be provided; and the person to whom access is required to be provided consents to accessing the data in that electronic form .But the question of out cross border jurisdiction of taxing authorities is not possible unless international treaties are signed and tax laws are amended for the purpose of empower the tax administration to get access e-transaction database which is located at remoter server.

The mentioned below are my legislative proposals that can address the legal issue of access to e-records.

The Legislation of privacy and securities issues

Legislation has been suggested to address privacy issues raised by the practices of the Internet industry, including the gathering of information about individuals’ patterns of access to Internet sites . Most of the central and local legislation, however, doesn’t prohibit independent third parties from gathering and disseminating your personal information to the millions on the net.

Amending Sale Tax Act 1990

The section 25 of sale tax act only deals with accessibility of sale tax officer to records of electronic data base where no specific direction is available for the getting access to record which has kept at remote server.

Here we need to insert the words or hosted in remote web server in section 25 of the Sale Tax Act 1990.,

A person who is required to maintain any record or documents under this Act or any other law shall, as and when required by an officer of Sales Tax, produce record or documents which are in his possession or control or in the possession or control of his agent; and where such record or documents have been kept on electronic data or hosted in remoter web server, he shall allow access to such officer of Sales Tax and use of any machine on which such data is kept.

The insert of appropriate wordings will enhance the power of tax administration for purpose of getting access to e-transaction data base.

Amending Income tax ordinance 2001

The accessibility income tax officer to get access to e-records which has kept at remote web server is ineffective by non-existent of statutory words, phrase or clause in clause (a) subsection (1) section (175) of income tax ordinance. I recommend the same phrase as I have recommended in section 25 of sale tax act of 1990.

In order to enforce any provision of this Ordinance , the Commissioner or any officer authorised in writing by the Commissioner for the purposes of this section (a) shall, at all times and without prior notice, have full and free access to any premises, place, accounts, documents or computer or remoter web server;

I will describe in second chapter, how the code criminal procedure can be made effective for search authorization of e-records uploaded at remoter server.

The gauging the effectiveness of legislative proposals

There are various standards for determining the effectiveness of the legislative proposal, first-practicability-whenever the legislation is promulgated that must be feasible to enforce it. We how to determine rather any such amendment is put in operation will serve the good or not? Rather any such facility is available for tax officer to access the e-records hosted at remote server, if no, then how these legislative provision can made effective? There is one simple answer to this question by increasing the efficiency of taxing officer. Secondly, predicting the proposed amendment by its intrinsic structure, what could be best substituted phrase that can remove deficiency of enacted provisions? That is hosted at remote web server?

Summary

There are various devices are used for getting access to e-records, like encryption, clipper chip and computer forensics, and to extend legal right to access the e-records, we need to make appropriate statutory amendments in tax laws.

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. Author can be contacted by Adil Law Company (Advocates and Immigration lawyers) Office No.3 2nd Flr Hafeez Chambers 85 The Mall Rd Lahore Pakistan Telephone: 9242-6306195 9242- 6360108 Fax: 9242 6360108 Cell: 92300 4254910 E-mail: adil.waseem@lawyer.com

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7 July

Florida Business Lawyers

Though any business is profit-oriented, what determines its reputation is its business ethics. Their reputation is usually reflected in its accounting procedures.

Even if a business organization follows ethical accounting standards, there is a chance it will face a financial loss due to external factors, such as a decrease in purchase orders, shortage of raw materials, transport problems and so on. These are times when businesses need guidance. This guidance is offered by business lawyers.

Unlike injury lawyers or civil and criminal lawyers, who work in courts of law, a great majority of business lawyers work in private firms as legal advisors on consultancy terms, or for the Federal and state government.

Business lawyers help businesses grow without any problems with Federal and state rules and regulations. For example, one business lawyer may help a business firm to raise its capital. Another business lawyer may help a commercial firm by letting all employees sign an agreement so as to prevent its employees from starting their own competing businesses using the firms trade secrets.

Business lawyers are specialized in handling all important aspects of running a good and effective business enterprise on ethical principles. They handle dealer practices, contracts of employment, mergers and acquisitions, securities, shareholder issues, trade secrets, business fraud and all other related issues. Many business lawyers represent the business organization for which they work, in any dispute.

Some business lawyers also handle cases for individual employees in business houses, for example in a case when a worker is fired without being paid the compensation that he deserves. Business lawyers in Florida work in specialized areas such as antitrust and trade regulations, business litigation, labor and employment, taxes, workers compensation and other related matters.

All lawyers working in Florida are obligated to be members of the Florida Bar Association, an official organ of the Supreme Court of Florida. The bar regulates the functioning of all certified lawyers in the state.

The official website of the Florida Bar Association, www.floridabar.org, is an excellent resource for finding business lawyers in the Sunshine State. Apart from guiding interested businesses and individuals to locate business lawyers in Florida, the website hosts pamphlets of information on `Buying a Business Opportunity, `Buying a Franchise, `Clients Security Fund, and other topics which will be of immense use to a business owner or a prospective business owner.

Florida Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Lawyers is affiliated with Florida Alcohol Treatment.

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7 July

Demystifying The Process Of Accepting Credit Cards As An Attorney

Accepting credit cards can be a very intimidating option to consider as a sole practitioner or small-firm attorney - if you deal with collecting retainers from your clients…

The word merchant service has developed an almost ominous connotation among solo professionals and for good reason. Most people associate the phrase with ludicrous fees, minimum transaction volumes, equipment rentals and restrictive contracts. And all too often, that notion is entirely justified.

In fact, several professionals simply choose to forget about accepting credit cards altogether - because its just one less hassle to deal with. Unfortunately, this can actually cost them quite a bit of business, whether they realize it or not. Its been continually proven that providing your customers the option of paying with credit will increase sales (in this case, client volume) in practically every industry.

Furthermore, the main advantage for an attorney to accept credit cards wouldnt so much be an increase in client volume as it would eliminate waiting for checks in the mail not to mention having someone make a bank run to get them deposited. And credit card payments dont bounce either!

The truth is that while there actually are some very affordable (and flexible) services available to solo professionals, theyre also very few and far between. And in most cases, theyre not easy to recognize.

So lets explore some of the terms and terminology of the merchant industry so as to de-mystify the process of choosing a merchant company that will effectively suit your practice

Statement Fees: Most merchant account providers will charge you to simply receive your billing statement. This normally costs $10.00 per month. This is, for the most part, a pointless fee for the purpose of generating additional revenue for the merchant company as it much more than covers the cost of distributing a statement although, not all companies have a statement fee.

Monthly Minimums: Several programs include a minimum, which is not a minimum amount of sales volume, but rather its a minimum charge in regards to transaction fees. Normally, this is $25.00 per month. This does not mean that a $25.00 sale will waive the minimum.

Transaction Fees: This is a flat-fee per transaction through your merchant account. This will typically be around $0.25 per transaction although different credit cards will themselves charge a transaction fee as well, such as American Express and Discover.

The Annual Fee: The majority of merchant services will employ an annual fee, ranging from $45.00 to $95.00. Again, this is simply a premium for using the service.

Program Fees: Also called the monthly fee, this is simply a monthly premium ranging from $5.00 to $25.00 per month to accept credit cards via the merchant service in question.

Discount Rates: Also known as the flat rate, this is a percentage of every sale that is automatically commissioned to the merchant service, and split between them and their processor (if theyre a third party). This will range from 1.95% to 5.95%, depending on the nature of the service.

The Cancellation Fee: The majority of merchant services do utilize a minimum term of duration within their account contract. To cancel the contract before its term has expired will cost anywhere from $95.00 to $250.00, sometimes more.

Equipment Lease or Purchase: In general, youre required to either lease or buy the (expensive) equipment needed to process credit card swipes. Leasing equipment can range from $29.00 to $79.00 per month, with an average term of 36 48 months. These leases cannot be cancelled. In addition, you will be paying the relevant state tax on those payments - and to top it off, most companies will charge an extra $3.00 per month or so for a Loss and Destruction waiver. At the end of the lease, you must either return the equipment in good condition, or you must purchase the equipment for at its current market value. The purchase price will be something like 15% of the aggregate lease payments (for a 36-month term).

As you can clearly see, all of this can add up to a substantial amount of money - and if you do default on the equipment lease, it will show up on your credit report.

Accepting credit cards doesnt seem too exciting at this point, does it?

However, as I had mentioned previously, there are some affordable options within the merchant industry that actually cater directly to solo professionals and part-time business owners.

For example, did you know that you can accept credit cards without any equipment at all by simply using your cell phone (or blackberry)?

Not only is this type of system totally mobile, most of these services are uniquely affordable. One in particular, Accept by Phone, costs only $5.00 a month with a discount rate of 3.95% on each sale. Such services are able to bypass all the other fees because of the way that transactions are processed and the automated call-in system literally allows the vendor to authorize and process the payment in real time within a matter of seconds.

Additionally, this service does not have a minimum term or a cancellation fee.

Glenn Garnes, attorney and webmaster of Lawyer Lounge, recently reviewed the mentioned service:

I can’t tell you how many times I’ve been on the road, at the courthouse, or out of the office when someone wanted to make a payment, and I delayed my ability to accept it by having to ask them to send a check. I also can’t tell you how many times that check was late or never came in the first place.

If you bill for your fees, or if you have a collections practice, this [type of system is the perfect way to increase your cash flow conveniently, and cost effectively, not to mention how it improves your profile in the eyes of your client.

Now, even if you would be processing most of your payments at the office and if you needed equipment there are also a variety of cost-effective services that suit that need as well. Just make sure that you take a very close look at the terms and conditions of the service in question.

Remember that the most crucial element of any merchant service is the term (duration) of the contract. They may be offering free applications, low fees and so on, but make sure that its not because they plan on locking you into a two-year contract.

Unfortunately, this is how most merchant companies make their money.

However, youre no longer at the mercy of the merchant industry, because youve just taken a behind the scenes look at how the whole system really works. You can now investigate accepting credit cards from your clients with confidence, knowing that it truly is possible to make life easier not harder by allowing your clients to pay with credit.

Especially those that are cash-strapped.

Its simply a matter of finding a service that caters directly to your needs as an attorney.

Chris Rempel is the marketing director of Accept by Phone - the only merchant account that is built specifically for professionals like attorneys.

Find out how you can accept credit cards from anywhere for only $5.00 a month at http://www.accept-by-phone.com/attorneys.html

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7 July

Arizona Lawyers

The legal system affects every aspect of society in one way or the other, and we are directly influenced by it. Whether you are buying a house or just walking down the street, there are laws to be followed. When someone comes forth and accuses another person of breaking the law, litigation can take place. A person can be sued or tried in court. This is where Arizona lawyers step in.

Lawyers are the backbone of the legal system that connects the legal system with society. Lawyers act both as advocates and advisors for society. As advocates, they represent a party in court and offer support through witnesses and evidence. As advisors, they coach their client about their legal rights and obligations and suggest a course of action for a clients personal and business matters.

Lawyers may specialize in different fields and according to their specialization and expertise, may represent various groups and individuals. For example, there are DUI lawyers, whose expertise is handling the cases of individuals facing drunk driving charges. Similarly, divorce lawyers handle divorce cases and criminal lawyers either act for the defense or as a prosecutor for the state.

Finding a right lawyer is very important if you need right advice or representation in the court. To find a lawyer in Arizona, the best way is to search the Internet. There are a variety of informative sites available about Arizona law firms and lawyers. You can also check the yellow pages, the Arizona State Bar Association or family and friends.

Arizona Lawyers provides detailed information on Arizona Lawyers, Arizona DUI Lawyers, Arizona Criminal Defense Lawyers, Arizona Divorce Lawyers and more. Arizona Lawyers is affiliated with Colorado Employment Lawyers.

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7 July

Attorney Fees Part 3 Fee Arrangements

This is Part 3 of this 4-part article. Please refer to the other 3 parts to read this article in full.

In this Part 3 of this multi part article you will have an opportunity to read about the retainer fee, contingency fee and statutory fee. Please refer back to Part 1 and Part 2 of this multi part article to learn more about the other fees.

Retainer Fee - As the name implies, this fee is paid to the lawyer, often monthly or annually, to retain or keep the lawyer available to the client. It means that your lawyer would have to turn down other cases in order to remain available for you. As a result, you will probably be billed at a higher rate. This type of fee is called a true retainer and is often paid by large corporations to make sure they have access to their lawyers whenever they need advice or representation.

However, the more common type of a retainer fee is actually a down payment or a deposit. The client would put money into a special account, and the lawyer deducts fees as services are completed. The client is responsible for reviewing the account periodically. The legal fees will be subtracted from the retainer until the retainer is used up. Then, the lawyer will either ask you to pay another retainer or bill you for the additional time spent on your case.

Another way of using a retainer fee agreement is to have the lawyer be on-call to handle your legal matters over a period of time. Some legal work would be covered by the retainer fee while other legal services would be billed separately. Your lawyer needs to explain the details of your retainer agreement to you in advance, since there are several different types of retainer agreements. The retainer fee is usually non-refundable. Also, the unused money from this retainer agreement is usually refundable. Most attorneys require retainers for most kinds of cases. Make sure you ask your lawyer what your retainer agreement covers and what is refundable.

Contingency Fee - This type of fee agreement is commonly used for accident, personal injury, medical malpractice, workers’ compensation and other cases involving a law suit for money. It means that you will pay your lawyer a certain percentage (usually one third) of the money you recover if you win your case or if you settle out of court. If you lose, the lawyer doesn’t get paid. However, whether you win or lose you still have to pay any court costs and other expenses, such as the cost of expert witnesses. These expenses can be quite high. In some cases, the lawyer may use the money you receive from the case to pay some of these additional costs for you when they are due. But some lawyers will ask you to pay the expenses as they arise, since there is no guarantee that you will win your lawsuit.

Make sure you get the contingency fee agreement in writing and it must spell out the percentage the lawyer will get. Also, it needs to include whether this percentage is figured before or after costs and expenses have been deducted. In some cases, the percentage could vary depending on whether the case is settled out of court, goes to trial or has to be appealed. If so, those varying percentages must be stated in the agreement. You can try to negotiate an agreement in which the lawyer accepts a lower percentage. Lawyers settle most personal injury cases through negotiations with insurance companies before going to trial, which will require less legal work. No matter what, before you enter into a contingency fee agreement, your lawyer must explain all of the details relevant to your case and you must fully understand it to avoid any un-needed disputes after the fact.

Statutory Fee - For a certain legal work the cost is set by statute of law hence the name statutory fee. This means that the lawyer’s fee is either set or must be approved by the court. Your lawyer will let you know if your case would include statutory fee.

Summary of Attorney Fees

Regardless of which fee agreement is agreed upon between you and your lawyer, always ask to obtain a copy of the agreement. While only contingency fee agreements must be in writing, it is best for you to you have a written fee agreement for your case to avoid possible misunderstanding and un-needed disputes. Besides all the things mentioned up to now, your fee agreement must mention whether you’re required to pay for related matters that may come up as a result of your case which are not covered by your agreement or may not be mentioned in the agreement. Also, depending on the laws in your state of residence, your fee agreement may have to state whether your attorney’s fees are set by the law or they have been worked out between you and your lawyer.

For some cases it is impossible to know the time your lawyer would take to resolve your legal issue. For this reason you need to ask your attorney to estimate the cost and time that would take for your case and to include it in your fee agreement. Keep in mind that many unexpected factors may affect your case and the actual cost may be greater than the estimate. You may want to negotiate a limit on your total fees to protect you from these uncertainties.

If you have an hourly agreement, you might want to be billed weekly or monthly to give you a chance to review the services performed by your lawyer and to justify whether you’re receiving a fair value. Ask your lawyer to provide in the bill a break down of the time spent on each task and to describe the work performed for each charge.

Don’t be intimidated or afraid to talk to your lawyer regarding his or her fees or to push your attorney into disciplined routine of providing you with regular updates on your charges. Not all lawyers (as it is with people in general) are disciplined. And attorney fees as well as other legal fees are astronomical. Since these fees are coming out of your pocket, it is important that you deal with your lawyer openly and of course in a businesslike fashion until you are satisfied with the services rendered and his or her costs.

Other legal fees - covered in Part 4 of this article.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

About the author: This article was produced by Attorney Resources and Information website. Please visit http://lawyer.bestinfo4you.com if you need to find a lawyer or if you need more information to help you with your attorney.

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7 July

Identity Theft Over Hyped?

It appears that Identity Theft has been way over hyped. Yet why? Well lets follow the money? The Federal Trade Commission has a budget right? They have to employ a handful of really good economists and quite a few wannabe economists who think that every business merger is some sort of economic conspiracy an attitude, which has permeated the FTCs existence for generations. Then the FTC has to higher thousands of Lawyers and has to pay them with taxpayers money to protect large companies since many of these companies are lazy, weak and inefficient while delivering inferior products and providing mediocre to lousy service.

The Federal Trade Commission is a complete sham, but will not admit it although those in the know say it is for the good of the economy due to these large employers financial stability. Besides Adam Smith predicted this might happen and so it is somehow okay? Go figure these wannabe academics accepting such hokum and carrying on as if it is okay to misrepresent Justice at the little DOJ agency; FTC.

The new disruptive innovative and entrepreneurial companies move too fast for the larger corporations and they need help from the government to protect them because executives who quite frankly are only capable of borderline piss-poor performance run these companies. Now then this is one reason that the FTC fraudulently over hypes the problems of Identity Theft. The other reason is they choose companies who sell services to larger companies to prevent identity theft who make money selling software and consulting.

The FTC needs budget monies from Congress and most prove their worth so they over hype the reality of the problems. Read any GAO report on the FTC for more knowledge of how all this budget stuff works.

So how bad is Identity Theft? Not as bad as you think, but all this hype over it is hurting online companies who sell stuff on the Internet as consumers have been mislead and fear using their credit cards online. And that is bad for e-commerce companies and really good for large box store retailers this Christmas Season. But do you think it is right for the FTC to scare the public, misrepresent truth and make people fear a reality that does not exist or do you think the agency should be closed and disgorged of their ill-gotten gains? Think on it, as it sickens me to think this is Truth, Justice and the American Way at work.

Lance Winslow

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7 July

Criminal Defense Lawyers California Guide To Find The Right Attorney

Building your criminal defense team is very important when you are implicated in any crime related problem in California. Aside from looking to clear your name, you should busy yourself with finding people who can best put you in a position to make this clear to the court.

While this may seem daunting, the fact is that you do not need to be a legal expert to be able to make an informed decision regarding your criminal defense team. Here are a few tips to help you find the right representation for your criminal defense in California courts of law.

In law, just because an attorney is good does not mean he or she is the best one to tackle your case. In most cases, the best way to make your representation count is to find the attorney whose skills and expertise most closely resemble your needs.

In your search for good attorneys to represent you, you will need to keep in mind the roles, responsibilities, and functions of a good attorney. If you have this in mind, you will have a better vision of what to expect from your legal assistance. This is a good first step in your legal battle.

1. They Represent You - Good criminal attorneys - in California, or in any other state - represent their clients at trials. They also take your stead at bail hearings and at preliminary hearings. They will also prepare your statement for any legal needs.

Lawyers are like doctors. Each lawyer has his or her own specialization. Now for each case, there will be a different lawyer suited to handling your case. If your case involves homicide, then you will want to choose a lawyer who specializes in the nuances of homicide cases.

You will need their skill to make your statement clear, concise, unambiguous and acceptable in a court of law. This is why attorneys should be your closest companion whenever you take the stand or are being questioned in court.

They are also in a better position to make your position clear on the court floor. This makes your legal troubles less of a problem.

2. They Listen to You - This is probably one of the most underrated functions of important traits that every good attorney should possess. Without great listening, there can be no great representing.

As mentioned earlier, the duty of the attorney is to represent you in court. If your attorney seems aloof, then that is a bad sign that the attorney might not be working for your best interests. Your attorney needs to listen to every detail and every tittle of your side of the story to be able to drive your testimony home.

If your criminal defense attorney lacks this skill then it could be a sign that you should look for better attorneys around the block. Good ears could mean a good attorney - maybe not, but it is a good start.

3. They do Their Homework - Good lawyers become good because the work hard behind the scenes. Some cases boil down to who does their homework best. The better the research and paperwork a staff does, then the greater the probability one wins the case.

Good Attorneys always do background work, both to bolster your case and to look for possible precedents. Lawyers should work both spokesman and investigator. Only with these skills can a lawyer truly represent anyone in a court of law. California defense attorneys know that ins and outs of the law for the local state. They are truly in the best position to help any defendant with legal duties.

CriminalDefenseFAQS.com provides informative articles about Criminal Defense Attorneys, Federal Criminal Defense and Criminal Defense Investigator. If you need more information, please visit http://www.CriminalDefenseFaqs.com

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6 July

What Is A Deposition And Will I Have To Testify?

Q: What is a deposition, and will I have to testify at a deposition?

A: First, a deposition is a question and answer session where you will swear (or affirm) to tell the truth. The questions and answers are recorded by a Court stenographer, who will later transcribe all of the questions and answers into a booklet.

If you are bringing a lawsuit for injuries you or your loved one suffered then you will be required to testify about your knowledge of the events and your knowledge of the injuries. You will also be asked questions about how those injuries have affected you (or your loved one) and what treatment you’ve received to treat those injuries.

The attorney(s) for the people you have sued will be questioning you, usually in my office. Sometimes, because of an inability to travel, we can accomodate the injured victim and conduct the deposition closer to their home. Naturally, I will be there with you every step of the way.

Prior to your ‘deposition’ you will meet with me, either on the day you are scheduled to be asked questions, or on a scheduled day before the deposition. During that meeting, I will prepare you extensively about what you can expect will be asked of you by the other attorney(s). By the time we have finished our meeting, you will be aware of practically all the types of questions you will likely be asked by our adversaries.

During the deposition, if you have any questions or concerns, we can take a break and discuss them in the privacy of my office.

Once your deposition session is finished, you can expect to receive a copy of the booklet that contains all of the questions and answers asked and given. You will also receive special instructions about how you must review the transcript for any errors, and what to do if you find factual or typgraphical errors.

On another date, I will have an opportunity to then question the ‘defendant’ (the party that you have sued) to determine from them what happened and why. You are welcome to attend the defendant’s deposition with me, however there are some instances where I will advise against being there, and in some instances I will encourage the client to accompany me.

Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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6 July

Injured In An Accident? 5 Reasons Why You Don’t Need To Hire An Attorney

You’ve just been injured in an accident. Get ready for the onslaught of mail from lawyers at home. Be prepared for those ugly billboards showing pictures of crashed cars and wreckage with victims crawling away. Beware the yellow pages ads that proclaim quick and fast settlements for your injuries.

Do you need an attorney? No, and here’s why:

5 Reasons Why You Don’t Need An Attorney After You’ve Been Injured In An Accident

1. You know it all.

By knowing it all you have more knowledge and experience than a New York personal injury trial lawyer. That’s good. You know what the law is and whether your injuries are serious enough to prevent you from getting thrown out of court. Knowing it all means you know how to negotiate with the insurance company. You are aware of the common tricks they use to get unsuspecting victims to settle cases, like sending a low-ball settlement check to the client with the appropriate closing papers, telling them all they have to do is sign here and the check is theirs. You must know how to find out what the insurance policy limits are, and whether there is any excess insurance available to pay for your injuries. Having all the information means you know how to say No to an insurance company offer and start a lawsuit on your own behalf. It also means knowing how much time you have to file a claim with the insurance company, and how much time you have before you need to start your lawsuit.

2. You know how disabling and permanent your injuries are.

Doesn’t it feel good to know that you can convey how serious and permanent your injuries are? You can clearly and concisely express your frustrations and feelings to the insurance company. Just don’t expect them to shed any tears for you.

3. You know the true value of your injuries in the county you live in and don’t need a lawyer to tell you otherwise.

Knowing it all means that you know your injuries are worth more than the McDonald’s Lady who won a large award. It means knowing that your injuries are worth more than the insurance company has ever seen before. It means knowing that in your town and in your county, the same type of injuries for the same age individual is similar or different than your own. Knowing it all means that you know where to search for information that you can use to show the insurance company that your injuries are worth more than a similar victim. It means that you know what medical records and documents the insurance company needs to confirm your injuries and permanent disability.

4. Why should you have to give part of your compensation to some lawyer you don’t even know?

Why do you need to give up 1/3 of your award, when you can do it all yourself? You know that handling an accident claim and then a lawsuit is no different than reading a do-it-yourself book, similar to building a deck in your backyard. If your neighbor the lawyer can do it, so can you! Why pay someone to do it for you? Do you think they could possibly obtain more money for your injuries than you can? If you don’t think so, then by all means, don’t hire an attorney. But if you have that nagging suspicion that they just might be able to achieve a better result, then you owe it to yourself and your family to call a personal injury lawyer right away.

5. You have more experience than a New York personal injury trial lawyer and know that you can overcome any defense the insurance company throws at you.

You know that with every claim and every lawsuit, the insurance company and their lawyers will fight you tooth and nail on everything from liability, to causation, to the extent of your injuries. You must know all of those defenses and how to overcome them. You must surely know of how to contact witnesses and obtain their statements, and how to use them to your benefit. Of course, you also know how to try your case and achieve success- all the while trying to support your family and recover from your injuries.

Conclusion

So, do you need an attorney after you’ve been in an accident? I leave that question for you to ponder. If you know it all, then you don’t need an attorney. However, if you think you might benefit from legal counsel and their experience, then don’t wait. Call an experienced injury lawyer immediately to make sure you know and understand your legal options. Good luck in your quest for justice!

Attorney Oginski has been in practice for over 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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6 July

LA County Criminal Defense Lawyers The Importance Of Seeking Lawyers Advice

If you are a resident of LA County and you have been accused of a crime then is appropriate to consult a criminal defense lawyer immediately to make sure you are given the proper legal advice.

While there are federal laws to govern every crime committed, there are some states that implement their own criminal laws in addition to the federal laws on crimes. An LA county criminal defense lawyer would be in the best position to give legal advice on this matter.

A person seeking for a qualified LA county criminal defense lawyer should not worry because most LA county lawyers have their own websites from where they can get the information they want. Their websites do not only show useful contact information for criminal defense lawyers but they also offer free legal consultation to prospective clients. The person accused of a crime or his family can consult with the lawyer either personally or through the internet.

A person who has been accused of a crime should seek a criminal defense lawyer even if he believes he is innocent of the charges. There are legal procedures being followed by most states and this includes the issuance of a warrant of arrest. Even if the accused is innocent of the criminal charges a warrant can still be issued for his arrest and he can still be put to jail.

Not all people are aware of the legal procedures being followed by the courts so to make sure that the accused gets the best legal advice, he should consult with an experienced criminal defense lawyer. The criminal defense lawyer can advise the accused of his rights even before he is arrested as well as once arrested. And even if the accused has been arrested he can still apply for bail depending on the type of crime he has allegedly committed.

Some criminals lounging in jail are innocent but they failed to get the services of an experienced criminal defense attorney so their cases were not properly pleaded in court. There are legal principles that may absolve the accused form the crime charged but only the criminal defense lawyers can advise him of these principles.

It is important to get a lawyer from LA County because he is presumed to know the federal and state laws applicable to your case. Such lawyer would also be more knowledgeable about the courts and the strategies of the district attorneys in LA County and can thus provide the accused the best legal strategy for his case.

Being accused of a crime can mean losing your property, your friends, your job, even your life. Any person who wants to protect these things should make sure he is being given the best legal strategy that can help him win the case or make the sentence lighter and more bearable.

When choosing a criminal defense lawyer in LA County, the accused should make sure that he is getting the services of a reputable lawyer who has earned the respect of his colleagues as well as of the court officials. This would increase the chances of winning the defense as well as getting justice for the accused.

No matter what criminal case the accused is faced with, whether it is a common driving under the influence case or a bigger rape or murder case, the accused should always prioritize the services of a good criminal defense lawyer. This way he protects his rights and his life.

CriminalDefenseFAQS.com provides *straight to the point* articles about Criminal Defense Attorneys, Federal Criminal Defense and Criminal Defense Investigator. If you need more information, please visit http://www.CriminalDefenseFaqs.com

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6 July