PDJLawFirm: Blog PDJLawFirm: Blog https://www.pdjlawfirm.org/blog/ Copyright by PDJLawFirm en PDJLawFirm Thu, 29 Oct 2020 09:48:53 -0400 Top-rated workers’ compensation attorney in Los Angeles won a $115k settlement for a thumb injury Michael Chakrian, from C&B Law Group,

shares all the details

An attorney from a top-rated workers’ compensation law firm in Los Angeles recently won a $115k settlement for a thumb injury case, where the affected worker underwent an amputation.

Michael Chakrian, an experienced workers' compensation attorney in los angeles california and a senior member of C&B Law Group, took on the case. He described it as a "very complex situation" that he believes put to the test, “all of his experience, gained through years of legal practice".

Daniel Johnson, the worker who suffered the injury, said that at first he thought he was "going to receive a very small compensation". So small that it would be insufficient to cover the medical expenses related to the amputation. However, he added that working with C&B Law Group was "an excellent decision". Due to the expertise of this Los Angeles law firm, he was able to receive the monetary settlement he deserved.

After securing maximum compensation for his client, Chakrian shared the details of the case.

  1. How did the injury happen?

Daniel told us that while working in a woodshop in East Los Angeles, his boss distracted him while he was cutting something on a saw, and as a result, his thumb came into contact with it.

He said he went to the hospital quickly, but his thumb was too damaged, and it had to be amputated to avoid the risk of infection. Later, Daniel noted that he filed his workers' compensation claim as soon as he could, even though his boss warned him against it.

After a few days, the insurance company notified him that they could only pay a $10,000 compensation, and not a penny more. Daniel knew that it wouldn't be enough to pay for his medical bills, so he decided to contact an attorney.

  1. How did the client find you?

 At first, Daniel contacted us through our website. We answered some of his questions through virtual chat, and then he decided to call us for a free consultation.

During the consultation, we answered all of his questions about the workers' compensation process. Almost immediately Daniel decided that we were the ones to solve his situation, and I have been personally handling his case ever since.

He told me about the settlement he had been offered and asked me if he should accept it. I told him that it was a terrible idea and that his injuries warranted much higher compensation.

  1. Was it hard to negotiate with the insurance company?

I've worked with many similar cases over the years, and thanks to that I know most of the tactic’s insurance companies use to save themselves as much money as possible. However, that doesn't mean this case was easy. I would describe it as a very complex situation. I think it put to the test all the experience I have gained through years of legal practice.

First, we gathered all the available evidence and prepared a compelling case. We made it clear from the get-go that we were not going to accept a bare-bones monetary settlement, our goal was for Daniel to get the maximum compensation possible.

The insurance company refused to offer any more money for weeks. We threatened them with taking the case to court, and that's when they were willing to negotiate. Still, it took us a couple of months to get them to agree to our demands.

  1. How good was the settlement you secured? 

Given the circumstances, I think it was very favorable for Daniel. We managed to get 10 times more than he had been offered originally. Besides, it was more than enough to cover his lost wages and medical expenses. It was difficult, but we managed to work it all out in the end.

  1. What’s the first thing someone should do after a work injury?

 After sustaining a work injury, the first thing you should do is seek medical attention as soon as possible; nothing is more important than your health.

Then, if you want to make sure you receive maximum compensation, the best thing to do is contact a workers' compensation attorney near you to handle everything.

Here at C&B Law Group, we are always ready to help. We offer free consultations, so you can contact us anytime.

C&B Law Group is a law firm that specializes in personal injury, labor law, and workers' compensation cases. Their track record of success corroborates their commitment to excellence. During the last year, they have recovered over $7 million for their clients.

If you need help with your workers' compensation case, consider C&B Law Group as your first choice, you probably won't regret it.

Their team is available 24/7 to answer all your questions, and they offer free initial consultations.

Also, they have an impressive philosophy: "you don't pay unless we win", so by working with them you have nothing to lose, but yet have everything to gain.

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Uncategorized https://www.pdjlawfirm.org/blog/top-rated-workers-compensation-attorney-in-los-angeles-won-a-115k-settlement-for-a-thumb-injury/ https://www.pdjlawfirm.org/blog/top-rated-workers-compensation-attorney-in-los-angeles-won-a-115k-settlement-for-a-thumb-injury/ Editor Tue, 29 Sep 2020 02:35:05 -0400
Why You Should Become a Remote Online Notary Are you looking for new opportunities as a notary public? Whether you’re newly licensed or an experienced veteran, you can find new ways to help people sign and notarize their most important documents. The best way to move your career forward is to become an online notary.

Why You Should Become an Online Notary

The future is digital, and notaries are following that trend. Many states now authorize virtual, digital notarization. Others are considering passing similar legislation as the COVID-19 epidemic forces us to maintain social distancing. It’s entirely possible that online notary services will become an industry standard. Traditional, walk-in notary services will soon be outdated.

As a notary, you can join the trend now. Get started with online work to ensure you have a solid future in this industry.

Are You Ready to Advance In Your Notary Career?

Although the coronavirus pandemic has forced everyone to maintain their distance from each other, some activities can’t be halted. Life’s events continue to happen. People continue to need notarized, signed documents that include contracts, deeds, mortgages, living trusts, powers of attorney, medical powers of attorney, wills and more.

Think about people in nursing homes or rehabilitation centers. The law requires properly authorized, notarized signatures for things like living wills and powers of attorney. With social distancing rules in place, it’s impossible for these people to get the proper authorization for their documents.

What about people buying homes or starting businesses? They’re also prevented from moving forward by social distancing rules.

As a notary, you can expand your services by offering people the option of online notary services. When you become an online notary, you provide an invaluable service. Doing so is also an excellent way to expand your notary business.

Take the Next Step: Become an Online Notary

Follow these steps to start planning your future as a remote online notary.

Check your state regulations. The first step is to discover if your state permits remote online notarization. If it does, you can move forward.

You will have to find out what your state’s requirements are. Some states require you to get specific training. Check with the regulatory board that issued your notary license.

Choose a notarization platform. If you’re offering online notary services, you must use a platform that meets your state’s requirements for security and safety. These are very high standards, and you must be sure you’re using an approved vendor.

Purchase a surety bond and insurance. You may need a a surety bond to cover remote online work. Check with your E&O insurance company to ensure you’re covered for online notary services. If you’re not, you may need a new policy or a new rider.

Get a digital seal and certificates. You will need a digital seal and certificates to affix to online documents.

Set up a digital journal. You need a notary journal for traditional notarizations. You also need an online journal to record your digital transactions.

Tell your clients. Let your notary clients know you can now provide virtual services. They’ll be happy to have the option.

Start notarizing documents. If you’ve signed up with a full-service platform, you’ll have everything you need to start working immediately. You can register one day and start working the next. Some include a digital journal and storage for your documents.

Benefits of Becoming a Remote Online Notary

Performing online notarizations has many benefits for you and your client. As a remote notary, you can:

  • Work from home.
  • Create your own schedule.
  • Earn a side income.
  • Save money and time.
  • Expand your offerings to clients.
  • Get new clients through your online platform.
  • Continue working despite the COVID-19 lockdown.
  • Prepare yourself for the future of notarization.

How to Take Your Practice Online

Are you ready to join the future of the notary industry? Becoming an online remote notary allows you to meet the needs of your clients and serve new clients without the hassle or expense of driving all over town. Once the pandemic-related regulations are no longer in effect, you’ll be able to notarize documents online and in person.

If your notary public license is in good standing, you’re eligible to become a remote online notary. Start by learning your state’s regulations. Start building your future in the digital world.

What Tools Do You Need?

You need access to a computer with a webcam, microphone and a secure connection. Your computer must have two-way audio and video capability. Your platform must meet your state’s approval.

The Easiest Way to Get Started

The easiest way to make the transition to online work is through a full-service notarization platform. A platform like OneNotary offers:

  • Government-approved security protocols.
  • Free digital journal.
  • Free storage space.
  • Free registration.
  • No fees or transaction costs.
  • Clients in your state who need notarizations.
  • An easy-to-use, intuitive interface.
  • Excellent payment rates.
  • Ability to start earning immediately.

If you’re serious about your future as a notary public, it’s time to get on board with a digital platform. Sign up with a notarization platform that makes it fast and easy. Your future will look a lot brighter.

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Uncategorized https://www.pdjlawfirm.org/blog/why-you-should-become-a-remote-online-notary/ https://www.pdjlawfirm.org/blog/why-you-should-become-a-remote-online-notary/ Editor Tue, 01 Sep 2020 06:14:27 -0400
Importance Of Legal Advice In Family Problems (Legal Advice) The cases of the family law cases may be fond of solving their problems by themselves but some very acute problems lead to immediate actions. They may include the usage of the power to get across the message or to mutilate the family bonding. Some situations do not need the intervention of the lawyers because of them being too petty. Regardless of what comes to the representing files, there needs to be a major setback on where the clauses need to be solved. For instance, in cases like that of the parenting and gaining rights over children, or guardian ownership. All such laws should be held accountable for letting the legal advice to fall into the place. This article sheds light importance of legal advice in family problems.

Family issues

There is a considerable amount of time that needs to be dealt with by the family-related issue by the legal expert. This area will have to be covered with emotional intelligence. There is access to the lawfully acceptable policies that cures to the responsibility. The available funding will have to be based on the circumstances and what is expected by the guardians. The merit list will have to be legalized and the things that will receive a greater chunk need to go in the favor of the client fighting for the family cause.

Expedites the project

There are many limited projects that need pilot running and this is why there will have to be a need for constant representation There needs to have a difference of opinion for the preservation of family property. The legal advice will have to be divided very carefully. The claims of the trauma will have to be distributed evenly and the legal abuses shall be kept away while resolving court-related harassment orders.

Curating multiple needs

The independent nature of the legal advice needs to be tackled with great care when family problems reach a peak. There will have to be greater sanction for community-based organizations which will follow the casework for the extended information. The range of services provided might vary depending on the type of community it is being given to. There are some family groups who are targeted and gets vulnerable with time. The assistance that follows is far greater than the individuals who fall victim to the wrong advice. This may include cases like family violence and property issues.

Registration for domestic Violence

This kind of abuse is highly common for the people in Europe and the United States of America according to the survey held by Preston University. The reasons can diverse and there are no legal social rules that may help to reduce the violence on the face of abuse faced by people of regular consultation. The authorizations committee needs to be protected in every way so they may pave way for the protection of service centers. The immediate causes may fall into the dangerous case as the information in which the partner files reach the other party. In this case, legal advice is high of use.

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Uncategorized https://www.pdjlawfirm.org/blog/importance-of-legal-advice-in-family-problems-legal-advice/ https://www.pdjlawfirm.org/blog/importance-of-legal-advice-in-family-problems-legal-advice/ Editor Thu, 23 Jul 2020 10:20:21 -0400
Reasons Why Most Workplace Harassment Goes Unreported 94% of all those who face discrimination do not take action. Here’s why and how to take action.

Despite being prohibited by both federal and state laws, workplace discrimination remains a pervasive issue in the American workplace, with hundreds of thousands of complaints filed every year here in the United States. The victims of harassment or discrimination may be denied employment, benefits, earnings, and their dignity. Employers potentially face higher turnover rates and thousands of dollars in litigation costs. This is why everyone has a role to play in ending workplace discrimination and harassment.

So why do so many instances of discrimination go unreported? What should you do if you are discriminated against or harassed at work?

It can happen to anyone, at any time.

Discrimination can happen to anyone, and for a variety of reasons. Federal law protects employers from discriminating against current or prospective employees based on a number of factors, including race, religion, age, disabilities, sex, veteran status, and more.

Many prevalent forms of discrimination and bias occur during the interview and hiring process. This includes asking illegal interview questions or unlawfully refusing to hire an individual based on an actual or perceived disability. 

Once hired, discrimination can also impact promotion and pay decisions. Workplace discrimination is a category far broader than harassment. It can manifest itself in the way your coworkers and supervisors treat you on a day-to-day basis.

Many incidents of discrimination go unreported.

According to data from the U.S. Equal Employment Opportunity Commission (EEOC), a vast majority of discriminatory actions are never reported. In fact, the commission believes that upwards of 94% of all those who face discrimination do not take action. This is due to a number of factors:

  • Normalization: In a discriminatory workplace, unlawful behaviors become “normalized,” and affected employees often feel immense peer pressure—whether implicit or implied—to conform to a toxic work environment instead of standing up for their dignity and rights.
  • Retaliation: Federal and state laws are very clear that any retaliation against an employee for reporting discrimination is illegal. Despite this, many victims still worry about the consequences of speaking out and taking action. Paired with the normalization effect, fear of retaliation prevents many from reporting incidents of discrimination or harassment.
  • Confusion: An employee who has been discriminated against or harassed may not know who they can trust or speak to about the incident—especially if the discrimination is coming from a superior or someone in a position of authority. From both large corporations with larger HR offices to small businesses with no formal HR team, employees can face confusion and uncertainty about how to move forward.

Discrimination victims have rights.

When it comes to discrimination and harassment, it’s important that you assert your legal rights and take action. When you have been discriminated against, you should:

  • File a complaint: Use the appropriate channel through your workplace to file a discrimination complaint. Take careful notes or screenshots of all the interactions you have with your company’s human resources team and your supervisors. In a best-case scenario, your company will take appropriate, quick action to remedy the situation and address your concerns in a meaningful way. If not, you need to reach out to an attorney.
  • Speak with an attorney: Find a local attorney with a background in employment law and workplace discrimination cases. A qualified attorney can lay out your options and help guide you through the complaint and reporting process. Depending on the state in which you live, a formal complaint to the EEOC and a state body may be required before a lawsuit can be filed.

To learn more about workplace discrimination and how you can take action to protect yourself from unlawful discrimination by your employer, supervisor, or coworkers, take a look at this infographic sent to us by Blair & Ramirez LLP, an employment law attorney in Los Angeles. It breaks down the various forms of discrimination and outlines how victims can assert their rights under the law.

“What
Created by Blair & Ramirez LLP

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Uncategorized https://www.pdjlawfirm.org/blog/reasons-why-most-workplace-harassment-goes-unreported/ https://www.pdjlawfirm.org/blog/reasons-why-most-workplace-harassment-goes-unreported/ Editor Mon, 30 Mar 2020 10:14:29 -0400
Save Your Estate for Your Heirs: Avoid These Probate Issues

All estates must go through the probate process. Probate is the legal process of determining if a will is valid, paying any qualifying debt and estate taxes, and distributing whatever assets remain.

It is potentially a very complicated legal process, and an attorney should be involved in any estate planning activities.

Using these strategies will help you design your estate to avoid some common challenges of the probate process and save you money:

  1. Have a valid will. Probate can last up to a year in many cases; typically this is due to a protracted process of validating the will. Probate is a legal process, so the longer it takes, the more money the attorneys make. Be sure to draw up your will with an attorney and review it annually for anything that needs to be addressed.
  2. Avoid having your assets pass through probate.
  • Create one or more trusts. Assets and property within a properly drafted trust avoid the probate process. They are simply transferred to the beneficiaries of the trust. This also has the effect of providing greater protection of the assets from creditors.
  • Name beneficiaries for your 401(k) account. This will allow the account to avoid having to pass through the probate process. Again, this can provide protection from creditors.
  • Name beneficiaries for your IRA. As with the 401(k), naming at least one beneficiary will avoid probate and can shield the assets from creditors. Just call your IRA firm and they can help you out.
  • Name beneficiaries on your life insurance policies. This is the same situation as above. If you don't name a beneficiary, then the proceeds are simply paid to your estate and must pass through probate, increasing the attorney's fees. Be sure to name your beneficiaries!
  • Own Assets Jointly. This can include almost anything: real estate, vehicles, stocks, and more. A jointly owned asset is passed onto the survivor automatically.

    • Your bank account can have a paid-on-death designation (P.O.D.), and brokerage accounts can have a transfer-on-death (T.O.D.) designation, allowing ownership of the accounts to pass directly to the beneficiaries upon your death.

  • Give it away: You can gift your assets to anyone you choose, each year, up to a specific amount, tax-free. As of 2011, you can give as many people as you want a gift up to $13,000 without having to worry about paying taxes on the gift.

    • Also, the tax only kicks in after you have gifted a total of $1 million over your lifetime. Any gifts that do not exceed $13,000 do not count towards the $1 million limit. Interestingly, it is the gift-giver that is responsible for paying the tax, if any.
    • This reduces the amount of your estate and will lower the probate costs, since they are typically based upon the total value of the estate. See your tax preparer for more information.

Except for certain circumstances, assets that avoid probate are still subject to federal estate taxes, including those assets held in living trusts. A good estate tax attorney can guide you through this maze so that probate expenses will impact your family as little as possible.

The real enemies in the probate process are lack of planning and failure to utilize all the available options. Having your will prepared properly will eliminate the amount of time your estate spends in the probate process. In the legal world, time is very expensive. You don't want the attorneys to get your money instead of your heirs.

By properly planning your estate with the appropriate financial and legal professionals, you can maximize the amount of your estate that passes to your family, friends, and charitable organizations. The unfortunate alternative is that more of your estate will pass to your creditors, various attorneys, and the legal system.

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Uncategorized https://www.pdjlawfirm.org/blog/save-your-estate-for-your-heirs-avoid-these-probate-issues/ https://www.pdjlawfirm.org/blog/save-your-estate-for-your-heirs-avoid-these-probate-issues/ Editor Tue, 04 Feb 2020 23:49:31 -0500
LSAT Tips That You Should Know

If you are going to take the LSAT test, make sure you spend enough time getting ready for the test. This will help you get a better idea of your strengths and weaknesses. Moreover, you will be able to focus your efforts on areas that need most of your attention. After all, it's not a good idea to spend 15 minutes on a question that you know you will get wrong no matter what. Therefore, you may want to know your strengths and weaknesses beforehand. Given below are some LSAT tips that can help you.

Practice

If you want to achieve excellence, you must practice. If you set aside plenty of time to practice, it will help you prepare for the test. Also, you can use this opportunity in order to identify areas that you need to work on.

There is no harm in Guessing

You don't have to be afraid when it comes to guessing. The reason is that there is no penalty for wrong answers. Therefore, it's a good idea to answer all the questions. If you are not sure about an answer, you should forget the options that you are sure are incorrect. Then you should guess between the rest of the options.

Logical Reasoning

There are three components of arguments: evidence, assumptions, and conclusions. And the primary point of the argument is the conclusion. Therefore, it's backed by unstated assumptions and stated evidence.

You should try to understand the argument structure, which will help you choose the right answer. You should read the question stem before you attempt a question.

Analytical Reasoning

On the LSAT test, the majority of logic games are of three varieties: hybrid, grouping or sequencing games. The game rules tell how the objects should be placed in order in a sequencing game. In a grouping game, you learn how to put the objects in a group. And in a hybrid game, elements of grouping and sequencing are incorporated.

What you should do is understand the information provided for the games on the LSAT. You should have a strong understanding of the rules and conditions before you answer the questions. Before you attempt the questions, you should make some general conclusions as well.

Most of the questions have one or more assumptions and require you to determine the final conclusion. Actually, what you should do is understand the current game rules and the way they interact with new rules.

Reading Comprehension

You should answer the questions on the basis of the information provided in the given passage. There is no need to show your knowledge about a certain topic. As a matter of fact, assumptions may cause you to give an incorrect answer.

Also, you should take it easy when it comes to memorizing facts. The majority of questions involve inferences, details, and ideas. Make sure you look for them when reading the given passage.

Writing Sample

Before you start writing, don't forget to collect your thoughts. They will judge your writing sample based on its clarity.

So, these are some tips that can help you prepare for your LSAT test.

If you are looking for a tutor to help you prepare for your LSAT test, we suggest that you hire the services of Jon Paul Tutor.

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Do's and Don'ts When You Can't Afford Child Support Payments?

Child support and custody is a serious topic that can be complicated and exhausting for both the parties involved in it. Things can get rough when you can't afford child support and do not want to be separated from your child. If you find yourself in such a crisis, here is what you need to know.

How long does the child support last?

The law requires you to make child support payments until the following conditions occur:

• Your child is no longer considered a minor and turns 18. This regulation is subject to change in case the child has special needs.

• Your child joins the military.

• Your child marries or registers a domestic partnership.

• Your parental rights are terminated because of adoption or any other specific legal procedure.

• Your child is emancipated or dies.

Now, as you know about child support and how long it can last, here is what to do and what not to do when you cannot afford to pay child support.

The Do's

Ask for official payment modification: In any circumstances, like losing your job, you find losing the custody of your child if you are unable to support them, then here is the first thing you should do. Contact the authorities of child support services and explain your situation. If they find your case legitimate, they will ask you to apply for official payment modification.

You will need to fill a legal document stating what conditions have changed for you, as well as your current savings and other information regarding your income. If the authorities find your case credible enough, they can work out a temporary payment plan for you.

Communicate with your ex-spouse who has child custody: Regardless of the relationship you have with your ex-spouse, it is necessary to speak openly with them about the situation. It can help you avoid a legal situation or further arguments or fights in front of the child.

The Don'ts

Do not hide away or stay quiet about your situation: If you lose your job or your current income is not enough to support your child, do not hide your situation from the authorities. Childcare authorities will find out if you miss payments and provide zero explanation. If you have not talked or lied about your situation, the authorities will not let your child live with you. You will not be able to apply for an official payment modification for your child.

Do not miss your court hearing: If you have missed continual child support payments, it's likely that the court will call you or request your presence. Regardless of how overwhelming and scary, the situation seems, you must go to court on the date requested. Not visiting the court will further weaken your case and land you more trouble. They may even consider you an irresponsible parent, which is the last thing you would want to happen.

Do not defame the custodial parent: When you are unable to support your child financially, your case weakens naturally. Defaming your ex-spouse in the court or blaming them for something they did not do is not a good idea to make your case strong. It's especially important that you do not defame or badmouth them in front of your child.

Wrapping Up: It is a very painful experience for any father when he is unable to support his child financially. To save yourself from legal proceedings or to make the legal process less painful, you must inform the authorities and be truthful about your situation. Moreover, you should be open and respectful to your ex-spouse during the whole procedure so that you both can come up with a resolution that benefits that child and puts him or her first.

If you are looking for child custody attorney, visit Davocacy

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Uncategorized https://www.pdjlawfirm.org/blog/dos-and-donts-when-you-cant-afford-child-support-payments/ https://www.pdjlawfirm.org/blog/dos-and-donts-when-you-cant-afford-child-support-payments/ Editor Sat, 21 Dec 2019 16:47:37 -0500
Ready With Your IP Application Filing - Consider These Three Parameters

While doing research and development, we often found some creative ideas, processes, and concepts that don't exist. As an inventor, you hold the right to enjoy all the benefits of what you have invented and obtaining a patent can provide you the legal protection for that. Since the US patent law changed to first-to-file system from first-to-invent in 2013, so you need to be very quick in IP application filing.

The patenting process is quite complex and time-consuming, and includes various phases like IP application filing, drafting, drawing, office actions, and management.

Before you hire a patent agent to prepare the required documents for the process, you should do homework; what are the key features of your invention, how to monetize it, market research to analyze customers' needs, competitors' activities, etc.

Here are the important three parameters you should work on when filing an IP application:

1. Prior art search:

A general rule of obtaining patent is your invention should be unique and novel. So, it is better to check patentability of your invention before/during the patent application filing process rather than getting rejection from the intellectual property office later on. You can search for the prior arts in the country/region you want to get IP protection, and find out if its features meet the required IP uniqueness standards.

2. Market Mapping and Landscape Analysis:

Competition is one of the main barriers to success. There might be companies already practicing in the areas your invention belongs to, and you should do complete research about them. Market mapping and landscape analysis can help you to identify top players, current and upcoming product launches, and recent business deals in the target markets of your invention. You can get the information by industry type, revenue, total sales, and other parameters.

"Why market research is necessary at allis the question you might have as an inventor. Well, according to an article published in HubSpot, Firms that regularly research their client markets (at least quarterly) grow more than ten times faster than firms that don't conduct research. However, market analysis not only promotes business growth, but, accelerate profits as well.

According to Hinge's report on effects of research on growth and profitability, firms that conducted frequent market research realized 19.9% profitability, whereas firms that did not conduct research reported only 11% profitability.

According to CBInsights "Fail to Meet Market Need" is the No. 1 reason for failure of start-ups, noted in 42% of cases.

3. Technology Landscape:

As your invention is to be brought up in the market one day, you should analyze the high demanding areas, latest and upcoming trends. Spend extra time in knowing if your patent can meet customers' requirements and adapt the changing external environment.

You might remember The Eastman Kodak Company, a leading photographic films and cameras seller, which failed and bankrupt in 2012. The reason for failure was the company's inability to diversify its product lines according to the new digital revolution.

Conclusion

Thus, studying market and technology trends is very important before/during the IP application filing process. It helps you know target markets and audience well, get market-sound claims, develop exclusive patent monetization strategies, and increase your returns on investment.

Scintillation Research and Analytics is a global IP firm that helps individual innovators and businesses in protecting and monetizing their IP assets. The company specializes in exclusive patent application filing, patent search, drafting, drawing, licensing, and management. For more details, please visit their official site https://sraas.com.

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Uncategorized https://www.pdjlawfirm.org/blog/ready-with-your-ip-application-filing-consider-these-three-parameters/ https://www.pdjlawfirm.org/blog/ready-with-your-ip-application-filing-consider-these-three-parameters/ Editor Sat, 09 Nov 2019 23:46:32 -0500
Why Are More People Choosing Divorce Mediation Instead of Court Battles?

Getting divorced is never going to be easy. It's obviously a huge change and it's a representative of a range of emotional and stressful issues which you need to deal with. That doesn't mean that there are no ways to try to improve the ordeal. That's why an increasing contingent of divorcing couples are now turning to divorce mediation as opposed to the more typical courtroom battle. Understanding why sheds light on the trend and may end up changing your own mind, too.

Besides the direct changes to your life as you get divorced, involving everything from your living arrangements and finances and on down the line, the three toughest aspects are generally how much time you spend, how much stress you experience, and how much money you spend. With divorce mediation, it's possible that you reduce all three of these burdens collectively.

Divorce mediation typically offers a swifter resolution than a courtroom case would. You can immediately go to work, so to speak, and produce an outcome, as opposed to waiting for a trial date and dealing with all the preparation and the aftermath. You'll still need to wait for that hearing date to make it official, however, the "work" will have already long been done. When you spend less time in preparation and in court, you also save money too, because you're paying your attorney for less of his or her time.

Both of the above inevitably reduces the stress you're under and your emotional burden during the process. You're also not stressed with what a judge is going to say or rule during the case.

Another huge selling point for divorce mediation is that it puts the power of the outcome in your hands, or more accurately, in the hands of the attorneys representing both parties. When you go in front of a judge and it's entirely up to them how certain matters are handled, you're at risk of essentially losing out on everything that's important to you in the case. It's not unusual for parties to be both shocked and disappointed with how a judge rules during a divorce case.

With divorce mediation though, you get some of that control back. Yes, you'll have to compromise, which likely means surrendering something that matters to you. However, it's on your terms, and you get to advocate for what's most important to you specifically.

Divorce mediation isn't right for every person or every situation. It's also always important to consult with experienced lawyers in your local area who can advise you on your options and what may be best given the specifics of your case. However, there are certainly many positives and benefits which are worth considering.

When you're ready to find a new Maryland divorce attorney, visit the Law Offices of Brandon Bernstein, LLC, at BrandonBernsteinLaw.com. Mr. Bernstein is a 7-time Super Lawyers Rising Stars award winner in Maryland, and his firm is ready to help you with experienced Maryland divorce mediation.

This article does not represent legal advice or an attorney-client relationship. Always consult with an attorney before making any legal or financial decisions.

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Uncategorized https://www.pdjlawfirm.org/blog/why-are-more-people-choosing-divorce-mediation-instead-of-court-battles/ https://www.pdjlawfirm.org/blog/why-are-more-people-choosing-divorce-mediation-instead-of-court-battles/ Editor Mon, 07 Oct 2019 23:45:23 -0400
Know How a Motor Vehicle Accident Lawyer Handles Compensation Claims

Anyone who gets injured in a motor vehicle accident should hire an attorney to help them with their compensation claim. You might wonder why this is necessary. Often the injury happens due to the carelessness of someone else.

When such a situation arises, there could be many kinds of financial losses which the victim and his or her family might incur. He/she will have to deal with medical bills, or other expenses such as the cost of a chiropractor or physiotherapist. They may even have lost wages due to the injury.

In extreme cases such as death, the victim's family may find themselves facing a devastating financial situation. In order to help alleviate some of these difficulties, a Motor Vehicle Accident Lawyer can often assist the victim and their family.

Hiring a motor vehicle accident lawyer soon after an accident is very important as injuries may require extensive rehabilitation. A claim of compensation is the best way to get enough funds to pay all the medical expenses and focus on recovery.

Motor vehicle accident lawyer can deal with even the most complicated auto accident claims. They will investigate the details of the accident to determine if the driver or a third party is responsible for causing the accident. This will help to successfully prove your case and acquire compensation for the injuries.

• A motorcycle accident injury lawyer is the best person to establish a valid claim for compensation. They will handle the entire process from filing the lawsuit to receiving the compensation.

• An attorney who has relevant experience with car accident claims will look out for the best interests of their client. Since the lawyer works on a contingency fee basis, there is no cost to the client until the case is settled. This is indeed very helpful for those people whose financial situations often do not permit access to a lawyer.

• As a layman, you may not know what your rights are under personal injury law. Each case is unique depending upon the circumstances.

In many claims, compensation is determined by attaching a monetary value to life before the injury compared to life after the injury. The value is also dependent upon medical treatment received in order to recuperate from injuries sustained. These are calculated and negotiated by the injured party's lawyer as well as the insurance company's lawyers.

• A car accident attorney will negotiate the best settlement possible on your behalf while the insurance company will always try to settle for a lesser amount than the victims are entitled to.

Ladas Law Firm, P.C. is one of Massachusetts' most experienced law firms specializing in Workers' Compensation Law, Social Security Disability Law, and Personal Injury Law.

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Uncategorized https://www.pdjlawfirm.org/blog/know-how-a-motor-vehicle-accident-lawyer-handles-compensation-claims/ https://www.pdjlawfirm.org/blog/know-how-a-motor-vehicle-accident-lawyer-handles-compensation-claims/ Editor Wed, 04 Sep 2019 23:44:28 -0400
What If Your Child Suffers Clinical Negligence?

Caring for a sick child is a heartbreaking and challenging experience. Any parent or guardian who has had to watch their child suffer will understand just how difficult it is. However, many can rest assured that their child is receiving a high standard of care and treatment that will ultimately help them recover from an injury or illness.

However, what can you do if you are concerned that those treating your child are not carrying out their job to the correct standard?

First of all, it is understandable that as a parent you may be too close to the situation to view it objectively. This is your child and you will find it hard to see anything as good enough or fast enough when it comes to treatment. It is a wise to engage another person, such as a friend, to discuss your concerns with. You should also discuss your concerns calmly with the medical staff treating your child. What you perceive as a low standard of care may be the correct treatment depending on your child's situation.

If, however, you find that you have genuine concerns over the standard of care you child received, to the point that you are considering a claim for negligence then you should discuss those concerns with a legal professional.

In order for a claim to be successful, the standard of care must have fallen below the professional standard in order for it to be considered negligent, it must also have caused your child harm. Harm could be a delayed recovery, or a physical or psychological injury.

BUT WHAT CAN YOU DO?

First of all, if your child is currently undergoing treatment then your main priority should be to make sure that your child gets the care it needs. Your first point of call should be the immediate medical staff treating your child, if this is hospital care then the treating doctors should be spoken to, if this does not resolve your concerns then the hospitals patient liaison team will be your next point of call. They will instruct you and assist you with resolving any concerns you may have.

If your child is receiving another type of care, as an outpatient, e.g.: physiotherapy then you should speak with the provider. If that does not resolve the issue then speak with your child's GP, ask them to refer for a second opinion and relay to them your concerns.

If your child is no longer receiving care, and you have concerns regarding care they received in the past, then discussing such with a legal professional will be the way forward. The legal professional can advise you regarding complaints directly to the source or bringing a potential claim.

BRINGING A CLAIM

If you are looking to bring a negligence claim to the Courts then you can either bring a claim on your child's behalf now, or your child can bring a claim themselves after they turn 18. They have until they turn 21 years old to bring the claim themselves.

If you decide to bring a claim now on your child's behalf, you will be acting for them as their litigation friend. If you would rather not do this yourself but would perhaps like another family member or friend to do this on behalf of your child, then that is also a possibility.

WHO CAN BE A LITIGATION FRIEND?

The court can appoint a variety of people to act as a litigation friends including: -

  • a parent or guardian
  • a family member or friend
  • a solicitor
  • a professional advocate, e.g. an Independent Mental Capacity Advocate (IMCA)
  • a Court of Protection deputy

APPLY TO THE COURT

To apply to be a Litigation friend you will need to fill out a certificate of suitability and make the application to the Court.

When the application is made the Court will check that you, or the person who is applying to be a litigation friend, is suitable. They will make sure that your interests don't conflict with your child's and that you can make decisions about the case in a fair and competent way

CONCLUSION

A sick child is a terrible thing and knowing that they are getting the right standard of care is important. Relaying your concerns to the treating doctors is the crucial first step. If this does not resolve your concerns then you should be contacting either your child's GP or a patient liaison service.

Brining a claim for negligence is not a straight forward process and should be discussed with a legal professional. If you choose to go ahead with a potential claim then you can either act now as a litigation friend or allow your child to bring the claim themselves when they turn 18 years old. They have until their 21st birthday to issue the claim at Court.

Need more information? Check out the link below!

http://www.lawcat.uk

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Uncategorized https://www.pdjlawfirm.org/blog/what-if-your-child-suffers-clinical-negligence/ https://www.pdjlawfirm.org/blog/what-if-your-child-suffers-clinical-negligence/ Editor Fri, 09 Aug 2019 23:37:50 -0400
Electronic ERISA Pension Notifications Proposed by U.S. Department of Labor

Under the DOL's new proposal, employers with ERISA-covered retirement plans would be permitted to use electronic delivery as the default method for furnishing participants with retirement documentation. For participants who prefer a paper copy, they may opt out of their employer's electronic delivery process and receive a physical copy free of charge.

If adopted, the new rules will follow a "notice-and-access" type of electronic delivery. Under this process, participants will receive an e-mail called a "notice of internet" which must include a title and statement, a brief description of the document posted online, the website address where the document is posted, instructions for requesting a free paper copy as well as a statement of the participant's right to opt out of electronic delivery and how to do so, and the administrator's contact information.

The notice of internet must also be written in a way that the average participant would be able to understand it, meaning shorter sentences without legal terminology. Generally, a notice of internet must be sent every time a new document is posted online. However, to prevent "e-mail overload" administrators would be allowed to incorporate other notices into a single notice of internet to send to participants.

Under the DOL's new standards, an administrator would not automatically default a participant into the electronic delivery process without first notifying the participant by paper. In doing so, the participant must also be informed of their right to request and receive paper copies or to opt out of the electronic delivery process altogether.

The proposed delivery system for ERISA notifications resembles the methodology used by the U.S. Securities and Exchange Commission (SEC) to provide investors with disclosure documents. The DOL's proposal is also intended to align with Internal Revenue Service (IRS) rules regarding delivery of retirement disclosures electronically.

The DOL argues that if the proposal is adopted, retirement plan participants will receive continuous-access to retirement documentation, making it convenient and easy for them to access their information at any time. The notice-and-access proposal would also provide participants with notifications, layered or nested information, word/number searching, potentially improved visuals and tutorials, and more.

The DOL is accepting comments on the new proposal through November 22, 2019. The agency will determine if any additional changes are needed once all comments are reviewed.

Background on ERISA Retirement Plans

There are approximately 700,000 private retirement plans that must comply with ERISA requirements. These requirements mean that administrators have to furnish multiple documents per year to participants and beneficiaries using a delivery method that is reasonably calculated to ensure that the recipients get the documents (in-person or first-class mail).

The 2002 Safe Harbor amended the above delivery standards by allowing for electronic delivery; however, there are still concerns above the effectiveness of the 2002 Safe Harbor which some say hinder the broader use of electronic delivery as a default means to deliver retirement documents.

The 2002 Safe Harbor took advantage of developing technology to allow for electronic delivery of certain retirement disclosures. As of now, the 2002 Safe Harbor only applies to two types of retirement plan recipients:

• First, participants who routinely work online; and

• Second, participants who affirmatively consent to receiving documents electronically.

In order to consent, the individual must reasonably demonstrate their ability to access information in an electronic form (e.g., e-mail address, mobile phone number) that will then be used to receive the retirement plan documentation.

ABOUT PENSION AND ERISA EXPERT MARK JOHNSON

Mark Johnson, Ph.D., J.D., is an experienced pension and ERISA expert. As a former ERISA Plan Managing Director and plan fiduciary for a Fortune 500 company, Dr. Johnson has practical knowledge of plan documents as well as an in-depth understanding of ERISA obligations. He works as an expert consultant and witness on 401(k), ESOP and pension fiduciary liability; retiree medical benefit coverage; third party administrator disputes; individual benefit claims; pension benefits in bankruptcy; long term disability benefits; and cash conversion balances. He can be reached at 817-909-0778 or http://www.erisa-benefits.com.

ERISA Benefits Consulting, Inc. by Mark Johnson provides benefit consulting and advisory services and does not engage in the practice of law.

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Uncategorized https://www.pdjlawfirm.org/blog/electronic-erisa-pension-notifications-proposed-by-us-department-of-labor/ https://www.pdjlawfirm.org/blog/electronic-erisa-pension-notifications-proposed-by-us-department-of-labor/ Editor Mon, 08 Jul 2019 23:36:36 -0400
Health and Welfare Powers of Attorney

A Power of Attorney is a document that allows you to nominate another person to assist you in some capacity. It empowers that individual and gives them a legal standing in your stead.

In England there are three different types of Power of Attorney, General, Lasting for Finances and Lasting for Health and Welfare.

In a nutshell a General Power of Attorney is for people who retain mental capacity, meaning you still have your mental faculties, but are incapacitated through another means, such as going abroad or being in hospital for an extended period. The General Power of Attorney could empower another individual to manage your finances while you are unable, or to manage your business, it's a very flexible document and can be drafted to cover most eventualities.

A Lasting Power of Attorney, either for Finances or Health and Welfare is to be used when you lose your mental capacity, either through dementia, accident or injury. It allows your nominated attorneys to manage your affairs for you when you are no longer capable of making decisions.

This article will focus on the Lasting Power for Health and Welfare.

In a Nutshell

This document is different to the financial Power, as it focuses on the wellbeing of the donor, the person who made the Power. There is a great deal of responsibility for the nominated attorney, so you must make sure that you nominate someone you trust and who is able to make these kinds of decisions on your behalf.

What Decisions can the Attorney Make

The nominated attorney will make very personal decisions regarding your care and wellbeing, including but not limited to: -

  • Your daily routine, such as washing, dressing and eating
  • Your medical care
  • Where you might live if it becomes necessary for you to move out of your home
They will also be able to approach the person you have nominated to take care of your finances (unless they are the same person) and ask for funds to maintain or improve your current quality of life. They are permitted to spend money in this manner provided it is for your benefit. Examples of what they can purchase include but are not limited to: -
  • New clothes for you
  • Self-care for you, such as hairdressing, or spa treatments
  • Decorating or improving your home or room in a care home
  • Additional support, such as carers to help you improve your lifestyle and go out more, for example to visit friends or relatives or to go on holiday
Decisions Regarding Hospital Treatment

They might (it is up to you) also have power to make decisions regarding hospital treatment. This can include requesting certain treatments or refusing other treatments. However, not all attorneys will have this level of power, it is up to you, the donor, to state if you wish them to have the power to make these decisions.

You do not have to give your attorneys this level of responsibility, you could draft a living will that expresses your wishes as an alternative.

A Living Will

A Living Will is a legal statement from you, the donor, regarding which medical treatments you either want or don't want.

Restrictions on What Attorneys Can and Cannot Do

Making a Lasting Power of Attorney for Health and Welfare can be a daunting experience, it can be worrying to give someone else a level of responsibility over your affairs.

However, you should be reassured that attorneys cannot simply take the power given to them and run with it, there are restrictions on what they can and cannot do. These restrictions come from two places, the Court of Protection and you.

The Court of Protection is in place to prevent attorneys taking advantage of vulnerable people. They regulate attorneys and act if one acts in such a way that it hurts the donor or is not in their best interest.

You have the power to restrict your attorneys through the Lasting Power of Attorney document. You can list the types of responsibility you want the attorneys to have or not have, as the case may be. For example, if you want your attorneys to be able to make decisions for you regarding clothing and day-to-day care but not on where you live, then you can list this on the document and the attorneys will have no say in where you live should you need to move out of your current home.

You can also provide guidance on how you want decisions on your behalf to be made. If you have nominated more than one attorney you can have them act jointly, where they all must agree or severally where they can make decisions individually. Or you can place restrictions stating that they can make decisions as individuals for somethings, but must all agree for others. An example being,

Bob and Margaret are Attorneys for their Mum Janet. Bob lives with Janet and makes many decisions such as what clothes Janet will wear and what they will eat that day. Bob is going away on a business trip for a couple of weeks and Janet needs to go into a hospital for respite care while Bob is away. Under the Power of Attorney that Janet set up Bob and Margaret must both agree which hospital would be best for Janet to stay in. Bob cannot make this decision alone.

Conclusion

Health and Welfare Powers are important and allow you to nominate people you trust to help take care of you should you ever need it. They are only used when mental capacity is lost and allow the attorneys to make decisions regarding the physical and mental wellbeing of the donor. There are many restrictions on how these attorneys can act, some put in place and enforced by the Court of Protection, others can be put in place by the Donor.

Need more information? Check out the link below!

http://www.lawcat.uk

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Uncategorized https://www.pdjlawfirm.org/blog/health-and-welfare-powers-of-attorney/ https://www.pdjlawfirm.org/blog/health-and-welfare-powers-of-attorney/ Editor Tue, 04 Jun 2019 23:35:18 -0400
Why Heirs Should Use Advance Inheritance Funds

Inheritance cash advances provides financial support to heirs entitled to assets found locked until the probate process is over. Assets can consist of real estate, financial holdings, businesses, automobiles, and personal belongings such as jewelry, household items, antiques, art work or vehicles. There are many reasons why an heir would consider loan against inheritance a good solution. Find out the top reasons to select this payment option and skip waiting for probate.

These funds can be used in any way the heir desires. There are many cases when the deceased person leaves behind expensive medical bills. And when the deceased was the only income source, things get pretty complicated for the remaining dependents. Furthermore, many persons do not pre-arrange their funeral or have life insurance policies to cover funeral expenses. For example, if you are around 40-50 years old, you do not really think that you could die tomorrow and leave your loved one in debts. Probably you're not even considering writing a will. Because of that, it is not uncommon for heirs to sell assets in order to cover burial expenses or pay off debts associated with the estate.

Most of the heir confront with debts, medical expenses, funeral expenses and attorney fees. By obtaining inheritance advances, heirs can obtain cash within a matter of weeks instead of waiting for completion of the probate process.
Skipping the probate process is another big reason why heirs are eager to get loan against inheritance. The probate is an extremely complicated and lengthy process, especially if there are many beneficiaries involved. It can take from a couple of months to even several years. And clearly, not so many people are thrilled when hearing that they have to wait some years until getting something that's rightfully theirs.

It becomes obvious that selling the inheritance rights to a company can provide the much-needed money. The company can wait until it reaps the financial advantages of the inheritance.

In order to qualify for this type of loan, an heir must provide proof of inheritance. Also, the company may be required to bring the following: Petition for Probate, and Inventory and Appraisement Statement. If real estate is being used as collateral, the funding source typically requires a copy of the sales contract or listing agreement. Furthermore, you may be asked to show a current credit report. The company will check if you have any outstanding tax or creditor liens, pending bankruptcy or legal matters that would compromise your loan advance request.

If you are looking to borrow against inheritance, you should check our company and schedule a meeting. Visit our website!

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Uncategorized https://www.pdjlawfirm.org/blog/why-heirs-should-use-advance-inheritance-funds/ https://www.pdjlawfirm.org/blog/why-heirs-should-use-advance-inheritance-funds/ Editor Sat, 04 May 2019 23:34:17 -0400
Some Basics About the Migration Trend

Migration is one of the influencing factors that change our lives. And apparently migration is a trend that will continue to influence our lives. Migration is an important drive for change. People that migrate will have to deal with change. But in this case, the migration trend will change (all) our lives. In fact it already does affect us in many ways.

Employment opportunities and better education standards are important pull factors for immigration.

Emigration and immigration are in some cases required in specific contracts of employment. Religious teachers, representatives of worldwide corporations, universal nongovernmental associations and diplomatic officers are required to work abroad. They are frequently alluded to as "Expatriates ".

• Placement and Immigration

The job of a recruitment agency is to match talent to available job positions. The recruiters work on behalf of employers and have to adhere to their requirements. Typically, it is easier for employers to hire local workers. However, there are exceptions to this rule. Most often, foreign workers are considered for a particular type of job for one of two reasons. The first one is the lack of local employment seekers with the required professional skills and experience. The second one is the lack of interest of local job seekers in the position. This is a great way to explore different lifestyles and cultures and to gain valuable work experience. Besides, you can have better chances of earning a higher salary and advancing in your career.

• Studying Abroad

An abroad country is alluded to as by numerous as outstanding amongst other place one can look to migrate to, to live in, travel or study. It is an exceptionally strong and viable choice for anybody looking to travel for any reason because of its hospitality, the services and the way of life. However, one principle reason that will attract young adults and students is its educational facilities. In abroad you got a great scope of colleges, schools which offers shifted streams and courses to suit the masses. Numerous individuals consistently move to and remain in abroad nations for the sole reason for education, learning skills from their preferred courses. They end up availing the services of good study visa consultants before they do so.

Studying in any country abroad in today's age isn't like what it used to be decades ago. Students presently have different roads that can enable them to reach abroad, get enlisted in an appropriate course and significantly more. They additionally have the most reason to think about abroad because of the system of education they have in own country. The education framework is exceedingly competitive, and every year it deteriorates with higher shorts and with quantities or reservations for seats. A promising student may consequently, miss out on proper education solely on either of these two factors.

John Milton is a visa consultant, he is working for A V Immigration and Careers Consultancy Pvt. Ltd about Immigration and visa services. To learn more about that visit https://apexvisas.com/ and Find us on: https://www.facebook.com/avimmigration/

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Uncategorized https://www.pdjlawfirm.org/blog/some-basics-about-the-migration-trend/ https://www.pdjlawfirm.org/blog/some-basics-about-the-migration-trend/ Editor Sun, 07 Apr 2019 23:32:34 -0400
Documents Required for LLP Registration

Limited Liability Partnership is a new form of business and a really convenient form of business. It is more advantageous for the small business firms and the start-up's to start or carry out their business with the least risk and convenience. This is the form of business which carries the benefit of Limited Liability like a Company as well as achieves the flexibility of the general Partnership. Moreover, the LLP incorporation procedure is not a complex process if everything is done accurately as per the given law and by providing the detailed documents to the RoC- Registrar of Companies.

Hence one shall be aware and careful about the documents required for Incorporation of a Company. List of documents required are mentioned and discussed below:

For the registration of the LLP the Designated Partners needs the following documents:

Required documents for Incorporation:

Documents required can be bifurcated into two parts. Namely:

  1. In respect of Designated Partners
  2. In respect of Registered Office
In respect of Designated Partners

A person being Indian National or a Foreign National can be a designated partner or partner of a Limited Liability Partnership. Documents required are listed below respectively:

The Indian Nationals:

The Indian Nationals will require these documents:

1. PAN Card: (Self-attested by Designated Partner or Partner)

The PAN card copy is a mandatory document for the Incorporation where the Name written in the PAN card will be taken as the name for identity proof thus it is necessary to keep the PAN Card up-to-date (in case of change of name, or marriage) at the time of submitting the documents. In case there is any error in the PAN Card then the process will get stuck.

2. Voter's ID/ Passport/ Driver's License: (Self-attested by Designated Partner or Partner)

Any of the above mentioned proofs can be attached with the documents and these proofs should contain the name and details similar to the name and details stated in the PAN Card, in case they are not so then one should get them rectified before submitting them to the RoC. The above mentioned documents can be used as address proof of the Designated Partner's current address. The documents like Election Card, Ration card, Adhaar Card etc. can also be provided here as proof.

3. Scanned copy of Latest Bank Statement/Telephone or Mobile Bill/Electricity or Gas Bill: (Self-attested by Designated Partner or Partner)

The bills which are to be attached as resident proof and should be latest or recent which can be 2-3 months old and not more than that so as to get accepted. It should contain the name of the Designated Partner as stated under the PAN Card.

4. Scanned copy of passport-sized photograph

The Foreign Nationals:

1. Passport:

The passport of the foreign national is mandatory for the Incorporation as it states the identity of the foreign national. The Passport stating the Name and Date of Birth of the Designated Partner should be apostilled and notarised and should be in English Language. (Translated in case the same is in foreign language)

2. Address Proof:

The Designated Partner can attach any of the below mentioned documents as an address proof:

  • Driving Licence
  • Residence Card
  • Bank Statement
  • Government issued form of Identity containing Address
3. Residential Proof:

The Designated Partner can attach any of these documents which are Bank statement or any kinds of bills such as Electricity Bills, Telephone Bills, and Mobile Bills. (Appostilled and notarized document)

In respect of Registered Office Address:

The registered office address proof as mentioned below shall be submitted along with the form filed for Certificate of Incorporation in the name of the Limited Liability Partnership:

  1. The document stating the full address of the property where LLP will be registered such as Electricity Bill/Property Tax Bill/ Telephone Bill etc.
NOC, in case of Rented Property: The no objection certificate along with the valid Rent Agreement by the owners of the Property.

The above mentioned documents are required for the Incorporation of the Limited Liability Partnership with MCA. The documents should be submitted in a proper form, in order to follow the hassle-free Incorporation process. For a faster, easier and transparent process.

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Uncategorized https://www.pdjlawfirm.org/blog/documents-required-for-llp-registration/ https://www.pdjlawfirm.org/blog/documents-required-for-llp-registration/ Editor Mon, 04 Mar 2019 23:30:40 -0500
How to Protect Yourself From Identity Theft After a Loved One's Death

In today's world, people have access to all sorts of innovative gadgets and platforms, which assist them to defraud victims out of money and personal information. In the 2017 Identity Fraud Study released by Javelin Strategy & Research, it was found that virtually 15.4 million shoppers were targets of some kind of identity theft in 2016 alone.

Anyone can become a victim of identity theft and extortion, but unfortunately, it seems that of the most common targets these days are the deceased and their next of kin. This is especially true for widows and widowers. If you have just recently lost your loved one, continue reading to learn some ways to protect yourself from identify theft and other similar types of crimes.

Identify Theft and Obituaries

Obituaries are one of the first places criminals will look to get the personal information they need to steal the deceased's identity. It is possible for these thieves to get a person's address, birthdate, maiden name, place of birth, next of kin names, and much more identifying information. They can use this information to open various accounts, obtain credit, take out loans, and much more. They can even file taxes under the deceased's name and collect an annual refund.

For this reason, it is wise to limit the amount of personal information you submit in your loved one's obituary. Refrain from including sensitive details, like birthdates, addresses, and maiden names. This information is highly useful for criminals. Furthermore, be sure to submit your loved one's death certificate to the proper financial organizations. This includes the IRS, the DMV, banks, brokerages, credit card companies, mortgage companies, and credit officialdoms like Equifax, Experian and TransUnion.

Extortion Scams

Thieves won't just stop at stealing the identity of the deceased, they will often go after the next of kin. A common scam used against the next of kin, especially widows and widowers, is the debt collector con. This is when a criminal with a load of personal information about the deceased and their family contacts the next of kin claiming to be a debt collector. They demand that the next of kin pay the deceased debts, and may even threaten legal action.

Sometimes, instead of claiming there's a debt, they will claim they have vital financial or legal documents, but will only release them for a fee. Tips to avoid this: Never make payments or give personal information over the phone. Also, ask the caller for details about themselves; this usually scares them away. For instance, ask for a name and phone number, and then tell them you will call them back. This frequently works.

Inheritance Scams

Another common scam operated by thieves who prey on the deceased's next of kin is the inheritance scam. A criminal will pose as an insurance agent or lawyer, and claim that you are owed an insurance policy payout or an inheritance. They will tell you that in order to receive it, you will need to first pay the final premium payment or processing fee. If this happens to you, be sure to ask the con artist several details to catch them up and scare them off the phone. If they are legitimate, they will have an office for you to visit and official paperwork to review.

Call N.F. Change Funeral Home at 317-784-3546 to speak with an experienced Indianapolis funeral director you can trust. For over 50 years, their family owned and operated funeral home has provided compassionate and economically-priced funeral services for all races, religions, and ethnicities throughout Indianapolis, Indiana.

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Uncategorized https://www.pdjlawfirm.org/blog/how-to-protect-yourself-from-identity-theft-after-a-loved-ones-death/ https://www.pdjlawfirm.org/blog/how-to-protect-yourself-from-identity-theft-after-a-loved-ones-death/ Editor Wed, 06 Feb 2019 23:28:00 -0500
Should a Private Investigator Carry a Gun?

As a Private Investigator in some countries we are allowed to carry a weapon (gun). There are situations where you can carry a weapon, and the rules about how to go about this change from country to country and even from state to state in various countries. Just to make sure you're being safe and not creating a hazard for anyone in your family, here are some guidelines that can help.

1. Make Sure You're Licensed, Trained, and Properly Permitted.

When you're carrying a weapon for self-defense, you're also carrying a responsibility. Make sure that you've taken all the steps toward getting your paperwork in order so you can carry that weapon with confidence. Also, make sure and get the training you need to be competent in the use of (and when not to use) that weapon.

Taking a simple test is not enough. You need actual practice. If you don't know how to handle your weapon well, whether it's a gun, knife, or anything else, a perpetrator with more practice and confidence than you might well get it away from you or use your lack of knowledge and preparedness against you. Remember that a criminal often has the advantage of surprise attack.

Make sure and go to the range on a very consistent basis and practice until using the weapon is second nature. This can take hundreds, if not thousands, of hours. Also practice taking the weapon apart, cleaning it, and reassembling it until you feel that it's easy. I can't emphasize regular practice enough.

Seek out extra training from people who have experience with weapons in action situations. Some of the best mentors to seek out are police, ex-police, military, or ex-military people, because they have training under all conditions and can put you through various scenarios, just like they do in police academies, where you have to think fast and think right.

2. Don't Be a Hot-Head.

You should never carry a gun for emotional reasons. If you're the type of person who blows up at other people, feels that there are lots of people out to get you, or who has any anger management issues, you might want to seek out training along those lines first. Call it mental agility. To really be effective and safe with weapons, you have to understand what they're for and what they're not for. Emotion should not be a factor in your decisions on how to use the weapon, so make sure you've got some Emotional Intelligence on your side.

3. You'll Probably Never Have to Use It.

Understand that the purpose of carrying a weapon is not to become a vigilante. In fact, most people in the world will never be faced with a weapon used by another person. And when they do, playing it cool will result in no physical violence the vast majority of times. So even if they carried a weapon, the occasion that would require using it would be so rare that most people never would. The best armed person knows the statistics and how rare it is for a weapon to be used.

4. Make Sure You Store Your Weapons Properly.

Guns and ammo should both be locked up when not on your person. And, they should be locked in separate, secure cabinets where children won't be tempted to break the glass and play with the weapons or ammo. Displaying a weapon might also tempt a visitor to steal it, so make sure you are smart when it comes to storing your weapon of choice.

5. Know Verbal Judo.

Statistically, more confrontations are diffused with a favorable outcome by using what police call "Verbal Judo" (www.verbaljudo.com). When weapons are displayed, people get very disturbed and frightened, and those kinds of people are less likely, not more, to use good judgment, including the perpetrators themselves and the victims.

If you have a confrontation with a perpetrator, chances are that the person is not thinking too clearly in the first place. Verbal Judo is a way to get people to comply with requests and behave more rationally, because it puts several choices in front of the perpetrator or suspect and that forces the him or her to think.

Anytime someone slows down enough to think, it becomes very obvious that his or her outcome is dramatically improved by calming himself/herself down and becoming more cooperative.

Verbal judo is a very targeted way of talking that gets very good results, which is why police forces send their officers through the training. Often, it re-frames a potentially deadly situation to a more orderly and cooperative one.

Here are some reasons you should not carry a weapon:

1. Not Enough Practice Time.

You really need hundreds, if not thousands, of hours of practice in a good shooting range to get good with a gun. And you need some scientific and mechanical information about how weapons work as well as the kind of scenario training that officers have to experience in able to wield a weapon sensibly. When you're nervous, and you will be if there's a confrontation, that's when things start to go wrong. So make sure you're very familiar and comfortable with the actual weapon. If you do, you'll lower the chances that you'll ever use one in error.

2. Kids in the House.

If you're living with children, you should know that they're very unpredictable. We know for sure that kids can fool their parents, usually in some fairly harmless ways like sneaking biscuits and getting away with it, but they can sneak the key out of your nightstand and unlock the guns as well. Don't think that just because you've taken measures to ensure their safety, they're not aware of what your methods are and how to undermine them.

3. When Not Helpful During Surprise Attacks.

When someone attacks you or another person, it is usually sudden and surprising. Because of this, you may not have the time to get your weapon out in a useful way. Remember that the criminals often think about and time their surprises to make it difficult for you to get to your weapon before they have you covered. And stealing your weapon can bolster their crimes.

4. When People in Your House are Suffering from Depression.

When people are depressed, they could try anything. Often, you won't know that the person is suffering. Depressives have a way of suffering in silence until they try something rash, and you don't want to be caught unawares. That's because if a person is suicidal, they don't want you to know so you can undermine their attempts to free themselves with a permanent solution.

By writing this list, I am not advocating that you carry a weapon. Most PI's do not carry a weapon because it's generally safer if you don't, and correctional officers working inside prisons do not carry weapons unless they're posted in a locked tower, away from any possible personal contact with inmates. I only hope that by reading this, you will choose safety first whether you carry a weapon or not.

Indonesia Private Investigation Agency (IPIA - http://indonesiadetective.com/) and our sister agency Bali Eye Private Investigation Agency (BEPIA - http://balidetective.com/) are fully registered agencies offering investigation services to the private and business sectors throughout Indonesia and South East Asia.

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Uncategorized https://www.pdjlawfirm.org/blog/should-a-private-investigator-carry-a-gun/ https://www.pdjlawfirm.org/blog/should-a-private-investigator-carry-a-gun/ Editor Wed, 16 Jan 2019 11:00:51 -0500
How to Settle a Court Case

"Money makes the world spin". It's a phrase that we all know very well. Credit cards, alimony, child-support, mortgages, student loans, business loans,... with a current 19 Trillion debt, the United States and its citizens are buried in financial problems. But, there is one thing that most of these aforementioned debts have in common, they can usually be mitigated with "settlements" and/or negotiations. However, in this article I will focus on basic lawsuits and criminal cases.

When we hear the word, "Settlement", images of money are immediately conjured into our minds. Most of the settlements we hear about in the media are for large sums, anywhere from $50K to millions of dollars, often involving celebrities or powerful business moguls. Many people might ask, "If a party knows they are innocent, then why would they agree to settle the case?"

People settle cases for all kinds of reasons:

1. Save on lawyer expenses
2. Avoid public attention
3. Reduce stress/Time in court
4. Reduce risks of harsher sanctions from potentially losing in a trial.

Defendants often settle criminal cases for "plea" bargains. (An admittance of guilt in exchange for a lighter punishment) for similar reasons that defendants agree to settle in civil cases.

Nobody likes being in court! It is costly, time consuming, stressful and can be somewhat intimidating. Whether you are being sued for a credit card debt or facing criminal charges, the potential of being garnished, put in jail, missing time away from work and family, the presence of armed guards, black robed judges, etc... the entire process can be a bit frightening, especially for those who do not spend much time in the courts. (Which is usually most people unless you are a legal professional, police officer, or a habitual criminal.)

When we decide to settle a case, we have to weigh our options. Defendants and Plaintiffs settle for the same reasons believe it or not. If a defendant believes he has a weak defense or is simply fed up with the court process, he is likely to settle, if a plaintiff believes he has a weak argument or he is fed up with the court process, he is likely to settle. Time is money, and people do not like to have their's wasted!

In essence, settlements happen when people come to a conclusion after assessing in their minds a "cost-benefit-analysis". Let us take a look at the perspective from a defendant and plaintiff's point of view in a hypothetical discrimination case.

John sues Corporation-Z for racial discrimination. John has several witnesses who have agreed to testify. Corporation-Z learns that these witnesses with be participating. Corporation-Z believes that John has a good chance at defeating them in court. Corp-Z offers John $10,000 to settle the case out of court. If John were to win the case in court, he would probably sue for much more in damages, however, if John takes the offer, he can save himself attorney fees and months (possibly years) going to court cases.

Although Corp-Z is in a disadvantageous position, they are well-funded and will be able to drag the case on for a long time. John is a simple 9 to 5 employee with very little resources. However, John feels that he has strong evidence and is unwilling to settle for $10,000, he refuses the offer and decides to see it through to the end. Corp-Z offers another amount for $15,000, John still refuses.

Corp-Z files several continuances to drag out the case. John is getting tired.

John later finds out that several of his key witnesses have decided not to testify. John is now getting worried. Corp-Z has not yet learned that the witnesses have backed out. The next court date is in 6 weeks. John must act fast! Due to these new circumstances, his chances to win the case have gotten much lower.

At this point, John has several options:

Contact the defendant and accept their $15,000 settlement offer.
Send the defendant one last counter offer for a higher amount before agreeing to settle.
Rebuild his case, look for new evidence, take the case to trial and potentially win big or end up with nothing if he loses.

Option 1 is the safest- Defendants and Plaintiffs have the option to offer and/or withdraw settlement offers at ANY TIME. In this scenario, the defendant, Corp-Z is likely to accept to settle unless new evidence has been obtained.

Option 2 is a little risky- In this situation, John has learned that his witnesses are refusing to testify. Corp-Z has not yet found out, however, if they do find out, they are very likely to withdraw any offers to settle, as they will be likely to defeat the suit. John can attempt to negotiate one last time to get a higher amount from the defendant, but it will take some time to sort out the particulars, and time is something John doesn't have with a looming court date. The closer the trial date gets, the more likely the defendant is to find out about the witnesses backing out.

Option 3 is highly risky- If the case goes to a trial by jury and John has other evidence besides witness testimony, the jury could still see it his way. If his witnesses are his key pieces of evidence, then he is at high risk for losing. This option would require very careful consideration. If John wins the case through jury, he will likely receive a huge pay-out, if he loses the case, he could end up losing everything or even end up being counter-sued by Corporation-Z.

Factors to consider:

Is John poor? How bad does he need money? If he loses the case, will he still be financially sound? Is he looking for justice or a pay-out? What are his goals in this lawsuit? Is he mentally and emotionally prepared to stay in court for several more months? These are questions John has to ask himself before making a decision on how to proceed.

From the Defendant's perspective:

Corporation-Z is a business and they have a business to run. Handling these legal matters are a huge cost and burden on the operation. Negative publicity can also hurt the business extensively. Even if Corporation-Z discovers that the plaintiff, John, has lost his key witnesses, it still may be beneficial for Corporation-Z to settle. Typically, when settlements occur, non-disclosure agreements must be signed stating that the allegations against the company cannot be publicly discussed. If Corp-Z refuses to settle and defeats John, John may still end up retaining his right to discuss the trial and his allegations to public organizations causing bad press not to mention the extra legal fees it may take to try and sue John later for defamation.

In this situation, if Corp-Z discovers that John has lost his witnesses, Corp-Z can agree to settle, for the same amount previously offered or for a lower amount, (since Z now has bargaining power!) or Corp-Z can withdraw all offers and attempt to win in trial.

Corporate attorneys are famous for their slogan to, "Always settle, settle, settle".

While Corporation-Z has a good chance at defeating John, they may end up spending triple the amount of their settlement offer attempting to defeat the suit, also, Corporation-Z isn't fully aware if John has any other additional evidence that is not yet known. Victory is not always guaranteed. In court, just as in a boxing match, the ability to appear weak when one is strong, and the ability to appear strong when one is weak, is very crucial in the negotiation process of settling a case.

Timing:

Losing a lawsuit that goes to trial can result in dire consequences.

Income garnishments
Loss of employment as a result of being garnished by multiple entities
Loss of public reputation
property being seized
injunctions being placed against yourself or your business
liens being places on your assets
Tax refunds being withheld
Negative credit score
(These are just a few examples)

Some may be tempted to file for Chapter 7 or Chapter 13 bankruptcy in light of being sued for a debt, however, I wouldn't recommend doing so unless your debts exceed $10,000. I'll save that discussion for another article.

Timing is very critical when it comes to successfully mitigating a civil or criminal case. Let's say you owe a credit card company $10,000. Typically, after you default on your loan for more than 90 days, the credit card company will likely sell your debt to a third party collector. A few months to a year later, you are likely to be served with a warrant stating that you are being sued for the amount by the third party debt collector who purchased the debt for pennies on the dollar.

Once the lawsuit is filed, the creditor now has the upper-hand. Since you have essentially ignored all attempts to collect, it is assumed that you are avoiding the debt and do not have the means to pay it back. A smarter decision would have been to inquire about hardship programs or attempt to settle the debt with a partial amount before you were sued. (Always get everything in writing). However, since things have escalated to a court hearing, the creditor now probably believes that they have a great chance to win the case.

When most people owe a debt, they stick their heads in the sand and do nothing. If you are sued for a credit card debt, your goal now is to re-establish your bargaining power! Even if you owe the debt, make them prove it! File an answer to the lawsuit, file a discovery request, ask for continuances! ( I can help you do these things by offering a template to follow.) Once the creditor sees that you aren't going to be like the other 99% of people who don't show up to court and allow for a default judgement, the creditor will be likely willing to settle the debt for a fraction of what they are suing you for.

While you are fighting the lawsuit, whether your intention is to get it dismissed through lack of evidence,lack of itemization or your goal is to settle the debt for a lesser amount, you must act swiftly! If you do intend to settle the debt, be sure to make the number attractive but not too high. If you owe $10,000, offer them 30%, because they are likely to counter back asking for 50%.

If the creditor is not willing to settle and/or you lose the case, enroll in a "slow-pay" program. That's right! If you lose a lawsuit, you can enroll in a "slow-pay" program whereas you may only be paying $20 a month or so to the creditor. (Albeit for a very long time!). Through the slow-pay process, you can pay with a check or money order. In order for the plaintiff (or creditor) to garnish your wages, they have to get an approved garnishment order from a court. If you miss a single-payment through the slow-pay program, some jurisdictions automatically issue a garnishment order because of your lack of ability to keep your promise to pay.

Federal law protects workers from being fired if they are being garnished by a single entity. However, if two or more entities are garnishing you, federal law allows employers to fire you because of the administrative burden your garnishment orders are costing to the company you work for.

Any legal case must be taken seriously whether it be criminal or civil. Even traffic court can cost us! If you ignore a traffic ticket, don't be surprised if you later find out that your drivers license has been revoked! Reinstating a revoked license is time consuming and can cost hundreds, even thousands, depending on the liens placed upon the license.

In many criminal cases, district attorneys will offer "plea deals". This "deal" is basically where you agree to admit guilt in exchange for a lighter punishment. Plea deals can benefit both parties. The district attorney meets his conviction quota, you receive a lighter sentence than you would if you lost your trial, and the process of court is sped up.

Going back to the lessons we learned earlier about, "Appearing strong when you are weak, and to be weak when you are strong", accepting plea deals is an art within itself just as accepting settlements are.

Example:

John is accused of stealing a car. John maintains that he is innocent.

John's witnesses didn't show up to court.

The state offers him a plea deal. Admit guilt and you will only face 6 months in jail.

John refuses! The trial continues

The state is having a hard time presenting evidence against John.

The state offers a new plea deal.

"1 month in jail with 6 months probation."

John again refuses and demands a jury.

The jury hears John's defense and the state's allegations against him.

The jury decides that John is guilty! John will be sentenced to 3 years in prison.

John should have taken the plea deal!

Now, this is a worse case scenario! Just as in our lawsuit example earlier with, "Corporation-Z", many factors come into play.

Let us replay the scenario. This time, John has several alibis and video surveillance of the vehicle being stolen that he managed to find on the internet. The video is low-quality but the suspect appears to have red-hair, John has brown hair!

John challenges the state's claim. The state claims that John merely dyed his hair brown and his alibis are lying about where he was during the alleged carjacking!

John is confident in his defense and refuses all plea deals.

The jury finds John innocent!

Had John taken a plea deal, he would have ruined his record and served time for a crime he never committed! However, the jury could have still convicted him. No matter how confident you feel in your case, always prepare for the unexpected and don't be afraid to appeal if necessary to buy yourself more time.

When to refuse a plea deal or when to take one, is no different than debating on whether or not to take a settlement. Many innocent men and women have taken plea deals for crimes they didn't commit on the advice of their attorney who advised their client that the evidence is just too strong against them; even though they maintain their innocence.

Some defendants value their honor so much, that they resolve to never take a plea deal regardless of the consequences, whereas others make informed decisions in an effort to preserve themselves. In law, there is no "black or white", "right or wrong" choice. Everything is about weighing risks vs rewards. Every situation is completely different.

Who is the judge presiding over this case? Who are the jurors? What state is this case being held in? What do the state laws say? Are you in a liberal state or a conservative state? Does your lawyer have a good reputation or a bad reputation? Are you handling this case pro-se? Do you have any experience with legal matters?

These are all questions that can drastically effect the outcome of a case, or as I call them, "The intangible factors". In your heart, you may know that you are innocent, or feel that your case is valid, however, it isn't always about what you "feel", it's about what you can convincingly present to the courts in conjunction with applicability of the law.

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Contact us today if you need assistance with your legal issues!

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Uncategorized https://www.pdjlawfirm.org/blog/how-to-settle-a-court-case/ https://www.pdjlawfirm.org/blog/how-to-settle-a-court-case/ Editor Tue, 04 Dec 2018 10:59:46 -0500
Why You Should Have a Corporate Lawyer on Staff

Corporations and small businesses are sites of expertise in their own industries. Business executives are highly specialized professionals whose primary focus is on the efficient and profitable management of their businesses. These professionals should be able to devote their time and energy to that purpose-not to worrying about legal issues large and small for their companies. If you are managing a corporation or small business, you should seriously consider keeping a lawyer on retainer or as in-house staff to help you navigate legal matters. Below are a few of the reasons that you should retain a dedicated lawyer who is familiar with your business.

Contracts and other business agreements

Whatever your business, chances are good that you routinely enter and execute contracts with a variety of parties. Typical corporate contracts include sales contracts, leases (real estate and otherwise), supply agreements, and partnership or corporate structure documents. The consequences can be severe if one of these agreements contains an unfavorable or unenforceable provision. While your business staff may be skilled negotiators, a lawyer can review these documents to help protect your company from litigation or other negative effects from unenforceable contracts.

The human resources minefield

Employment law is a complex area of law with radically different requirements for different types of businesses and employees. A general counsel can assist you and your human resources staff with common legal issues surrounding employee leave, benefits, and hiring practices.

Regulatory compliance

Depending on the nature of your business, you may be subject to various regulatory requirements at the local, state, and federal levels. Examples include securities regulation, environmental regulation, campaign finance/political regulation, and intellectual property filings. Since regulatory infractions can result in substantial fines, it is important to remain on top of these ever changing rules. A lawyer can help you identify relevant requirements and complete any necessary filings or reports to the government.

Tax counseling

Your tax liability and responsibility depends in part on the corporate structure of your company. While you should use a certified accountant for tax preparation, a lawyer can assist you with tax planning and counseling to help you minimize your overall tax burden. A lawyer can even help you structure your business at the outset in a way that reduces tax liability.

Litigation and crisis management

While the other examples have concerned mainly "chronic" legal issues, having a lawyer on staff can also help you in case of "acute" legal issues such as civil or criminal litigation or government investigation. In addition to drafting pleadings, a lawyer can assist you with settlement negotiations.

Since these legal matters can be incredibly time-consuming, maintaining a lawyer on staff ensures that your company devotes the proper attention to legal obligations while your business professionals remain focused on the business itself. You can retain outside counsel from a firm that has experience across each of these areas, or you can hire in-house counsel as an employee of the business itself. Whatever option you choose, you can rest assured that a trained lawyer will minimize your business liability and ultimately save your company money in the long run.

Looking for lawyers to working with? You can find some of the best lawyers in your area in this lawyers directory.

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Uncategorized https://www.pdjlawfirm.org/blog/why-you-should-have-a-corporate-lawyer-on-staff/ https://www.pdjlawfirm.org/blog/why-you-should-have-a-corporate-lawyer-on-staff/ Editor Tue, 13 Nov 2018 10:59:02 -0500