Archive for the ‘National, State, Local’ Category

The Laws Surrounding Gift Giving

Wednesday, April 7th, 2010

The laws surrounding gifts can be tricky. Gift giving is a pretty simple process, you give a gift and someone accepts it. Perhaps you get the gift, or perhaps you revoke the gift and take it back. Either way, it is still pretty simple, but in fact, there are laws relating to gift giving which could hold up in court.

Did you really think there were not rules to gift giving? What century are you living in?
First of all, promising somebody you will buy them a gift is actually meaningless in the legal sense and in no way requires you to buy a gift. Of course, if you promise to buy a gift for someone and do not, then you risk losing a friend as a result, so beware in that sense.

When you present a gift to someone, acceptance is assumed, unless they actually, physical or vocally, reject it.

As a result, a gift given and accepted cannot legally be revoked by the giver.

So, if we look at it in legal terms, the gift process means there is intent to give a gift by a donor, the acceptance of the gift by the donee and the delivery of the gift to the donee.

Who knew that gift giving could get so complicated? Well, it does not stop there.

Depending on the cash value of the gift, especially if the gift happens to be cash, the

United States government can actually take a portion of your gift. It is kind of like involuntarily sharing your gift with someone else.

Of course, there are exemptions to the gift tax, first you can transfer up to $12,000 per person per year without being subject to the tax, which means an individual can make gifts up to that dollar amount to as many people they wish each year.

Second, there is a credit that essentially negates the tax on gifts until $1,000,000 has been given from one person to another.

Also, the gift tax is exempt on gifts to spouses, political organizations and charities.

Now that you know the law concerning giving gifts, be aware of the assumed acceptance, the non-legally binding promise and the prevention of revocation.

Of course, most of us will never have to deal with the legal ramifications of giving gifts since most of us give gifts to those we love and vice versa and you never want the law to intrude on friendship or love.

Victor Epand is an expert consultant for flowers and gifts. When shopping for flowers and gifts, we recommend you shop only at the best online stores that specialize in Giving legally sound Gifts, Giving Legally sound everyday flower arrangements, Selling Legally protected Jewlery selections.

Business and Company Registration in Thailand

Saturday, April 3rd, 2010

In the Kingdom of Thailand, registration as well as conducting of business is governed by a number of laws. Some of the most popular forms of business set ups in Thailand are sole proprietorship, partnership business, joint ventures, branches of foreign companies, and limited companies including public limited companies and private limited companies.

A sole proprietorship is a kind of business set up that can be owned by only one person with unlimited liability. This type of set up is subject to certain kinds of legal actions. Unless included under the United States-Thailand Treaty on Amity and Economic Co-operation, a foreigner is not permitted to start a sole proprietorship business in Thailand.

When comes to partnership business, Thailand allows three types of business such as unregistered ordinary partnerships, registered ordinary partnerships, and limited partnerships. Since it is not promoted by the Board of Investment (BOI), partnership business is seldom operated by foreign investors.

A public limited company in Thailand offers shares for sale through the Stock Exchange of Thailand (SET.) But, a host of legal requirements must be complied with the Public Limited Company Act for starting a public limited company. For instance, half of the promoters must be Thai nationals and there must be at least 15 promoters for the Memorandum of Association.

Private limited companies are the most popular type of business set ups in Thailand. A foreigner can easily set up a private limited company. However, according to the Foreign Business Act, there are certain businesses that cannot be started by a foreigner on a majority basis.

Laws pertaining to the establishment of a private company in Thailand are governed by the Civil and Commercial Code, the Revenue Code, and the Accounts Act. Private limited companies are akin to western corporations and are regarded as one of the most prominent vehicles to set up a permanent business in the country. Establishment and registration of a private limited company involve certain important steps.

Foremost is the reservation of corporate name for your company. However, the name you have chosen or reserved for your company should not be same or similar to the corporate name of other companies. According to the law, certain names are not allowed as the company name. One can lean guidelines provided by the Commercial Registration Department in the Ministry of Commerce for reserving a company name. Filing of Memorandum of Association with the Commercial Registration Department is the next step in the incorporation of a private company.

Memorandum of Association must include the company’s reserved name, location of the company, business goals, share capital amount as well as how it is divided, and names of seven promoters who sign this document. Once the Memorandum of Association is registered, a government fee of about 0.5% of the registered capital must be paid. Then, a statutory meeting of all shareholders must be convened, in which the bylaws as well as articles of incorporation are approved and the board of directors and auditors are selected.

After this, the directors must file their application for the establishment of the company, within 90 days from the date of the statutory meeting. When the application is filed, a government fee of Thai 5,000 baht, which may go up to a maximum of 250,000 baht, must be paid. It is mandatory that within 60 days of the incorporation of the company should register for income tax and receive a tax ID card and a number for the company from the Department of Revenue.

Above all, once the company is incorporated and has successfully started its operation, it is required to maintain accurate books of accounts as per the Accounts Act, the Civil and Commercial Code and the Revenue Code. Accounting documents can be prepared in any language, however with a Thai translation.

Company formation and registration in Thailand offer some obvious benefits. One of the prime advantages is that the law does not entail any minimum capital requirement for establishing a business set up. Another benefit is that the Board of Investment (BOI) of the country renders a multitude of incentives to promote and encourage company formation in Thailand. As it is a founder member of the ASEAN (Association of Southeast Asian Nations), the country provides access to a prospective ASEAN market.

A myriad of specialist consultancy firm coupled with the services of attorneys are in the scenario to help you with the processes involved in company incorporation and registration in Thailand. They help you deal with a number of activities pertaining to the registration of company such as selection of appropriate company name, financial consulting, legal consulting, drafting company by-laws and business objectives, preparation and filing of the Memorandum of Association, registering Corporate Tax and VAT, creating company logos and seals, and more.

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

Visa Issues For Your Filipina Bride

Wednesday, March 31st, 2010

As incidents of Filipino citizens flying to the United States or other countries and not returning home pile up, government and the foreign embassies were prompted to implement stricter measures in issuing visas.

When a foreigner crosses cultures just to acquire a Filipina bride, he has to go through numerous hassles, like complying with mountains of paperwork, spending hundreds of dollars and waiting for a long time before he can finally take his Filipina bride to his country. Processing the requirements for a fiancee or spouse visa takes time and the length of the waiting time depends on where you live.

You can either apply for a fiancee visa (K1 Fiancee Via) or a spouse visa (IR-1) for your Filipina bride, but you still have to comply with several requirements. There are many specialized lawyers that can help you with this. The law requires that you and your Filipina girlfriend must have been legally free to marry and if your girlfriend is granted a fiancee visa, you have to marry her within 90 days after arrival in your own country.

You may need to show documents to prove your relationship with your Filipina girlfriend so keep track of those emails you exchanged with each other, letters, photos, plane tickets and any other proof that you have a relationship going on.

To obtain a spouse visa for your Filipina bride, first of all you must get married so you can petition your Filipina wife to migrate to your own country. If you get married in the Philippines, you must comply with all the requirements of applying a marriage certificate and getting married whether in the church or civil ceremony.

You must not forget to bring important documents if you want to get married in the Philippines, like your US passport, an Affidavit from the US Embassy, a divorce decree or spouse’s death certificate if you were previously married, proof that you have informed your parents if you are 22 to 24, or proof of parental consent if you are 18 to 21 years old. These are needed in filing for a marriage license. Your marriage must be authentic and valid under the Philippine laws, and only then can you file a petition to get a visa for your Filipina wife.

Here is a brief run on the procedures of acquiring a spouse visa. After you return to your own country, you should file a petition with the nearest office of the Immigration and Naturalization Service (INS) where your place of residence is covered. The INS will in turn send the papers to your Filipina bride for her to comply. You and your Filipina bride must return all required forms to the National Visa Center, who will in turn forward all of the documents to the US Embassy, including your Affidavit of Support.

Your Filipina bride will then have to wait for an interview with the consular officer in your Embassy who will determine if she will be issued a visa or not. If you join bride tours, they will take care of all the visa processing and immigration procedures but if you came on your own, you and your Filipina fiance will have to do the petitioning or applying of her visa.

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Idaho Sexual Harassment Law: Know Your Rights

Sunday, March 21st, 2010

Sexual harassment is so multi-formed that for many who encounter it, they may not even know to identify it as harassment. This form of harassment is a multi-headed hydra; some may only identify sexual harassment on its face, explicit and direct.

Actually sexual harassment can be subtle; it can be simply as an ongoing act of unwanted or unwarranted flirtation, or inappropriate suggestion. The act is disruptive enough to interfere with someone’s life or job or whatever field or role the victim plays in life.

The federal law protects citizens from harassment. Title VII of the Civil Rights Act of 1964 specifies sexual harassment as a civil right violation and a form of sex discrimination. Some examples that the law provides protection for are: unwelcome and aggressive sexual advances, requests of sexual favors or other verbal or physical conduct of sexual nature that affects the individual’s employment, interferes with the individual’s performance at work or creates a hostile or offensive work environment.

Idaho has its own civil litigation laws and title code that defines specific instances in the sexual harassment. Federal law provides the basis for each state’s law process to help define.

Idaho and It’s Take on Addressing Sexual Harassment

According to Idaho’s Commission on Human rights, twenty percent of their cases at the commission involve sexual harassment. As with many sex-crime acts, they are usually not reported. Studies have found that this is due to victims feeling ashamed that they were at fault for some reason and that their allegations will be looked down upon. This not only leaves them humiliated and taking an emotional loss, but can leave the harasser to victimize others.

Cultural differences define regions of the nation. Some civil rights may be more familiar within certain cities than others. The social climate may be different say, for instance, a comparison between San Francisco Metro (where civil rights issues are constantly brought to the table) and an Idaho city like Couer d’Alene.

Having a percentage of the work force walking into a job and not really being civically aware of their rights may create an ideal setting stage for harassment. It would be wise to consult with a lawyer if you think that there is sexual harassment. Those victimized will know, because they certainly will not feel comfortable for whatever situation they are in.

In the example case from Idaho, it would be best to look for Coeur d’alene sexual harassment lawyers so they know more about stopping the abuse. Most attorneys will not charge for the initial consultation so there would really be nothing to loose.

Art Gib writes for Beck & Poorman, Attorneys at Law (http://www.beck-poorman.com/sexual_harassment.html) whose staff of Coeur d’Alene sexual harassment lawyers are well versed with Idaho law and ready to defend your rights.

Car Hire Is Just One Expense Caused By Slack Local Authorities

Thursday, March 18th, 2010

The old image of road maintenance workers leaning on shovels and smoking cigarettes is one we often assume to be correct given that there are so many poorly maintained roads across Britain.

Given that a good proportion of our council tax is attributable to highway maintenance, should our roads not be in better condition? In the UK, 10,000 pounds of taxpayer’s money is spent on road maintenance per mile of carriageway every year. But is this enough?

Surely not, if the authorities claim to have a 1 billion pounds backlog of repairs and are facing a formidable peak in compensation for vehicle damage caused by the lack of repairs.

It is estimated that half of all vehicle axle, suspension and steering repairs are blamed on poor road quality. Stories abound on the internet of car parts being ripped off, cracked sumps and the most common wheel and tyre damages caused by potholes in our roads.

Heartily sick of this problem, a road user in Huddersfield went through his home town, circling all potholes with yellow spray paint. He did this to highlight the problem and to warn other road users. The un-amused council officials were adamant that it would not influence their road works schedule and accused the man of graffiti.

A whole website has even been set up dedicated entirely to the problems faced by pothole victims. It is hoped that a collective voice will carry more weight than each individual.

In the worst reported incident, a motorcyclist hit a pothole, throwing him into the central reservation and killing him.

However, local authorities do not seem to listen to the complaints of the public and often pass the buck onto others. Manhole covers are deemed the responsibility of other companies, such as the water authority, so if you damage your car on one of these, despite it being on a council owned road, compensation is unlikely.

Many have tried to claim compensation from the council with car insurance companies being quite unhelpful in this regard. It seems no one wants to take on the bigger authorities and personal complaints and requests for re-imbursement are largely ignored.

The cost to car drivers of pothole damage is estimated to be around 2.8 billion pounds a year just in repairs. Many people have only third party, fire and theft insurance cover and will have to foot this bill themselves. Add to this the cost of car hire and the expense increases even further.

Car hire is a normal fall back for driver’s whose vehicles are off the road for repair. Comprehensive insurance will cover this expense, otherwise add it to the list of extras to pay out for in the event of pothole damage to your car.

Insurance on a hired car would cover the cost of any damage done to one of their own cars in this respect and fully comprehensive insurance to pothole damaged vehicles is ever increasing. This begs the question as to whether or not insurance companies could be putting a louder voice to the issue instead of passing on the increase in claims to the premiums of their customers.

Highways expert Catherine Harvey looks at road damage as a cause of car hire in the UK. To find out more please visit http://www.car-hire-uk.com/

Auto Accident Lawyer in Coeur d’Alene Idaho

Monday, March 15th, 2010

Over the last several years, there has been a steady increase in auto accidents in the United States, hovering at over six million during the past year. As a result — as well as general inflation — auto insurance premiums are rising as well, currently sitting at an average of over $1,000 in some states.

Unfortunately, the increase in insurance premiums is not indicative of a raise in coverage for most people. Many people in the country choose the state minimums in auto insurance which means that they run the terrible risk of being inadequately covered in an accident, even when they are not found at fault — especially when dealing with injuries.

Accident attorneys should certainly not be a first course of action when dealing with a traffic altercation, but should be considered as viable alternatives when insurance companies are not providing adequate compensation for losses and damages incurred during an accident. Auto accident lawyers can use the law to ensure that insurance companies, and individuals in some cases, are held accountable for damages for which they should be responsible.

There are so many different legal precedents for auto-related accident law, and additionally, there are a myriad of legal codes and road laws relating to many different scenarios — from motorcycle law to pedestrian law and from government vehicle accidents to accidents involving corporate-owned semis. A good accident lawyer must be highly trained and well versed in all of these different types of automobile law. A highly trained, competent accident attorney could be the difference in compensation and debt when you are involved in an auto accident.

Coeur d’Alene Auto Accident Lawyer

Idaho ranks 47th in average annual insurance premiums, making it one of the lowest cost states in which to have auto insurance. However, Idaho also has a low minimum requirement for liability insurance, making it more apt to leave its residents lacking when involved in a major auto accident.

Therefore, accident attorneys become quite valuable to ensure that Idahoans are not left wanting when the unfortunate event occurs. In Coeur d’Alene, Idaho, for example, an experienced yet local law firm should be sought in the case of an auto accident to ensure that you are not left traumatized by the sheer exhaustion that can come from the red tape involved in auto accident settlements.

Auto accidents do not have to be life altering experiences. Finding a competent, dependable legal representation could be the difference in getting on with your life, or being in debt for the rest of it. If you find yourself in the unfortunate situation of an automobile accident and the insurance companies are not providing adequate coverage, take the next step and make sure you get the fair treatment you deserve.

Art Gib writes for Beck & Poorman, Attorneys at Law (http://www.beck-poorman.com/auto_accidents.html), who are qualified auto accident attorneys providing services to those in need of a Coeur d’Alene auto accident lawyer.

Legal Help in the Idaho Area

Thursday, March 11th, 2010

There are a large range of legal issues that are covered by local Idaho lawyers. Each topic covers an expanse of legal information. That is why that most lawyers will only highlight a few main topics of expertise, because the volume of work is so high.

A lot of attorney service is centered on divorce, wills and estates, discrimination, harassment, and personal injury. However the Idaho State Bar operates a Lawyer Referral Service that can help you find a sound referral.

Negotiating a Fee

Try to get the subject of cost of the service discussed early in the game. Also, make sure that anything you discuss is done in writing as well. Know that any advice or even a simple page of information given will typically have a fee associated with it. This is not unusual as any tiny bit of knowledge and advice given to you is the foundation of their service and is not usually free.

There are some points that you’ll want to discuss with your lawyer to get an understanding of the scope and difficulty before coming to a pay rate:

- The amount of time the attorney and assistants will need to tackle the situation brought to them
- The degree of difficulty
- Ask how their fee compares to others who offer the same service
- Estimate on how much a claim or settlement may be paid out
- Get their training and experience background
- Methodology of fee schedule

There are some good guidelines to follow in getting the lowest fee expense from your lawyer. Mainly you will want to keep the time spent with them limited. Also, make sure you give them the facts, all the way down to the dirtiest detail so nothing comes back to bite you.

Be organized. Get all the names, numbers and the situation written down to relay to them. Streamline everything and realize that you are paying for their expertise, not friendship or therapy session.

For instance, if you were in an accident in the Coeur d’Alene area and had a claim against the other driver, you would first want to search for a north Idaho auto accident lawyer.

There are jurisdictional differences in law, so even if you are not from that area, it would be wise to choose an attorney from that area. With that in mind, make sure that all information about the accident is relayed to your attorney properly with all the other steps as mentioned above.

Covering a large amount of legal matters, Beck and Poorman (http://www.beck-poorman.com/auto_accidents.html) provides north Idaho auto accident lawyer counseling and representation for Idaho residents. They’ve handled hundreds of cases in auto injury with outstanding work to show for.

Idaho Personal Injury Laws

Wednesday, March 10th, 2010

Idaho’s laws in regard to personal injury will be very similar to those in all other states of the nation. However, there will be some differences in both law and the attitudes of the courts from state to state, even region to region.

Even from one city to another, there is the possibility of encountering minor differences in law, and you are almost certain to run into differing dispositions and attitudes from one jurisdictional region to the next. As such, an Idaho personal injury lawyer that has experience practicing in the area where you were injured would be the best act to take upon being injured in Idaho.

Types of Personal Injuries

The term “personal injury” is pretty broad and includes several types of injuries. Specifically (and legally), it includes all injuries that occur to you personally and includes both physical and psychological (including emotional damage) injury and applies whether the injury was sustained through another intentionally, negligently, or by accident.

In other words, personal injury includes both physical injury to your body, as well as emotional injury resulting from distress, humiliation, depression, and other similar situations that are caused through the actions of others or through the negligence of others.

Negligence cases will most often involve a form of physical injury, though psychological damages will often be claimed in association with the physical.

As an example, if you were attending a public event (concert, sports event, or simply shopping at the local grocery store) then slipped and fell due to a failure to maintain the grounds (ice or snow that hasn’t been cleared, banana peels or other garbage that hasn’t been cleared, etc.) and break your arm, then personal injury could include both the broken arm as well as the humiliation suffered from falling in public.

If you were to break your watch or tear up your new boots however, this would not be included as part of any claim of personal injury.

Emotional harm can further include slander, false arrest, libel, character defamation and more.

Variations of this law that pertain to Idaho can be reviewed by an Idaho personal injury lawyer to ensure that you are able to take full advantage of any and all claims of personal injury and have the full force of the law on your side.

Preparing to Meet Your Idaho Personal Injury Lawyer

In many personal injury cases where the fault is very clear or an attorney feels highly confident about winning, they may work out an agreement that give them a percentage of the money won in a personal-injury lawsuit (usually around 33 percent) rather than charging you for time.

However, if that is not the case, you will be charged by time. Whether you are contacting your lawyer for the first time, asking for simple advice, or asking what to bring for a meeting, you will likely be charged an attorney’s fee. Minimizing your costs will be beneficial to you as you will receive a larger amount of the claim the less you use up your attorney’s time.

One of the most important things you can do to save both yourself and your attorney time (which will save you money) is write up a detailed story that describes exactly how you sustained your physical injuries as well as any distress or other psychological effects that you have suffered as a result.

Be sure to include details leading up to the event, and pertinent details that happen afterward (especially anything that caused emotional distress such harassing phone calls after the injury took place, undue pressure to settle from the party at fault, humiliation you felt due to the injury being witnessed, etc.) and all details that you can think of, even if you think it might hurt your case.

Your lawyer will do everything he or she can, and withholding anything at all can hurt your case or come back to bite you later. Your lawyer is interested only in helping you with the legal aspect and isn’t there to judge you or your motives.

Beck & Poorman, Attorneys at Law (http://www.beck-poorman.com/injury_law.html) specialize in Idaho state law, and retains the services of Idaho personal injury lawyers that both understand the law and the attitudes of the community where they practice.

Obtaining Bridal Visa For Ukrainian Fiancee – Frustrating, Expensive, But Worth It!

Saturday, February 20th, 2010

Obtaining bridal visa for Ukrainian fiancee indeed is an important and so to say big issue, which may arise on your way to happy married life with your Ukrainian sweetheart. Today it is quite easy for foreigners to come to Ukraine.

Citizens of some countries, such as USA or European Union, do not even need to open visas to come and visit this country. However, when it comes to opening visa for your fiancee to come to your country, you have to be prepared to face certain challenges and difficulties. So, let us take a look at what those difficulties might be and how they can be avoided or got over.

First of all, you should realize that opening a bridal visa for your fiancee might be a complicated and long process. This means you cannot make fast plans for getting married with your sweetheart in your own country. The process of opening bridal visa for Ukrainian fiancee may take somewhere from two weeks to twelve months and even longer. It all depends on the country of your origin.

Thus, there are two possible solutions to this problem: either you get married in Ukraine (which also requires certain preparation and paper work done), or you get armed with patience and step by step go through the whole process.

Now, besides being time consuming, the process of obtaining a bridal visa for your Ukrainian fiancee is also quite expensive. Again, it all depends on the country of your origin. One of the countries it takes the longest to open a bridal visa to is USA and it is most expensive to open it to UK. An average cost of the bridal visa would vary from 200 to 600 Euro. Most of this money would go towards covering the expenses of legal papers to be prepared.

You need to bring from your country several papers to initiate this process. Of course, you need to have your foreign passport and legal bridal invitation for your lady. She would also need to fill out some papers and to submit a list of documents to your country’s embassy.

As I have already mentioned the process is quite complicated, so you should learn all the important information and get the complete list of documents required for obtaining bridal visa for Ukrainian fiancee. You can do it online by visiting embassy’s web site.

After you and your fiancee submit the application form for obtaining the visa, your embassy will send you both a list of additional documents to be submitted and the forms to be filled. However, Ukrainian snail mail does not work well. There is no need to wait for these papers to arrive. You may simply download them from the embassy’s website, print and fill them out, or else you may turn to a number of companies, which work in this area and provide assistance in opening bridal visas for Ukrainian fiancees. In this case, of course, you will have extra fees to cover.

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When Does a Conspiracy Exist?

Saturday, February 13th, 2010

Of all criminal charges, the most intimidating can be federal charges. This is especially true when one is dealing with a federal conspiracy charge. Some may ask just want exactly is a conspiracy? A conspiracy exists when two or more people form an agreement to do some act or refrain from doing some act.

A conspiracy to commit a crime is a crime in and of itself, which means that conspiracy is charged as a separate offense and apart from the crime that the parties to the conspiracy conspired to commit.

There are several reasons for a prosecutor to charge someone with conspiracy, and despite the fact that the law defines conspiracy as “agreement” between two or more persons, only one person need intend to commit a crime out of the conspiracy.

Most federal statutes require that the government prove at least one of the co-conspirators committed an overt act during the course and in furtherance of the unlawful agreement. For example, an overt act is required for a conspiracy under 18 U.S.C. 371 (to commit offense against or to defraud the United States), 18 U.S.C. 1117 (to commit murder); 18 U.S.C. 1201 (kidnapping); and 18 U.S.C. 1751 (Presidential assassination).

However, an overt act is not required for 18 U.S.C. 241 (violate civil rights); 18 U.S.C. 2385 (advocate overthrow of government); 21 U.S.C. 846 (drugs); and 21 U.S.C. 963 (RICO).

In order to be convicted of a conspiracy the evidence must prove the defendant knew of the conspiracy, purposefully associated themselves with it and affirmatively cooperated in it, or at least agreed to cooperate in the objective of the conspiracy.

However, the law is established that mere presence at a location, even with knowledge that a crime is being committed there, is not sufficient to establish that a defendant was a member of the conspiracy.

The punishment for conspiracy laws is generally the same as the punishment for the underlying crime agreed upon by the conspirators. However, many things can actually factor into the punishment.

If the government believes that the conspiracy has been ongoing in nature, they may attempt to introduce evidence of all the prior acts of which they have knowledge.

This is common in drug conspiracies where the quantities are often times added together to produce a much larger amount than may have actually been seized. Many times the government has obtained this information related to the conspiracy from a cooperating witness.

There are defenses to the crime of conspiracy. Thus, it is important to hire counsel who has experience in this area of the law.

Neil Lemons represents Teakell Law. For more information on conspiracy defense attorney in the Dallas/Fort Worth area visit their website http://www.teakelllaw.com.

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