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times used to affect the debtor harshly as the creditors used legal and physical methods to get back their credits. But as time changed, new bankruptcy laws evolved as well as older ones were amended to make the laws more permanent and beneficial for both the debtors and creditors.

If you are facing a financial crisis then you should get the help of a bankruptcy lawyer that can help you understand the complexities of chapter 7 and chapter 13 and other procedures related to it.

Chapter 7 bankruptcy: otherwise known as liquidation is most common and is proposed for the discharging of the unsecured debts such as medical bills, credit card debt, and unsecured personal loans. These types of bankruptcy can be completed within a period of months. It gives trustees, the ability to pay creditors by liquidating the non-exempt assets, although due to problem of absence of non-exempt assets among people who are filing the chapter 7 bankruptcy, the trustees are able to keep their property and can easily eliminate the debts which are unsecured.

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The qualification for being eligible to file a chapter 7 bankruptcy is the debtor must be an individual, a corporation, a partnership or any other business entity. The first thing that will be done to check your eligibility is that your average income for 6 months earlier to the filling date and comparing it with the median earnings of the state in which you reside if your average income is below that median income then you are eligible to apply.

 
One another important eligibility criteria is to be able to discharge your non-exempt debts you should have unsecured debts such as consumer debts, medical bills, or payday loans.

There are certain conditions that make you ineligible and you should take care about these:

1. If you have enough disposable income to repay your debts , after cutting the allowed expenses and important debt payments for repaying small portion of the unsecured debts on a five-year repayment phase 2. If you have already attained a chapter 7 bankruptcy earlier within a time period of the last eight years prior to the time of filing.

The chapter 7 bankruptcy works on the concept that any of the secured assets a petitioner has will be handed over to an estate which is a legal that becomes the temporary owner of all secured assets and the creditor has no right to liquidate these assets until the case is over.

Drunk driving or driving under the influence (DUI) is the act of driving a motor vehicle under the influence of alcohol or while in an inebriated condition. It is a common problem in the United States and the rest of the world. DUI is responsible for 41 percent of total traffic deaths.

Alcohol tends to get absorbed into the bloodstream and is carried to the brain immediately upon consumption. Laws in the US in relation to DUI have become extremely strict. In the state of California alone there are approximately 200,000 arrests for DUI every year. The law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.

Based on California law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above a .08% Blood Alcohol Content.

California Highway Patrol records, 1998 states that in 1997, a total of 31,189 people were injured in alcohol-related traffic accidents in California. This comes down to approximately 86 people per day. Injuries caused in such accidents comprise of roughly 10.94% of the total 284,871 traffic injuries in California. It also states that in 1997, a total of 1,100 people were killed in alcohol-related accidents in California – this equates to 3 people per day. These deaths roughly represent almost 29.96% of the total 3,671 traffic fatalities in California.

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Strict and stringent laws have been enacted to deal with offenders caught while DUI. Jail sentences range from 2 days to 120 days depending on the intensity of the offence. Similarly DUI schooling may also be recommended. This may range from 15 weeks to 18 months. Sale of the vehicle or impounding may also take place with the proceeds going towards charity.

Statistics have proved that since the enactment of the 0.08% blood alcohol count, the DUI arrests have decreased by an assenting rate of 45%. The number of deaths and injuries has also shown a 50% decrease. This is a positive indication, which proves that to an extent, the imposition of fines and punishments has shown affirmative results.

Alcohol offenses are serious crimes, which carry major consequences if convicted. An alcohol related crime can be one of many subcategories including, DUI, DWI, underage drinking, public drunken behavior and the illegal distribution, production and sale of liquor.

If you have been charged with any of these crimes, 1000Attorneys.com can help you find a pre-screened lawyer who specializes DUI charges in California. All Attorneys are insured and monitored by a process approved by the California Bar Association and the Supreme Court.

Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver’s license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing.

The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license.

A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.

Hiring Personal Attorneys Vs. Court Appointed Lawyers And Legal Aid

A number of people who require legal help cannot afford the fees that are associated with hiring a lawyer. An individual in this situation may turn to the services of a legal aid clinic or a court appointed attorney. Many people who make this choice end up disappointed and discouraged because of the lack of effort put forth by these affordable legal services.

Although Legal aid clinics has helped many people through some terrible circumstances they , on the other hand, have numerous disadvantages when it comes to dealing with masses of people looking for legal help. A legal aid clinic is a program that allows law school students to receive hands on training. The program allows students to gain experience and offer legal advice and a number of different services to clients. These students don’t receive compensation for any legal help they provide. In many jurisdictions, inexperienced students are allowed to argue for their clients in court. This type of free legal help isn’t equivalent to the type of help that can be provided by a private attorney. Many legal aid clinics are not provided the proper funding to deal with the high number of cases that they receive. People seeking legal advice from attorneys at these clinics may have to wait for hours or even weeks for assistance. They are then forced to routinely turn away large numbers of applicants for legal services due to under funding and limited staffing. Additionally, legal aid clinics can only take certain types of cases. Majority of legal aid offices do not accept cases involving criminal, divorce, visitation rights, child support, child custody, bankruptcy, and emergencies.

In many cases, an individual who can’t afford a lawyer may be appointed one by the court. Private practice lawyers are assigned to represent defendants and are paid by the court. The amount a lawyer receives may be significantly less than what he or she would bill an actual client. Many times, these attorneys do not work as hard as they would if they were privately hired.. …Clients may not receive the extra care and attention that they need. Court appointed attorneys are also chosen at random, so an individual may get one who has no experience or is not familiar with the related legal issue. In some instances if you are charged with a civil offense, such as bankruptcy or injury to another person, you will not be eligible for a court appointed attorney. What could be another disadvantage of a court appointed attorney? Court appointed attorney’s is not necessarily a free service. If a defendant is found to be guilty and is put on probation, the probation terms may require that he or she reimburses the county for the attorney fees. Many times, this amount is less than what it would cost to hire the lawyer outright.

A number of people have had terrible experiences with these supposedly affordable legal services. Many individuals have been forced to plea bargain by their attorneys in order to rush through the system. Others have been misrepresented due to the lack of knowledge and experience of the lawyer. Many people have been disappointed with the court appointed system and may not qualify to receive legal help from clinics.

Quality, well-structured, affordable legal services are hard to come by. In most cases, you get what you pay for when it comes to free legal aid. Often times, those who do not qualify for free aid have to pay high deposits to obtain a private lawyer. LegalProvision.com can assist you in finding a lawyer without having to pay for costly deposits or suffer through low quality, free representation.

LegalProvision.com offers a network of professional law firms that provide affordable legal services to anyone who needs them. Regardless of the type of service you require, you can work one on one with a qualified and knowledgeable attorney. With this service, you can save money on high priced lawyer expenses by paying a small fee to obtain access to quality attorneys in your area.

LegalProvision.com has access to a vast selection of experienced attorneys. You can hire a lawyer without having to pay a high initial deposit, and you can have unlimited consultations with an attorney in person or by phone. Regardless of the type of legal advice or assistance you need, you can speak to an attorney as many times as needed, and you won’t be charged a fee for each consultation.

By selecting a lawyer through the program, you will receive a number of services. Your lawyer may draw up a legal document that is specifically created to match your personal needs. You may also have previously written documents reviewed and analyzed by your lawyer. You can be represented in court by a board-certified attorney who is knowledgeable on your specific legal issue. You may receive as much as sixty hours of free court time by joining the program. If you simply need legal advice, you can work with an attorney as often as you wish until you are satisfied.

Free legal help is often unsatisfactory, and many people sometimes need more help than legal aid or a court appointed attorney is willing to offer. Many legal aid clinics and court appointed attorneys just cannot provide all the needed legal services a person may need regarding their situation. With LegalProvision.com, you can receive the personal focus that you desire from a qualified attorney. Regardless of the type of assistance you need, you can easily resolve your legal issues quickly and with confidence.

***Avoid fraud by unethical bankruptcy attorneys in the Los Angeles Metro area. If you need a pre-screened bankruptcy attorney, you must call a CALBAR approved lawyer referral service by calling 661-310-7999 or by visiting 1000Attorneys.com ***

San Fernando Valley: There have been many reported incidents in the San Fernando valley about unethical business practices by bankruptcy attorneys.

Specifically, these offices are violating rule 1-400 which prohibits lawyers from paying commissions to people who generate leads of potential clients. Moreover, these agents cannot act in behalf of any attorney to offer their bankruptcy services.

Anyone giving bankruptcy advise MUST be licensed with the California Bar Association.

Rule 1-400 from the California Bar Association clearly states:

(A) For purposes of this rule, “communication” means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:

(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or

2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or

(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or

(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.

(B) For purposes of this rule, a “solicitation” means any communication:

(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and

(2) Which is:

(a) delivered in person or by telephone, or

(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.

(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member’s or law firm’s professional duties is not prohibited.

(D) A communication or a solicitation (as defined herein) shall not:

(1) Contain any untrue statement; or

(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or

(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or

(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or

(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.

(6) State that a member is a “certified specialist” unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. “presumption affecting the burden of proof” means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.

(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.

[Publisher's Note: Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.]

Standards:

Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of “communication” defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:

(1) A “communication” which contains guarantees, warranties, or predictions regarding the result of the representation.

(2) A “communication” which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as “this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.”

(3) A “communication” which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.

(4) A “communication” which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.

(5) A “communication,” except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word “Advertisement,” “Newsletter” or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word “Advertisement,” “Newsletter” or words of similar import on the outside thereof.

(6) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.

(7) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.

(8) A “communication” which states or implies that a member or law firm is “of counsel” to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.

(9) A “communication” in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.

(10) A “communication” which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.

(11) (Repealed. See rule 1-400(D)(6) for the operative language on this subject.)

(12) A “communication,” except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.

(13) A “communication” which contains a dramatization unless such communication contains a disclaimer which states “this is a dramatization” or words of similar import.

(14) A “communication” which states or implies “no fee without recovery” unless such communication also expressly discloses whether or not the client will be liable for costs.

(15) A “communication” which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.

(16) An unsolicited “communication” transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication

Most people are confused when it comes to the two terms “paralegal” and “attorney”. Sometimes it’s difficult to distinguish between the two terms. Some people consider “paralegals” and “attorneys” to be able to handle the same types of legal work, often having trouble interpreting the differences between the two.The term “Paralegal” is used in most jurisdictions to define a non-lawyer who supports attorneys in their legitimate work. Anyone can be a paralegal regardless of whether he or she completes law school.

The National Federation of Paralegal Associations defines a paralegal as “a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer.” In most cases a paralegal assists an attorney in their day-to-day activities.Although it may appear as though lawyers have the ultimate responsibility for legal work, they often allocate many of their responsibilities to paralegals. For this reason they are often referred to as legal assistants. Under a lawyer, they can carry out legal investigation, factual inquiry, file motions in court, draft legal motions and/or write legal memoranda.

Though paralegals often perform many of the duties that are usually performed by an attorney, a paralegal is not officially permitted to practice law; that why paralegals have restrictions when it comes to offering legal advice since paralegals do not have a legal license to practice law.An attorney on the other hand is the official designation of a lawyer. An attorney can concentrate his or her practice in a definite part such as litigation, goods and service liability, or a wide range of other choices. An attorney becomes licensed to practice law only after completing his or her academic requirements and passing a state BAR examinationAn attorney is legally registered to practice law, provide counsel on matters of legal precedent and represent clients in matters of the law on the behalf of client. Attorneys can drafts of legitimate papers such as deeds, contracts and wills. Attorneys are also required to be insured should malpractice or other monetary issues arise whereas a paralegal is not legally required to be insured.