Posts Tagged ‘Lawyers’

Is Your NY DWI Lawyer’s Belief System Important?

Sunday, March 6th, 2011

I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me “sirs” thrown my way pauses me to think, to reflect, and to question.

I feel extremely fortunate for my time here, my practice, and my opportunities. I have had 23 years of practicing both as a Chiropractic Physician, and as an Attorney at Law. Along the way I have had the pleasure and pain of helping thousands of people get through some of the worst times in their lives. I am at heart a caretaker. I am good at helping people heal. Whether with a word or a touch, it is my gift and ability.

I love to learn. What I have returned to again and again is that a person’s beliefs will truly control and direct their destiny. At it’s core, belief systems can be a series of convictions. Things that people are convinced about. They will fight to maintain them, and to honor their truth.

How many things do we believe in that are “true”? Only later to discover are false. They are propaganda, they are the ideas of others that we have bought into.

I caution those that pick counselors, choose leaders, and hire advisors to first find out what those people BELIEVE.

What does your doctor believe? Does he believe in the miracle of life and love? Does he believe that everything he was taught was fatal, actually is? Does he believe that the mind can affect the body? Does he believe that natural cures and remedies could work? Does he believe that everyone fits in the same box and should receive the same medicine? Does he buy into the value of rest, fresh air, and exercise? My father’s doctors all smoked, and were overweight. They cautioned me about doing too much exercise. My father died of a third heart attack at the young age of 51. All his “trusted” doctors, his health advisors died early just like he did.

Now think about this for a moment, this is your doctor, and he is going to advise you, he is going to recommend treatment, he may even render a surgical opinion, how important is his belief system to the ultimate outcome of your care? It is everything! How he feels about drugs, food, surgery, and all else will color his advice to you.

Now take that understanding and perspective to the attorney that is going to represent you.

What does your DWI Defense attorney believe? Does he believe that the breath test is a very accurate, reliable, scientific, and valid measure of blood alcohol concentration? Does he believe that field sobriety tests are fair? Does he believe that the police officer’s opinion, and his report are the truth?

I have met many attorneys whose belief systems are defeatist. They are sunk before they even begin. Where can you possibly go if you BUY into the prosecutor’s machine result? What can you possibly argue with any heart or passion if you believe that your client is guilty as charged?

The reason why the best (I use that term with caution) DWI defense attorneys go to seminars (on the breath machines and field sobriety tests) is not only to gather knowledge BUT more importantly to topple belief systems. To challenge the reliability, accuracy, and validity of “objective” evidence. To change their minds about possible versus probable. To discover and uncover the natural and persistent doubt that goes with a great defense of the government’s proof.

In my opinion the best DWI defense lawyers are SKEPTICS. They want to be shown, they are doubters, they are devil’s advocates, they are in a word “difficult” and hard to convince.

What your lawyer and your doctor believe is very important to you and your future.

This is what I believe:

1. Machines are not perfect. They make mistakes. Even when they work perfectly they are subject to error. Often the people that use them use them incorrectly. Breath testing is convenient and cheap, it is not scientific, accurate, or reliable in it’s current form.

2. All DWI cases must be looked at in detail, and the evidence must be gathered so that the situation can be looked at in the TOTALITY. How I feel about a case or advise a client will turn upon a full, fair, and realistic evaluation of everything.

3. Opinions are just that. A viewpoint, and a perspective, that have a bias, and that are highly subjective.

4. Lawyers need to understand what is important to their clients. My job is to guide, advise, and represent “their” interests being mindful of “their” values.

5. What people want, and what they can have may be world’s apart. While lawyers can predict outcomes, we certainly cannot guarantee them. Many things are outside of our control. Judges, juries, and facts beyond change (accidents, prior convictions, chronologies, etc.) can impact final outcomes. When it comes to legal matters, You may want the cheerfulness of an optimist and hate the opinion of the pessimist, but what you really want is the advice of a realist.

Always ask your doctors, and your lawyers what they “believe” before you hire them to help you.

Adelaide Lawyers

Wednesday, March 2nd, 2011

That’s not me hot for expensive law firms which demand service fees, yet we end up needing a while within our lifestyles in order to resolve their own legal problems. We all need legal counsel during our lives. Lawful services might be pricey, in particular when high-caliber law firms and also the best lawn mowers of their own field. You’ll find attorneys that are affordable and give an outstanding support, simply recognize where to locate that.

One more organization attorney at law will help us to feature developing trust, close ties along with firms. To find out more with regards to Adelaide Lawyers and many information on matters associated with regulation, click on the web page link supplied. In the end, your effectiveness associated with 99% is not witnessed there and in the line and await 10 years.

You will get a fair thought of the particular tax problem on the phone. I don’t realize where by these people obtain the figures in look, nevertheless what are the results as soon as my personal relative reduced the problem to utilize my own older brother to attend Quarterly report, good quality offer. Do not platform your final decision to select a legal professional to provide a guide in the opposition. A different tip should be to consider you’ll be able to resolve independently before you go into a law firm. This is a wonderful strategy to recognize how very much it will require to hire Adelaide Lawyers

And so, you might inquire buying and selling domains might get the most beneficial worth and also hammer my money while i obtain the expertise of competent as well as seasoned Adelaide Lawyers having to break the lending company.

These complaints could be in connection with a superb connected with pace, statements pertaining to damage and also divorce process concerns. Unfortunately, not really the best occasions of our lifestyles, although a whole lot worse, many of us spend the money for income for the thousands of insurance these services. I began with some law firms creating family members rely on, and also have also been guaranteed three times more than other folks. However, legal professionals should not be predetermined, your accountant may solve the issue, and it’s really no cost! Of course totally free! Therefore the level is usually to inquire if you have pals who have knowledge or perhaps feel the same issue before going into a law firm. Most of the people furthermore don’t suggest arranging only at that stage if it is definitely not based on per hour premiums. The secret should be to help to make a scheduled visit beforehand and ask for hourly premiums as well as levels of skills provided to individuals. I recommend a lot more user-friendly as well as aggressive concerning cutting down income tax and cash. Most people have to have a lawyer who are able to not really manage to cover the exact expenses important to get this example. Similar to various other vocations, if you have to be able to charge increased charges, your law firms will perform the identical.

IRS Tax Lawyers

Thursday, February 24th, 2011

Does the IRS make you nervous? Are you constantly fretting what might be down the road for you in regards to taxes and laws that you don’t completely understand? If you answered yes to either of these questions,there’s no reason to panic. An IRS tax lawyers can help solve your problems. These special tax lawyers have the authority to fight for you while you go about your daily routine. They can represent you in meetings as well as with the written word.There is no reason to deal with this unnecessary stress, which makes these IRS tax attorneys so valuable. If you were to use a CPA or other type of tax professional, you wouldn’t have this luxury. You would be forced to represent yourself in all
phases.
There are many other reasons to use an IRS tax lawyer. The most common reason is simply to help you understand andfigure out difficult tax issues. This is especially important right now. Since the economy is wavering and our government isshort on funds, they are going to pay much more attention to taxes. This has already been announced by the IRS and it’s
something you should take under advisement.
Another reason you might need an IRS tax attorney is for criminal tax fraud. If you have found yourself in such an undesirable situation, it’s imperative that you hire an IRS tax lawyers. They will be your best defense by a great margin.
Not all reasons to use IRS tax lawyers are so foreboding. They can also help you find benefits you might not have been aware of. It has happened on numerous occasions that IRS tax lawyers have found the right information and/or funds to change lifestyles – for the better.

When it comes to the IRS, it’s always best to have an IRS tax attorney on your side.

IRS Tax Lawyers

Tuesday, February 22nd, 2011

Does the IRS make you nervous? Are you constantly fretting what might be down the road for you in regards to taxes and laws that you don’t completely understand? If you answered yes to either of these questions,there’s no reason to panic. An IRS tax lawyers can help solve your problems. These special tax lawyers have the authority to fight for you while you go about your daily routine. They can represent you in meetings as well as with the written word.There is no reason to deal with this unnecessary stress, which makes these IRS tax attorneys so valuable. If you were to use a CPA or other type of tax professional, you wouldn’t have this luxury. You would be forced to represent yourself in all
phases.
There are many other reasons to use an IRS tax lawyer. The most common reason is simply to help you understand andfigure out difficult tax issues. This is especially important right now. Since the economy is wavering and our government isshort on funds, they are going to pay much more attention to taxes. This has already been announced by the IRS and it’s
something you should take under advisement.
Another reason you might need an IRS tax attorney is for criminal tax fraud. If you have found yourself in such an undesirable situation, it’s imperative that you hire an IRS tax lawyers. They will be your best defense by a great margin.
Not all reasons to use IRS tax lawyers are so foreboding. They can also help you find benefits you might not have been aware of. It has happened on numerous occasions that IRS tax lawyers have found the right information and/or funds to change lifestyles – for the better.

When it comes to the IRS, it’s always best to have an IRS tax attorney on your side.

Fradulent Activity by Los Angeles Bankruptcy Attorneys, Lawyers and Law Firms

Sunday, February 20th, 2011

***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

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