LEX OMNI____________ San Jose Attorney ________LEX OMNI

 
           
  San Jose Santa Clara Bay Area attorney | Lawyers providing legal services | Call now, LEX OMNI @ 408-236-2033 to setup appointment today with Affordable legal services, affordable attorney fees | Affordable wills and living trusts lawyer providing low cost legal services, San Jose, Santa Clara, Bay Area | 
Affordable legal fees for wills and trusts clients San Jose, Bay Area, Santa Clara | Call now, LEX OMNI @ 408-236-2033 to setup appointment today with affordable attorney that provide affordable legal services in San Jose, Santa Clara, Bay Area, affordable attorneys Wills, trust, trusts, living trust, affordable,attorney,lawyer,legal,counsel,services,aid,representation,documents,help,advice,fees,advocates,cheap,free,pro bono, low cost
-Arbitration,Asset Protection,Animal Injuries,Assets Distribution,Assets Valuation,Americans with Disabilities Act (ADA) federal and state claims,Assault & Battery,Asbestos Exposure,Auto Defect,Bankruptcy Law,Birth Injuries,Benzene Exposure,Boat Accidents,Blended family trusts,Business Litigation,Business & Commercial Law,Business Succession Planning,Business Valuation,
California Disability Discrimination,Contract Dispute,Corporate Law,Copyright and trademark registration,Catastrophic injuries,Car/Motorcycle Accidents,Construction Accidents,Criminal Defense,Chapter 7 Bankruptcy,Chapter 13 Bankruptcy,Chapter 11 Personal Bankruptcy,Chapter 11 Business Bankruptcy,
Credit trust,Civil Litigation,Conservatorship of the estate,Charitable gifts,Charitable trust,Discrimination,Disciplinary Actions by Employers,DUI -Driving Under the Influence,Drug Crimes,Disability Retirement,Durable Power of Attorney,Domestic Asset Protection Trust,Divorce,Duress,Delayed gifting trust,		
Debt Settlement,Defamation,Deed of Trust,Disability Law,Executive Employment,Employment Agreements,Estate Law,Estate Administration,Elder Financial Abuse,Employment Law,Estate Planning,Employer Representation,
Foreclosure,Fiduciary duties,FELA Railroad Injuries,Family Law,Family Trust,Fraud,Guardianship,Grandchild trust,Healthcare Directive,Hostile Work Environment,Insurance,Immigration,Intellectual Property Protection,Irrevocable Trust,Insurance Trust,
Incapacity of settlor,Improper Distribution,Inheritance trust,Living Trust,Loan Modification,Longshore and Harbor Workers Compensation Act,Mesothelioma,Medical Malpractice,Mediation,Marital Trust,Medicaid planning,Mergers and Acquisitions,Minors trust		
Nursing Home Injuries,Nursing Home Abuse of Residents,Occupational Disease,Personal Injury Law,Product Liability,Public Transportation Accidents,Pre-existing conditions,Personal Injury Damages,Partnership & LLC Law	Pet Trust,Probate Law,Probate avoidance before death,Probate agreements,Probate Law after Death,	
Revocable Living Trust,Retirement Trust,Retirement planning,Real estate transfers,Right of Privacy,Reasonable Accommodations,Real Estate Law,Real Estate Section 1031 Exchanges,Securities Fraud,Severance Package,Silica/Silicosis Exposure,Sex Crimes,Harassment,
Student Loan Relief,Short Sale,Successor trustee’s decisions,Settlement agreements,Social Security Disability,Slip/Trip Falls Accidents,Stand Alone Retirement Trust,Special Needs Trust,Testament,Truck Accidents,Toxic Exposure, Toxic Tort,Tax Planning,Tax Law,Tax audit representation,
Trademark Enforcement,Trustee,Trust Litigation,Trustee liability protection,Undue Influence,Unified tax credit plans,Unsafe Work Environment,Violent Crimes,White Collar Crimes,Whistleblowers,Will /Pour Over Will,Will Simple,
Workers Compensation Law,Wrongful Death,Wrongful Termination,Wage & Hours Claims, LEX OMNI SAN JOSE ATTORNEY OFFICE  
 
     

Lex Omni San Jose Attorney
Lex Omni San Jose Attorney is a group of lawyers with extensive experience and wide practice spectrum with the mission to offer affordable legal services to INDIVIDUALS and SMALL BUSINESSES. Lex Omni translates from Latin to Law for All but also could be loosely translated to All Law, Businesses are assisted from the formation stage to the exit stage, through legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts.
In addition to small business legal services, Lex Omni San Jose Attorney attorneys offers related non-business legal advice and representation. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni San Jose Attorney attorneys lend support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni San Jose Attorney affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni San Jose Attorney offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni San Jose Attorney practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.

If you need help, call now, LEX OMNI @ 408-236-2033 | $250.00/hr legal services attorney.
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  LEX OMNI San Jose Attorney

900 Lafayette St, Ste 201,

 Santa Clara, CA 95050

LEX OMNI San Jose Attorney

 
           
 

LEX OMNI San Jose Attorney | Blog | Law Practice Areas | Legal News |  


Lex Omni San Jose Attorney - What Does our Name Means

Our name is our charter. Lex Omni translates from Latin as All Laws but it can easily be interpreted as Law for All as well. Lex Omni San Jose Attorney does just that. First, we recruit associate attorneys from all practice areas, hence all laws. Lex Omni San Jose Attorney  also strive to service everyone in need of legal services, hence Law for All. And we mean everyone, irrespective of financial means. Lex Omni San Jose Attorney attorneys fees are affordable, legal services rates starting as low as $250.00/hr. Lex Omni San Jose Attorney attorneys fees are the lowest when compared with average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni San Jose Attorney lawyers offer low cost legal services and  significant discounts for small businesses, disabled, veterans and senior citizens. Pro Bono services are available to everyone that lacks financial means and can not afford the high costs of the litigation process. Elders, disabled, veterans and senior citizens are prime beneficiary of our free legal advice and legal services. No one that has been wronged or injured should give up his right to justice. If you been wronged or injured in any way, contact Lex Omni San Jose Attorney attorneys today. Lex Omni San Jose Attorney attorneys are always on your side, ready to defend and fight for your rights.

 


Pro Bono - Free Legal Services for  Disabled, Veterans and Senior Citizens

The term "pro bono," which is short for pro bono publico, is a Latin term that means "for the public good." Although the term is used in different contexts to mean "the offering of free services," it has a very specific meaning to those in the legal profession. Lex Omni San Jose Attorney lawyers provide legal services without fee or expectation of fee to persons of limited means or charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means.
Lex Omni San Jose Attorney attorneys provide any additional services through delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate.
Lex Omni San Jose Attorney attorneys deliver legal services at substantially reduced fee to persons of limited means through their participation in activities for improving the law, the legal system or the legal profession.
In addition, our lawyers contribute financial support to organizations that provide legal services to persons of limited means. Lex Omni San Jose Attorney lawyers are dedicated to providing free legal services to elders, disabled, veterans, senior citizens within  Santa Clara County community. Pro Bono or free legal services are available (but not limited)  for following areas of the law : Family Law, Immigration, Small Claims, Real Estate, Civil, Estate Planning, Employment, Bankruptcy, Debt Issues, Debtor's rights, Identity Theft.

 


Lex Omni San Jose Attorney Practice Areas - List of  Legal Services

Cal today Lex Omni San Jose Attorney for an immediate consultation with an  Asbestos tort attorney, Asylum attorney, Auto Accident attorney, Bankruptcy attorney, Business attorney, Child Custody attorney, Child Support attorney, Civil Rights attorney, Collaborative Divorce attorney, Commercial Real Estate attorney, Consumer Protection attorney, Criminal Defense attorney, DUI and DWI attorney, Debt Settlement attorney, Deportation attorney, Disability attorney, Divorce attorney, Divorce Mediation attorney, Employment attorney, Environment attorney, Estate Planning attorney, Expungement attorney, Family attorney, Foreclosure attorney, Green Card attorney, Immigration Law attorney, Intellectual Property attorney, Landlord and Tenant attorney, Legal Malpractice attorney, Litigation attorney, Long Term Disability attorney, Medical Malpractice attorney, Military Divorce attorney, Nursing Home attorney, Overtime Pay attorney, Patents attorney, Personal Injury attorney, Probate attorney, Product Liability attorney, Real Estate attorney, SSDI attorney, Securities attorney, Sex Crimes attorney, Harassment Social Security Disability attorney, Tax attorney, Traffic Tickets attorney, Trucking Accident US Citizenship attorney, US Visa attorney, Unemployment Workers Compensation attorney, Wrongful Death attorney, Wrongful Termination attorney
Lex Omni San Jose Attorney lawyers are dedicated to providing free legal services to elders, disabled, veterans, senior citizens within  Santa Clara County community. Pro Bono or free legal services are available (but not limited)  for following areas of the law : Family Law, Immigration, Small Claims, Real Estate, Civil, Estate Planning, Employment, Bankruptcy, Debt Issues, Debtor's rights, Identity Theft.   

 
 

Lex Omni San Jose Attorney Practice Areas Web Sites
 

Affordable Living Trust Lex Omni Law Office

Affordable Living Trust Lex Omni Estate and Trust practice includes estate planning, probate and litigation. Following are most common estate planning needs: advanced health care directive, estate planning for wealth succession and care for minors or dependants, asset preservation and tax-minimizing strategies, special needs trust to ensure the care of individuals with special needs, wills and trusts to avoid the expense and delay of probate, real property tax planning, real estate deed and legal contract preparation, probate law, handling of California probate process, powers of attorney, trust administration, trust amendment, business succession planning. Lex Omni attorneys are experienced trust and probate litigation. Affordable Living Trust Lex Omni represents both beneficiaries and fiduciaries, including high-net-worth individuals and their families, corporate trustees, banks, trust companies, executors, trustees, administrators and other fiduciaries, as well as non-profit organizations.
Affordable Living Trust Lex Omni lawyers assist in litigating trusts and probated disputes involving claims for breach of fiduciary duty, claims for breach of duty of loyalty, environmental claims, investment claims, beneficiary disputes, contested heirship, pretermitted and adopted heirs, charitable pledge disputes, disputed creditor claims, judicial construction and modification of wills and trusts, will and trust contests, will and trust validity, capacity, undue influence, elder abuse, contested powers of attorney, contested accountings, fraudulent transfers, partition actions, spousal right of election, wrongful death recovery, family and estate management disputes, conservatorships and guardianships. Affordable Living Trust Lex Omni Estate and Trust affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Affordable Living Trust Lex Omni Estate and Trust offers significant discounts for small businesses, disabled, veterans and senior citizens. Affordable Living Trust Lex Omni Estate and Trust practice represents clients throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Affordable Living Trust Lex Omni Estate and Trust is also best choice for out-of-state and international clients with personal or business interests in California. For more information follow Affordable Living Trust Lex Omni Law Office link.

Attorney Bay Area - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California. For more information follow Attorney Bay Area Lex Omni Law Office link.

Attorney San Jose  - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Attorney San Jose Lex Omni Law Office link.

Attorney Santa Clara County - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Attorney Santa Clara Lounty Lex Omni Law Office link.

Bay Area Attorney - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Bay Area Attorney Lex Omni Law Office link.

Bay Area Lawyers - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Bay Area Lawyers Lex Omni Law Office link.

Lawyer Bay Area - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Lawyer Bay Area Lex Omni Law Office link.

Lawyer San Jose - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Lawyer San Jose Lex Omni Law Office link.

Lawyer Santa Clara County  - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Lawyer Santa Clara County Lex Omni Law Office link.

Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Lex Omni Law Office link.

Lex Omni Business Law

Lex Omni Business Law legal services include forming business entities, C-corporations, S-Corporations, LLCs and partnerships, purchasing or selling a business, mergers and acquisitions, negotiations with investors, awarding key employees with a minority equity stakes, contracts, agreements and standard sales terms, independent contractor issues, commercial leases, business and civil litigation including lawsuits and arbitration.
Lex Omni Business Law was founded by attorney with hands on real day to day business and tax law experience, with the purpose of serving small and cost-conscious large businesses in Silicon Valley from the early-stage startup companies to dissolution. Lex Omni Business Law caters to startups and small business owners providing them with affordable legal services from formation of corporation or LLC to drafting contractual arrangements made between company founders or plan company's capitalization whether through capital contributions or loans made by founders. Lex Omni Business Law legal services include reviewing lease contracts, employment agreements, distribution contracts and everything in between including the update of corporate minutes. Lex Omni Business Law affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Business Law offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Business Law practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.For more information follow Lex Omni Business Law link.

Lex Omni Contract Law

Lex Omni Contract Law attorneys represent clients in civil matters including breach of contract and business disputes, collections, commercial law, unpaid loans, unpaid accounts receivable for services rendered or goods sold, and enforcement of judgments.
Lex Omni Contract Law litigation practice consists of representing clients in a wide array of business litigation including but not limited to business disputes, complex commercial real estate disputes, contract disputes and valuation litigation. Lex Omni Contract Law attorneys are involved in all aspects of the litigation process, from advising clients on pre-lawsuit issues to drafting pleadings, handling discovery, law and motion matters, settlement negotiations, and trial. Lex Omni Contract Law attorneys will represented clients in both state and federal courts in various administrative proceedings including adversary proceedings in bankruptcy.
Lex Omni Contract Law attorneys also assists clients in various transactional matters, such as business formations, dissolution, mergers, acquisitions, funding, contracts, corporate governance, and general legal compliances well as real estate acquisition, complex leases, and purchase and sale of commercial real estate.   Lex Omni Contract Law affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Contract Law practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California. For more information follow Lex Omni Contract Law link.

Lex Omni Estate and Trust Law

Lex Omni Estate and Trust practice includes estate planning, probate and litigation. Following are most common estate planning needs: advanced health care directive, estate planning for wealth succession and care for minors or dependants, asset preservation and tax-minimizing strategies, special needs trust to ensure the care of individuals with special needs, wills and trusts to avoid the expense and delay of probate, real property tax planning, real estate deed and legal contract preparation, probate law, handling of California probate process, powers of attorney, trust administration, trust amendment, business succession planning. Lex Omni attorneys are experienced trust and probate litigation. Lex Omni represents both beneficiaries and fiduciaries, including high-net-worth individuals and their families, corporate trustees, banks, trust companies, executors, trustees, administrators and other fiduciaries, as well as non-profit organizations.
Lex Omni lawyers assist in litigating trusts and probated disputes involving claims for breach of fiduciary duty, claims for breach of duty of loyalty, environmental claims, investment claims, beneficiary disputes, contested heirship, pretermitted and adopted heirs, charitable pledge disputes, disputed creditor claims, judicial construction and modification of wills and trusts, will and trust contests, will and trust validity, capacity, undue influence, elder abuse, contested powers of attorney, contested accountings, fraudulent transfers, partition actions, spousal right of election, wrongful death recovery, family and estate management disputes, conservatorships and guardianships. Lex Omni Estate and Trust affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Estate and Trust offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Estate and Trust practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.For more information follow Lex Omni Estate & Trust Law link.

Lex Omni Tax Law

As a transactional law practice, Lex Omni has the capability to support any small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. As part of its small business legal support, Lex Omni services local Homeowners Associations and owners, by rendering help in For more information follow Lex Omni Tax Law link.

Lex Omni Bankruptcy Law

Lex Omni Bankruptcy Law attorney is representing individuals and businesses in Chapter 7, Chapter 11 and Chapter 13. The decision regarding which type of bankruptcy chapter is most appropriate for a particular case or client needs to be carefully discussed with Lex Omni attorney in privacy of our office. Many times our client situation has become critical and filing is an emergency in order to stop law suits, collection procedures, avoid real estate foreclosures, car repossessions, wage garnishments. Lex Omni Bankruptcy attorney will file with the Bankruptcy Court as necessary, Chapter 7, Chapter 11 and Chapter 13 to prevent client's loss of home, car, personal property, business property and stop creditors harassment. It is very important to consult with a Lex Omni Bankruptcy attorney and not go "pro se" i.e. advocating on one's own behalf before a court, rather than being represented by a lawyer, because the bankruptcy proceedings are quite complicated and any mistake can be very costly, from loosing property to sanctions by the court .Lex Omni Bankruptcy Law affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Bankruptcy Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Bankruptcy Law practice represents individuals, small businesses, throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Busine Law is also best choice for out-of-state and international clients with business interests in California. For more information follow Lex Omni Bankruptcy Law link.

Lex Omni Real Estate San Jose Attorney

Lex Omni Real Estate Group attorney provides experienced representation and legal advice for a wide real estate matters. Real Estate Laws govern a wide range of transactions with potential for litigation: Commercial Real Estate, Real Estate Dispute, Real Estate Lease, Rental properties, Real Estate Litigation, Real Estate Transaction, Real estate taxes, Property taxes, Residential Real Estate, Escrow Funds, Boundary Disputes, Beneficial Ownership Claims, Investment property, 1031 property exchange, real estate building construction, city permits, zoning, contractors. Lex Omni Real Estate San Jose Attorney affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Real Estate San Jose Attorney offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Real Estate San Jose Attorney practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California. For more information follow Lex Omni Real Estate San Jose Attorney link.

Lex Omni Law

As a transactional law practice, Lex Omni Law has the capability to support any small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts.
Lex Omni Law has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni Law extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni Law services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law offers related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California. For more information follow Lex Omni Law link.

Lex Omni Law Desk

As a transactional law practice, Lex Omni Law Desk has the capability to support any small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Desk has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni Law Desk services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Desk offers related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection. Centered around the needs of small businesses and their owners, Lex Omni Law Desk lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Desk affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Desk offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Desk practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.  For more information follow Lex Omni Law Desk link.

San Jose Attorneys - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow San Jose Attorneys - Lex Omni Law Office link.

San Jose Lawyer - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow San Jose Lawyer - Lex Omni Law Office link.

Santa Clara Attorney - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Santa Clara Attorney - Lex Omni Law Office link.

Santa Clara Lawyer - Lex Omni Law Office

As a transactional law practice, Lex Omni Law Office has the capability to support startups and small business operation from the formation stage to the exit stage, offering legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts. Lex Omni Law Office has been founded with the stated mission of offering quality legal support to small businesses. Owners of small businesses take incredible risks and face extraordinary challenges on a daily basis. Lex Omni law Office extends legal advice and guidance as the cornerstone of informed decisions directly impacting business growth on the long run. As part of its small business legal support, Lex Omni services local Homeowners Associations and Real Estate Owners with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office Lawyers  offer related non-business legal advice. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni Law Office attorney lends its support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni Law Office affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni Law Office offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni Law Office practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.
For more information follow Santa Clara Lawyer - Lex Omni Law Office link.


Lex Omni San Jose Attorney Practice Areas Definition of Terms Used
 

Arbitration for Business

Arbitration is an out-of-court procedure for resolving disputes in which a retired judge -- the arbitrator -- hear evidence and makes a decision. Arbitration is similar to a trial, but typically proceeds much more quickly, with less formality and is less expensive. Arbitration can be binding or not.
Lex Omni San Jose Attorney lawyers routinely use arbitration, mediation and other forms of alternative dispute resolution (ADR) and seek to optimize case outcomes while managing the costs, time and avoid stress of a lawsuit. For more information follow Arbitration for Business link.

Animal Injuries

25 CFR 11.446 - Cruelty to animals. A person commits a misdemeanor if he or she purposely or recklessly subjects any animal in his or her custody to cruel neglect or subjects any animal to cruel mistreatment or kills or injures any animal belonging to another without legal privilege or consent of the owner or causes one animal to fight with another. When your companion animal has been injured or killed the incidents of animal abuse you may file criminal charges, which can result in jail time for perpetrator. Criminal charges are brought on behalf of the state (or city) by the local prosecutor.
You may also file a civil lawsuit, for the purposes of gaining monetary compensation. Tis type of lawsuits are brought by the citizen victim(s), who is often, but not necessarily, represented by a private attorney. If someone has injured or killed your animal companion, you may be entitled to damages–regardless of whether the animal was injured or killed on purpose or accidentally–so long as the conduct was at least negligent. When an animal is injured or killed, you are generally entitled to compensation for the “market value” of the animal, veterinary bills and possibly punitive damages, mental anguish, and loss of companionship. What compensation is available depends entirely on the facts and circumstances of each case, and differs significantly from state to state. For more information follow Animal Injuries link.

Asset Protection

Asset protection trusts is a vehicle for holding an individual's assets to shield them from creditors. Asset protection trusts allow, if it is difficult for a creditor to seize assets, settle with the debtor on favorable terms instead of engaging in costly litigation. This vehicle has complex regulatory requirements, such as being irrevocable and contains a spendthrift clause. An asset protection trust does provide for occasional distributions, but those distributions must only occur at an independent trustee's discretion. Only a few U.S. states allow asset protection trusts. As of 2012, these include Alaska, Delaware, Rhode Island, Nevada and South Dakota. However, one can establish an asset protection trust in these states without residing there. Offshore financial centers like the Cook Islands and Nevis also allow individuals to establish asset protection trusts. The trust's documents and administration, along with some or all of the trust's assets, must be located in the same jurisdiction where the trust was established. For more information follow Asset Protection link.

ADA -Disability Act

ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else.
Equal Employment Opportunity for Individuals with Disabilities title is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation” is a change that accommodates employees with disability without causing the employer “undue hardship”.
Nondiscrimination on the Basis of Disability in State and Local Government Services title prohibits discrimination on the basis of disability by “public entities,” which are programs, services and activities operated by state and local governments. The public entity must make sure its programs, services and activities are accessible to individuals with disabilities.
Public Accommodations title outlines the administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities.
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities title prohibits private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on. Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities.
Telecommunications title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. This title is regulated by the Federal Communication Commission.
Final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees. This title also provides a list of certain conditions that are not to be considered as disabilities. For more information follow ADA Disability Act link.

Assault & Battery

Assault and battery, assault and aggravated assault all involve intentional harm inflicted on one person by another. Any crime involving a physical attack or the threat of an attack is classified as an assault, a battery, or both. Depending on the seriousness of the attack or the type of the weapon used if any, these acts can rise to the level of aggravated assault.
When an assault and battery incident requires hospitalization and extensive medical attention, a personal injury lawsuit may be the best way for the victim to get reimbursement for medical bills and receive compensation for pain and suffering. For more information follow Assault and Battery link.

Asbestos Exposure

Asbestos exposure can happen at workplace or at homes. If products containing asbestos are disturbed, tiny asbestos fibers are released into the air. When asbestos fibers are breathed in, they may get trapped in the lungs and remain there for a long time. Over time, these fibers can accumulate and cause scarring and inflammation, which can affect breathing and lead to serious health problems. Asbestos has been classified as a known human carcinogen (a substance that causes cancer) by the U.S. Department of Health and Human Services, the EPA, and the International Agency for Research on Cancer. Studies have shown that exposure to asbestos may increase the risk of lung cancer and mesothelioma a relatively rare cancer of the thin membranes that line the chest and abdomen. Although rare, mesothelioma is the most common form of cancer associated with asbestos exposure. In addition to lung cancer and mesothelioma, some studies have suggested an association between asbestos exposure and gastrointestinal and colorectal cancers, as well as an elevated risk for cancers of the throat, kidney, esophagus, and gallbladder. For more information follow Asbestos Exposure link.

Auto Defect

Auto defect law or lemon law refers to cars that have repeated, unfixable problems. Under most state laws, a lemon car must have a substantial defect covered by the warranty that occurred within a certain period of time or number of miles after purchase, and not be fixed after a reasonable number of repair attempts. In most states, the lemon law only applies to new cars. Lemon law applies whenever the defect is a serious safety defect involving brakes or steering and it must remain unfixed after one repair attempt. Lemon law applies whenever the defect is not a serious safety defect but it remains unfixed after three or four repair attempts. Lemon law applies whenever the vehicle is in the shop a certain number of days, maxim 30 days in a one-year period to fix one or more substantial warranty defects.
For more information follow Auto Defect- Lemon Law link.

Bankruptcy Law

Bankruptcy is a process in which consumers and businesses can eliminate or repay some or all of their debts under the protection of the federal bankruptcy court. Bankruptcy is a legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor or on behalf of creditors. Debtor's assets if any are evaluated, sold and proceeds are used to repay all or a portion of outstanding debt. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. For more information follow Bankruptcy Law link.

Bill of Transfer and Notice of Assignment - Living Trust

Bill of transfer and notice of assignment document includes: list of real property, financial accounts, stocks and bonds, contract interests, life insurance policies, retirement accounts, business interest and any other types of property including pets. In addition, for each type of property transferred to the trust there is a notarized official notice to appropriate institutions requesting change of the name from grantor's name to the trust name as new owner. Example of such documents are financial account transfer notice addressed to the bank holding the the accounts, assignment of contract to the trust, reissuance of insurance certificate addressed to insurance company, request to change beneficiary of life insurance policy, request to change beneficiary of retirement account, power of attorney for securities transfer and request for reissue of certificates, assignment of business interest and so on,  For more information follow Bill of Transfer and Notice of Assignment - Living Trust link.

Birth Injuries

Birth Injuries are Birth-related medical malpractice cases when a doctor, hospital, or other medical staff acts negligently, failing to use reasonable care and causes injury to the mother or child during pregnancy or delivery, or wrongful birth, when the parents would have ended or avoided a pregnancy if they had known about birth defects, or wrongful pregnancy when the parents' attempt to avoid or end a pregnancy fails. Example of Birth Injuries to the Mother is when doctor or healthcare staff negligently fail to control excessive maternal blood loss post-delivery. Example of injuries to Infant is when doctor or healthcare staff negligently fail to monitor the baby's oxygen intake pre-and-post-delivery. For more information follow Birth Injuries link.

Benzene Exposure

Breathing airborne benzene over long periods of time on the job will cause serious health problems. The United States Department of Health and Human Services classifies benzene as a human carcinogen. Long-term exposure to airborne benzene is known to cause leukemia, particularly acute myeloid leukemia and acute non-lymphocytic leukemia. Benzene is also linked to a life-threatening form of anemia, called aplastic anemia, female infertility, disruption of the menstrual cycle and decreased ovary size as well as damages to the body's immune system. Short-term exposure to low levels of benzene can cause dizziness, drowsiness, irregular or rapid heartbeat, unconsciousness, confusion, tremors, and headaches. Short-term exposure to high levels of benzene can cause death. For more information follow Benzene Exposure link.

Bequest Law

BA bequest is a gift of personal property, as opposed to real property, made in a will. Personal property is generally any movable item. It is also referred to as a legacy. There are different types of bequests that may be made in the terms of a will. Bequests may be "conditional" upon the happening or non-happening of an event, or "executory" in which the gift is contingent upon a possible or certain future event. Bequest can be of specific assets or of the "residue" (what is left after specific gifts, general gifts, and payment of debts have been made). For more information follow Bequest Law link.

Blended Family Trusts

Blended Families are families where one of the spouses or both brings a child or children with them. Also is very possible that both spouses bring assets for the use of the new family. Because of so many different circumstances, blended families Estate Planning can be extremely challenging. In a single marriage family most of the time it makes sense for each child to get the same inheritance when each child has similar needs and is similarly situated in life, each child has received similar support in the past from their parents, and each child is mentally and emotionally capable and responsible. This does not guarantees that the will will not be challenged by one of the heirs. For more information follow Blended Family Trusts link.

Business Litigation

Business Litigation is a complex area of law and includes contractual and tort claims. Contractual claims include breach of contract, fraud, tortious interference with contract, breach of fiduciary duty, infringement of intellectual property rights, and unfair competition. When such business disputes arise, the parties are unable to resolve them through negotiation or arbitration proceedings.
Commercial litigation and business litigation mean any type of corporate controversy that is brought before a court involving several different business entities or between a business entity and one or more individuals. The type of claims implicated by these suits is wide-ranging and include Accounting claims, Breach of Contract, Breach of Fiduciary Duty, Conversion, Copyright Infringement, Dissolution, Fraud, Interference with Business Relationships, Misappropriation of Trade Secrets, Trademark Infringement, Unfair Competition. For more information follow Business Litigation link.

Business & Commercial Law

The term “business law” actually includes three separate, but related, areas of the law: corporate law, securities law and commercial law. Commercial law governs the broad areas of business, commerce, and consumer transactions. There are specific laws developed for specific commercial fields: Banking, Bankruptcy, Consumer credit, Contracts, Debtor and creditor, Landlord-tenant, Mortgages, Negotiable instruments, Real estate transactions, Sales, Secured transactions.
The Uniform Commercial Code (UCC) is the result of an effort to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.
The Uniform Commercial Code, has been substantially adopted as statutory law in nearly every state, governs numerous areas of commercial law. Currently Uniform Commercial Code includes thirteen Articles: Article 1 (General Provisions), Article 2 (Sales), Article 2A (Leases), Article 3 (Negotiable Instruments), Article 4 (Bank Deposits), Article 4A (Funds Transfers), Article 5 (Letters of Credit), Article 6 (Bulk Sales), Article 7 (Warehouse Receipts), Article 8 (Investment Securities), Article 9 (Secured Transactions), Article 10 (Effective Date and Repealer), Article 11 (Effective Date and Transition Provisions). Here is more information about some of the UCC articles.
Art. 1 General Provisions: UCC Article 1 deals with definitions as well as the rules of interpretation of the provisions.
Art. 2 Sales: UCC Article 2 applies to transactions of goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this Article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.
Art. 2A Leases: UCC Article 2A applies to any transaction, regardless of form, that creates a lease.
Art. 3 Negotiable Instruments : UCC Article 3 applies to negotiable instruments. It does not apply to money, to payment orders governed by Article 4A, or to securities governed by Article 8. If there is conflict between this Article and Article 4 or 9, Articles 4 and 9 govern. Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this Article to the extent of inconsistency.
Art. 4 Bank Deposits: UCC Article 4 covers the liability of a bank for action or non-action with respect to an item handled by it for purposes of presentment, payment, or collection. The law of the place where the bank is located governs. In the case of action or non-action by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.
Art. 5 Letters of Credit: UCC Article 5 applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.
Art. 6 Bulk Transfers: UCC Article 6 applies to bulk sales auctions and liquidations of assets.
Art. 7 Warehouse Receipts, Bills of Lading and Other Documents of Title: UCC Article 7 deals with storage and bailment of goods.
Art. 8 Investment Securities: UCC Article 8 applies to a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered. An investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.
Art. 9 Secured Transactions: UCC Article 9 applies to:
(1) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
(2) an agricultural lien;
(3) a sale of accounts, chattel paper, payment intangibles, or promissory notes;
(4) a consignment; and
(5) a security interest. However, interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply. For more information follow Business and Commercial Law link.

Business Succession Planning

Establishing a sound business succession plan is important and absolutely necessary for most small business owners. There are five important reasons to plan for ownership and management succession:
1) Taxes **A succession plan can reduce or completely avoid estate taxes and insure that the business owner's family gets the maximum benefit.
2) Risk **The longer a business owner waits to design and implement a succession plan, the higher the risk that the plan will not meet their goals. The risks also
increase with the age of the entrepreneur because business could fail along with the health of the business owner.
3) Options **The longer succession planning is postponed, the fewer options owners have to meet their goals. All business owners want to provide continued income
for family members and provide jobs for employees.
4) Control **A sound succession plan will ensure that the business owner and heirs retain control over the enterprise. No succession plan in place or a poorly designed one opens up the business to probate proceedings that can easily wipe out the business financial resources and even can cause it to fail leaving
beneficiary with attorneys bills instead.
5) Value **Unless younger family members are involved in day to day business management, there is a 100% risk that the business owner will die and so will the business he created. The day the business owner dies, the value of the business will drop, loosing any ongoing concern value as well as any goodwill. What is left will be sold for 5 to 10 cents on the dollar.
To learn more about Business Succession Planning, Valuation, Keeping It in the Family, Buy-Sell Agreements, Gifting of Shares, Trusts, Management Buyout, Sale to Employees, Sale to an Outsider, Liquidation of the Business, and more follow Business Succession Planning link.

Business Valuation

Business Valuation is the process of determining the economic value of a business or company. Business valuation can be used to determine the fair value of a business for a variety of reasons, including sale value, establishing partner ownership or divorce proceedings.
Business valuation is done for tax purposes, such as estate settlement, income tax or property tax disputes, or litigation. Other situations that could require a valuation include mergers and acquisitions, bankruptcy, estate planning, gifting of minority stock interests, qualifying for a loan, or taking on an investor.
Often times, owners will turn to professional business valuators for an objective estimate of the business value. Business valuation includes a wide array of fields and methods that can vary between valuators, businesses and industries. In general business valuation process include review of financial statements, discounting cash flow models, and similar company comparisons. In general, business owners will turn to professional business valuators for an objective estimate of the business value. For more information follow Business Valuation link.

California Disability Discrimination

Americans with Disabilities Act ADA is a wide-ranging civil rights law that is intended to protect against discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
ADA disabilities include both mental and physical medical conditions. A condition does not need to be severe or permanent to be a disability. Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: deafness, blindness, an intellectual disability, partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, Human Immunodeficiency Virus (HIV) infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia. Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" (medication, therapy, assistive devices, or other means of restoring function), during an "active episode" of the condition. Certain specific conditions that are widely considered anti-social, or tend to result in illegal activity are excluded under the definition of disability. For more information follow California Disability Discrimination link.

Certificate of Trust - Living Trust

A Certificate of Trust Existence and Authority  is required before transferring any assets to a trust. Certificate of Trust Existence and Authority is a Certificate of Trust which is none other than a summary or quotation of selected parts of the trust. Its purpose is to allow a person to know the correct name of the trust and to be sure that the trust has power over its assets. It usually does not identify the beneficiaries or the assets, so that information is kept confidential. Attorneys prepare both a Trust and a Certificate of Trust Existence and Authority at the same time. Before transferring a bank account from testator name to the trust name, the bank clerk will usually wish to see a copy of the trust. In order to keep the terms of the trust confidential, a copy of the Certificate of Trust Existence and Authority will be sufficient instead. The bank does not usually require any further information than the Certificate of Trust Existence and Authority provides. Certificate of trust includes name of trust, trust property listed in declaration of trust, name of the trustee, powers of the trustee, right of testator or grantor to revoke the trust, trustee's signature and public notary acknowledgement and seal.  For more information follow Certificate of Trust Existence and Authority -Certificate of Trust link.

Contract Dispute

A contract dispute occurs when any party in a contract has a disagreement regarding any of the contract terms or definitions. In order for a contract to be valid, there must be a "meeting of the minds." This means that all parties need to have a solid understanding of every contract term, and must be in mutual agreement as to the terms. Without a mutual agreement, the contract is not legally valid and may be contested in court. In contract law, a contract dispute is usually considered a breach of contract, meaning that a party failed to perform a duty or promise that they agreed to in the contract. There are two different types of contract breaches: Material Breach and Minor Breach.
A material breach in a contract occurs when a party fails to perform a contractual duty and the breach is so crucial and deep that it makes the agreement or purpose of the contract irreparable. Usually this occurs when the heart of the contract is not satisfied because of the breach. When a material breach occurs, the non-breaching party does not have to perform their end of the contract and can sue the breaching party in return for any damages caused by the breach.
A minor breach occurs when there is a breach of contract by a party, but the breach is very minor and does not disrupt the heart of the contract. When minor breach occurs, both parties must still carry out the remainder of the contract, but the non-breaching party may sue for damages. Contract formation can often be a lengthy and involved process. There are many steps that need to be fulfilled along the way. In order for a valid contract to be formed, there
must be an offer, an acceptance of the offer and some form of consideration or payment for the goods or services at issue. For more information follow Contract Dispute link.

Corporate Law

Corporate law deals with the formation of corporations, as well as their interactions with other companies, individuals, and the public. Corporations are specific types of business structures that have specific characteristics such as: Decreased or limited liability of members of the company, Separate legal personality of the company (i.e., a corporation may be treated as an “individual” for some purposes), Different rules regarding stocks and ownership of the company, Increased rights and responsibilities of directors and other leaders, Preferential tax treatment in some states. Corporation law outlines how a company can become a corporation, and how corporations are allowed to participate in the economic marketplace. Corporation law is sometimes referred to as “company law” or “corporations law.”
Corporate laws involve a number of legal issues related to the creation and operation of corporations. These can include: Incorporation and filing processes (i.e., creating bylaws and other corporate formalities), Securities issues such as those involving stocks, shareholders agreements, and other investments in the company, Member liability, Rights of the board of directors and other key figures, Disputes between corporations and other businesses, Business mergers and takeovers, Dissolution or termination of a corporate entity. These types of legal issues tend to affect many different parties. Although corporations are considered as individuals for legal purposes, legal issues with a corporation can affect the board of directors, company workers, consumers, and many other people.For more information follow Corporate Law link.

Copyright and Trademark Registration

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or photo records of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and service marks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. For more information follow Copyright and Trademark Registration link.

Catastrophic Injuries

A catastrophic injury is one that severely injures a plaintiff and leads to long-term, if not permanent, disability and disfigurement. While there is no exact legal definition of catastrophic injury, they often entail a difficult recovery process, multiple surgeries, and possibly a lifetime of medical treatment. A plaintiff suffering a catastrophic injury may also be unable to return to work, either in his or her chosen field or any field at all. One of the key factors in whether an injury is designated as catastrophic is the debilitating nature of the injury, and the extent to which that debilitation is expected to continue. If the injured person will be unable to perform all of life’s functions on a long-term basis, and will require some level of assistance, then the injury is likely to be deemed catastrophic. Another key factor is the impact that it has on the life and livelihood of the victim. Long-term injuries that result in some level of permanent disability and prevent the victim from earning a living (in the same or similar line of work they were in pre-injury) will likely be considered catastrophic. Several examples of injuries that might be considered catastrophic for purposes of an injury claim include spinal cord injuries, traumatic brain injuries, injuries that result in partial or total paralysis, injuries that result in the loss of a limb, severe burn injuries, and injuries that result in disfigurement and significant scarring. For more information follow Catastrophic Injuries link.

Car/Motorcycle Accidents

Car or Motorcycle accident law refers to the legal rules that determine who is responsible for the personal and property damage resulting from a traffic collision. This area of the law consists of the principles of negligence, as applied to this particular category of personal injury cases. Like other cases in which negligence law applies, car accident litigation is governed almost entirely by state law. Car accident victims in every state must prove the same basic four elements in order to recover compensation. These elements are: duty, breach, causation, and harm. With respect to duty, drivers have a legal obligation to obey the rules of the road and to operate their vehicles in a reasonable manner. This means driving a safe speed, maintaining control, exercising awareness, observing traffic signals, using blinkers and headlights, etc. The existence of a duty is typically accepted without much argument. By contrast, the plaintiff will usually be required to offer evidence that the defendant breached that duty. Breach can be shown by direct evidence, such as eyewitness testimony, traffic surveillance video, or an admission of fault. Or, the plaintiff may need to resort to circumstantial evidence, such as skid marks, paint smudges, or blood alcohol readings. Just because the defendant had a duty to operate his or her vehicle in a certain manner, and it is shown that the defendant breached that duty, the court will not assume those circumstances caused the plaintiff’s injuries. Rather, the plaintiff must prove the element of causation. In car accident cases, this can be done through medical testimony demonstrating the injuries are consistent with the nature of the crash, and that they did not exist beforehand. Finally, the plaintiff must prove harm. No matter how egregious the other driver’s conduct was behind the wheel, the plaintiff cannot bring a negligence lawsuit unless the conduct produced damage to the plaintiff’s person or vehicle. “Near miss” cases will not qualify. Once harm is shown, the plaintiff may be entitled to compensation for medical expenses, pain and grief, lost wages, and more. For more information follow Car/Motorcycle Accidents link.

Construction Accidents

Construction Accidents Law deals with the personal injury and wrongful death cases resulting from construction accidents, as well as the safety laws, regulations and standards governing the construction industry. The Occupational Safety and Health Administration (OSHA) is the governing regulatory body for construction site safety. Construction accidents can range from minor to catastrophic. The types of injuries one can sustain from these accidents include: amputations, blindness, deafness, broken bones, broken back, burns, coma, concussion, paralysis, severed spinal cord, Traumatic Brain Injury and so on. Construction Accidents can result from the negligence of victim or others, faulty construction equipment, defective products, defective tools or machines, inadequate safety or equipment training or negligent or reckless co-workers. Some construction workers are limited by law to receiving only workers’ compensation for their Construction Accident injuries. Sometimes workers can also recover damages from partially or completely responsible parties, who are not their employer, for causing their injuries, based upon theories of negligence and product liability. If a worker is hurt due to factors other than job safety, such as defective tools or equipment, the injured worker may be able to file a personal injury claim against the manufacturer. They also may be able to recover damages from the owner of the site and the general contractor. The responsible party may be held liable for damages, including medical bills, loss of wages, and pain and suffering. Various entities may be liable for construction accidents. They include the construction site owner, architects and engineering professionals, contractors, construction managers, and manufacturers of construction machinery or equipment. For more information follow Construction Accidents link.

Criminal Defense

Criminal defense is a strategic argument meant to challenge the validity of evidence and/or sufficiency of the evidence presented by prosecution. Affirmative Criminal Defense attorneys attempt to strike down the prosecutions evidence by showing that it is false. Affirmative defense requires that the defendant, along
with his or her criminal attorney, produce evidence in support of the defense. The Insanity Defense states that defendant committed the alleged crime but had did not know that what he did was wrong. For insanity defense to work defendant must have had a severe mental disease or defect at the time the crime was committed. Insanity defense attorney must present clear and convincing evidence that defendant has such a mental disease or defect and that this disease or defect prevented defendant to understand that his or her actions were wrong.
Coercion and duress is an affirmative criminal defense that basically says that defendant was forced to commit a crime because he or she was threatened with unlawful force. The unlawful force does not have to actually occur. The threat of unlawful force against the defendant or an other person or family member can be enough to satisfy the coercion defense. Other types of criminal defense are abandonment and withdrawal, self defense, consent, intoxication, statute of limitation. For more information follow Criminal Defense link.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is a liquidation proceeding in which the debtor's non-exempt assets, if any, are sold by the Chapter 7 trustee and the proceeds distributed to creditors according to the priorities established in the Code. Eligibility to file Chapter 7 is determined by the means test instituted with the 2005 amendments to the bankruptcy code. In most consumer cases, all the assets are exempt, and therefore there are no assets to liquidate and there is no dividend to creditors. Chapter 7 is generally the simplest and quickest form of bankruptcy and is available to individuals, married couples, corporations and partnerships. For more information follow Chapter 7 Bankruptcy link.

Chapter 11 Personal Bankruptcy

Chapter 11 personal bankruptcy may be the choice for individuals because their debts are too high, or they have very complex finances or individuals with large non dischargeable claims and assets to protect that need to buy time, individuals facing execution on a judgment that is on appeal or individuals with significant assets but facing short term liquidity problems and who can benefit from some time to restructure their debts.  For more information follow Chapter 11 Personal Bankruptcy link.

Chapter 11 Business Bankruptcy

Chapter 11 bankruptcy is a form of bankruptcy reorganization available to individuals, corporations and partnerships. It is the usual choice for large businesses seeking to restructure their debt. U.S. bankruptcy code 11, Chapter 11 is a form of bankruptcy that involves reorganization of a debtor's business affairs and assets. Usually is filed by corporations which require time to restructure their debts. Chapter 11 gives the debtor a fresh start, subject to the debtor's fulfillment of its obligations under its plan of reorganization. Chapter 11 reorganization is the most complex of all bankruptcy chapters and also is the most expensive and should be considered only after careful review of all other alternatives. Chapter 11 bankruptcy is the most flexible of all the chapters and in general most expensive for the debtor. For more information follow Chapter 11 Business Bankruptcy link.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a U.S. bankruptcy proceeding in which the debtor undertakes a reorganization of his or her finances under the supervision and approval of the courts. As part of the reorganization, the debtor must submit and follow through with a plan to repay outstanding creditors within three to five years. Because debtor is paying most of the debts over time, Chapter 13 bankruptcy is also called reorganization bankruptcy. In Chapter 13 bankruptcy proceedings debtor's secured debts cannot exceed $1,149,525 and unsecured debts cannot be more than $383,175. For debts much less than these amounts read about Chapter 7 . For debt  exceeding these amounts read about personal Chapter 11 bankruptcy. For more information follow Chapter 13 Bankruptcy link.

Civil Litigation

Civil Litigation is a legal dispute between parties in which money damages, or an order requiring the performance of a specific act. Civil litigation does not seek criminal sanctions. Civil litigation is the process in which civil matters are resolved in a court of law. Civil matters can be described as situations dealing with relationships between people, such as a marriage, or a contract dispute. Civil laws are made by legislators, not through decisions rendered by judges, and are contained in a book of statutes. The Civil litigation proceedings are governed by these statutes. Civil litigation is a term of art which distinguishes lawyer Court work in the non-criminal stream of actions in law. It encompasses not just the representations made in court but also the pre-trial procedures including interlocutory hearings, and the port-trial procedures such as costs and enforcement of a judgment. For more information follow Civil Litigation link.

Charitable Gifts

A charitable gift is property that is donated by an individual or organization for the benefit of the public. A charitable gift is meant for use by an indefinite number of people. Similarly, charitable trusts or public trusts are trusts of religious, political, or general social interests, or for the relief of poverty or the advancement of education. Charities are supported by gifts from donors and most states have set forth statutes controlling the manner in which funds are solicited for charities. Charitable gifts are often testamentary, or created by will. If there is a problem in determining the actual donative intent of the testator, the court might have to pass on his or her intent. Cy Pres is a doctrine applied by a court so that it can carry out a trust made by will for charitable purposes even when the testator's charitable purpose can not be accomplished in the precise manner specified by the testator. For more information follow Charitable Gifts link.

Charitable Trust

Charitable Trust is established when real or personal property given by one person is held by another to be used for the benefit of a class of persons or the general public. The law favors charitable trusts, sometimes called public trusts, by according them certain privileges, such as an advantageous tax status. Before a court will enforce a charitable trust, however, it must examine the charity and evaluate its social benefits. The court cannot rely on the view of the settlor, the one who establishes the trust, that the trust is charitable. In order to be valid, a charitable trust must fulfill certain requirements. The settlor must intend to create this type of trust. There must be a trustee to administer the trust, which must consist of some res or trust property. The charitable purpose must be expressly designated. A definite class of persons comprised of indefinite beneficiaries within it must actually receive the benefit. The requirements of intention, the trustee, and the res are the same in a charitable trust as they are in any other trust. For more information follow Charitable Trust link.

Codicil Law - Amending a Will

A codicil is a written supplement to a person's will, which must be dated, signed and witnessed under the same legal rules applicable to the making of the original will, and must make some reference to the will it amends. A codicil can add to, subtract from, revoke or modify the terms of the original will. When the person dies, both the original will and the codicil are subject to the probate process and form the basis for administration of the estate and distribution of the assets of the deceased. A codicil is used to avoid rewriting the entire will. A codicil should reference each section number of the will and the specific language that will be affected. It is important that a codicil is as clear and precise as possible to avoid undue complications. For more information follow Codicil Law - Amending a Will link.

Conservatorship of the Estate

Conservatorship of the estate is established when a designated person is assigned to manage an other person's personal finances and/or estate. Conservatorship is usually established during a hearing before a judge. A person under conservatorship is termed a conservatee  and the person who makes the choices a conservator. Conservatorships proceedings are time-consuming and expensive as they often require court hearings and the ongoing assistance of a lawyer. Conservator must keep detailed records and file court papers on a regular basis. All court proceedings and documents are a matter of public record. Conservators are subject to court supervision, which provides a powerful safeguard for an incapacitated adult's property. Courts require conservators to provide periodic reports detailing their actions managing the estate. Courts require the conservator to seek permission before making major decisions, such as selling real estate (for a financial conservator) or terminating life-support (for a conservator in charge of health care decisions). For more information follow Conservatorship of the Estate link.

Discrimination

Discrimination is the act of denying rights, benefits, justice, equitable treatment, or access to facilities available to all others, to an individual or group of people because of their race, age, gender, handicap or other defining characteristic. Discrimination is unequal treatment of persons, for a reason which has nothing to do with legal rights or ability. Federal and state laws prohibit discrimination in employment, availability of housing, rates of pay, right to promotion, educational opportunity, civil rights, and use of facilities based on race, nationality, creed, color, age, sex or sexual orientation. The rights to protest discrimination or enforce one's rights to equal treatment are provided in various federal and state laws, which allow for private lawsuits with the right to damages. There are numerous federal and state commissions to investigate and enforce equal rights. For more information follow Discrimination link.

Disciplinary Actions by Employers

Disciplinary action is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. The primary purpose for discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists. The process features efforts to provide feedback to the employee so he or she can correct the problem. The goal of discipline is to improve employee performance. An employer may use several disciplinary methods usually in following ascending sequence: Verbally reprimand the employee for poor performance, Provide a written verbal warning in the employee's file, in an effort to improve employee performance, Provide an escalating number of days in which the employee is suspended from work, End the employment of an individual who refuses to improve. For more information follow Disciplinary Actions by Employers link.

DUI-Driving Under the Influence

Driving under the influence (DUI) commonly called "drunk driving," it refers to operating a motor vehicle while one's blood alcohol content is above the legal limit set by statute, which is the level at which a person cannot drive safely. State statutes vary as to what that level is, but it ranges from .08 to .10. Driving under the influence (DUI) is a misdemeanor. DUI is the crime of driving a vehicle while drunk. DUI refers also to a person who is arrested for driving a vehicle while drunk. For more information follow DUI-Driving Under the Influence link.

Disability Retirement

Disability under the Retirement Act (CSRS) is defined as follows: Disabled and disability mean unable or inability, because of disease or injury, to render useful and efficient service in the employee's current position, or in a vacant position in the same agency at the same grade or pay level for which the individual is qualified for reassignment. Medical condition means a health impairment resulting from a disease or injury, including a psychiatric disease. Useful and efficient service means acceptable performance of the critical or essential elements of the position and satisfactory conduct and attendance. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee's position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For more information follow Disability Retirement link.

Divorce

Divorce is a court decree that terminates a marriage; Divorce is also known as marital dissolution. A divorce decree establishes the new relations between the parties, including their duties and obligations relating to property that they own, support responsibilities of either or both of them, and provisions for any children if any. Divorce law provides legal solutions for issues that the Husband and Wife are unable to resolve through mutual cooperation. No fault divorce is in which neither spouse is required to prove "fault" or marital misconduct on the part of the other. To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defense to a divorce petition i.e. a spouse cannot threaten to "fight" a divorce, there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favorable to the "innocent" spouse. Divorce laws have inverted the involvement of courts. The issue of whether a divorce should be granted is now generally decided by one or both of the spouses. Contemporary courts are more involved in determining the legal ramifications of the marriage breakup, such as spousal maintenance, Child Support, and Child Custody. Other legal issues relating to divorce include court jurisdiction, antenuptial and postnuptial agreements, and the right to obtain a divorce. State laws govern a wide range of divorce issues, but district, county, and family courts are given broad discretion in fixing legal obligations between the parties. For more information follow Divorce link.

Delayed Gifting Trust

Arbitration is an out-of-court procedure for resolving disputes in which a retired judge -- the arbitrator -- hear evidence and makes a decision. Arbitration is similar to a trial, but typically proceeds much more quickly, with less formality and is less expensive. Arbitration can be binding or not.
Lex Omni lawyers routinely use arbitration, mediation and other forms of alternative dispute resolution (ADR) and seek to optimize case outcomes while managing the costs, time and avoid stress of a lawsuit. For more information follow Harassment link.

 

Debt Collection

Debt collection is a deliberate attempt by a business to collect an obligation that has become past due. In normal transactions between two businesses, an invoice is rendered and payment is due within 30 days—unless, by special arrangement, a more generous schedule of payments has been agreed upon. Retail customers usually pay cash at time of purchase or, common in medical practices, are billed for portions not covered by insurance; payment is due some reasonable time after billing, e.g., five days or a week. After these time periods have passed, the payment is past due. In normal accounting practice, overdue payables are classified as 30-, 60-, and 90-day past due, and the accounting department routinely sends out "past-due" notices. Once an account is more than 90 days overdue, it becomes problematical and requires special action. In effect the buyer is now using the seller's money without compensation. According to the Federal Fair Debt Collection Act, a debt collector is any person, other than the creditor, who regularly collects debts owed to others. Federal Fair Debt Collection Act was amended in 1986 to include attorneys who collect debt on a regular basis. For more information follow Debt Collection link.

Debt Settlement

Debt settlement means an action or negotiation made on behalf of a consumer with that consumer's creditors for the purpose of the creditor forgiving part or the entire principal of the debt incurred or credit extended to that consumer. The term debt settlement shall not include any action taken to convince a creditor to waive any fees or charges. It is also known as debt arbitration, debt negotiation or credit settlement. The debts such as credit card debts, other unsecured credit card debts, medical bills, gas/store card debts, and personal loans can also be settled by way of debt settlement. However, tax debts, alimony, child support, mortgages, car loans, and federal student loans cannot be settled in a debt settlement program. For more information follow Debt Settlement link.

Deed of Trust

A deed of trust is a document which pledges real property to secure a loan, used instead of a mortgage in certain states. A deed of trust involves a third party called a trustee, usually a title insurance company or escrow company, who acts on behalf of the lender. When a buyer signs a deed of trust, he/she in effect are giving a trustee title (ownership) of the property, but he/she holds the rights and privileges to use and live in or on the property. The trustee holds the original deed for the property until he/she repays the loan. When the loan is fully paid, the trustor requests the trustee to return the title by reconveyance. If the loan becomes delinquent the beneficiary can file a notice of default and, if the loan is not brought current, can demand that the trustee begin foreclosure on the property so that the beneficiary may either be paid or obtain title. Unlike a mortgage, a deed of trust also gives the trustee the right to foreclose on he/she property without the court involvement. For more information follow Deed of Trust link.

Defamation

Defamation is the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease or being unable to perform one's occupation are called libel per se or slander per se and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed. Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error.  For more information follow Defamation link.

Disability Law

Disability law is mainly governed by the Americans with Disabilities Act (ADA) of 1990. The Equal Employment Opportunity Commission (EEOC) and the Department of Justice administer the ADA. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services. Other statutes prohibiting discrimination against individuals with disabilities include the Fair Housing Act, Rehabilitation Act, Air Carrier Access Act, and the Individuals with Disabilities Education Act. For example, under the Fair Housing Act, it is unlawful to discriminate in any aspect of selling, renting, or denying housing because of an individual's disability. The Individuals with Disabilities Education Act requires public schools to make available a free appropriate public education in the least restrictive environment to all eligible children with disabilities, according to their needs. For more information follow Disability Law link.

Drug Crimes

Drug Crimes and drug charges legal area, also referred to as Drug Crimes law, is a subset of Criminal law and overlaps with Criminal Defense law.  Drug Crimes laws are created to deal with illegal drug possession, use, manufacture, trafficking and other related transactions, as well as their enforcement and with legal defenses of the associated charges. This refers to both “street” drugs, which are strictly illegal, and drugs subject to Controlled Substances law, which are regulated by state and federal laws. Most drug charges are classified as felonies but the seriousness of the offence and subsequent punishment is most often determined by the type of drug involved and, if applicable, its classification under the drug schedule, the quantity the offender is found with, whether there is intent to sell and/or distribute and other relevant factors. A conviction for drug trafficking carries stiff penalties as well as dire consequences above and beyond criminal punishment, such as denial of federal benefits and forfeiture of real estate and personal property.  For more information follow Drug Crimes link.

Durable Power of Attorney

A power of attorney in general is a legal document appointing another person to act in the maker’s place when the maker is unable to take action personally. The maker is called the principal and the person authorized to act on the principal’s behalf is called the agent or attorney-in-fact. All powers of attorney terminate on the death of the principal. A principal may also revoke the power of attorney at any time as long as he or she is competent. A successor agent may be named in the power of attorney to prevent it from lapsing if the first named agent dies or is unable to serve. There are various types of powers of attorney; they can be either general, durable or limited. Some states have also adopted a statutory power of attorney. A general power of attorney grants the agent broad powers to act in regard to the principal’s assets and property while the principal is alive and not incapacitated. A durable power of attorney will remain effective even if the principal becomes incapacitated. A special or limited power of attorney restricts the agent’s action to a particular purpose in order to handle specific matters when the principal is unavailable or unable to do so. For more information follow Durable Power of Attorney link.

Dynasty Trust

A dynasty trust is a trust designed to hold assets for many generations. Most other trusts are designed so that the trust assets will be distributed to the beneficiaries at staggered ages (e.g., one-third at age 25, one-half of the balance at age 30, and the balance at age 35). A dynasty trust, on the other hand, is drafted to encourage the trustee to hold as much of the assets in trust for as long as possible. The beneficiaries are permitted to have some limited access to the trust property but they generally will not receive it outright. By keeping the funds in trust, it keeps the funds safe from estate taxes, creditors, and divorcing spouses. For more information follow Dynasty Trust link.

Employment Agreements

Employment agreement is an agreement entered into between an employer and an employee at the time the employee is hired that outlines the exact nature of their business relationship, specifically what compensation the employee will receive in exchange for specific work performed .Employment contracts also help protect critical trade secrets, and are especially critical in high-tech companies. An employment contract can prohibit employees from revealing company secrets, working for the competition or soliciting customers. Contracts also clarify individual jobs by spelling out employees' responsibilities, compensation, bonuses, stock options, rights to any inventions and patents, expense accounts and more. Employers can include an "evergreen" clause stating that the contract automatically renews on a given day each year if neither side provides notice of termination. Employment agreement often include an arbitration clause can ensure that any employment-related dispute will be subject to binding arbitration rather than played out in court, which can be expensive and time-consuming. For more information follow Employment Agreements link.

Employment Law

Employment law governs the rights and duties between employers and workers. Also referred to as labor law, these rules are primarily designed to keep workers safe and make sure they are treated fairly, although laws are in place to protect employers’ interests as well. Employment laws are based on federal and state constitutions, legislation, administrative rules, and court opinions. A particular employment relationship may also be governed by contract.
The employment law presumes that employment relationships are at will. That is to say, employers and employees are free to terminate the relationship at any time and for any reason. This presumption can be overcome by showing the parties entered into an employment contract or made other promises regarding when and how the relationship would end. Courts will also ignore the at will presumption when one of several exceptions applies. The most common exceptions involve matters of public policy. For example, employers cannot fire workers for discriminatory reasons. Likewise, they cannot fire an employee in retaliation for filing a worker’s compensation claim, or for disclosing a violation of law to the authorities (whistle blowing). For more information follow Employment Law link.

Elective Share Law

Elective shares are governed by state laws, which vary by state. Under such laws, the surviving spouse has historically had the option of either: -accepting what was provided to him or her pursuant to the decedent’s will; or - electing to take a fixed portion of the decedent’s probate estate property. The rationale for granting an election to the surviving spouse is to ensure that the surviving spouse received at a minimum amount of the decedent’s wealth which, in many cases, was accrued during the marriage. For more information follow Elective Share Law link.

Elder Financial Abuse

Elder financial abuse spans a broad spectrum of conduct, including, Taking money or property, Forging an older person's signature, Getting an older person to sign a deed, will, or power of attorney through deception, coercion, or undue influence, using the older person's property or possessions without permission, promising lifelong care in exchange for money or property and not following through on the promise, confidence crimes are the use of deception to gain victims' confidence, Scams are fraudulent or deceptive acts, Fraud is the use of deception, trickery, false pretence, or dishonest acts or statements for financial gain, Telemarketing scams where perpetrators call victims and use deception, scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims' credit cards without authorization. For more information follow Elder Financial Abuse link.

Estate Administration

Administration of estates refers to management and settlement of estates of an intestate. Intestate is a person who dies without a legal will. Administration of estates is usually done under court supervision by appointing a person duly qualified and legally appointed. The person so appointed is called an administrator. The administrator is responsible for administering and settling the estate pursuant to the state statutory rules of descent and distribution. The responsibilities of an administrator include collection of decedents’ assets, payment of debts and claims against the estate, payment of estate taxes, distribution of remainder of the estate among those entitled thereto. For more information follow Estate Administration link.

Estate Law

Estate Law includes is the law governing most of estate planning and administration and these laws are created primarily on the state level and therefore vary greatly. The Uniform Probate Code (UPC) has sought to clarify, unify and modernize these laws throughout all the U.S states and D.C., but to date, only about 30% have completely adopted the Code, while some of the remaining state have only implemented parts of it. Estate related tax issues, such as gift tax laws and federal estate tax, and various college savings plans are regulated by federal as well as state laws. For more information follow Estate Law link.

Estate Planning

Estate planning is a collection of preparation tasks that serve to manage an individual's asset base in the event of their incapacitation or death, including the bequest of assets to heirs and the settlement of estate taxes. Most estate plans are set up with the help of an attorney experienced in estate law. Some of the major estate planning tasks include creating a will, limiting estate taxes by setting up trust accounts in the name of beneficiaries, establishing a guardian for living dependents, naming an executor of the estate to oversee the terms of the will, creating/updating beneficiaries on plans such as life insurance, IRAs and 401(k)s, setting up funeral arrangements, establishing annual gifting to reduce the taxable estate, setting up durable power of attorney to direct other assets and investments. Estate planning is an ongoing process and should be started as soon as one has any measurable asset base. As life progresses the estate plan should move to be in line with new goals. Lack of adequate estate planning can cause undue financial burdens to loved ones (estate taxes can run higher than 40%), so at the very least a will should be set up even if the taxable estate is not large. For more information follow Estate Planning link.

Ethical Will

Ethical Will is a document or materials in which a person expresses the beliefs and experiences that have mattered most in his or her life. An ethical will has no legal significance. Ethical will is intended to convey the maker's core values to loved ones. Unlike a legal will, which specifies the disposition of wealth and material possessions, an ethical will provide a way to impart one's values, morals and beliefs to those they care about. For more information follow Ethical Will link.

Family Law

Family law consists of a body of laws related to domestic relations and family related issues. Family law deals with the nature of marriage, civil unions, and domestic partnership; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and matters such as divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards. Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel. The vast majority of family law proceedings come about as a result of the termination of a marriage or romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. Spouses married a short time may seek an annulment, and special rights may exist between same-sex couples. The division of property at the end of a marriage is also a common issue in family law cases. The issue of child custody is the most common dispute in family court. As should be expected, parents are extremely concerned with the safety, education, and overall wellbeing of their children. Custody decisions become even more difficult following a divorce or breakup, as parents tend to be distrustful of each other at these times. Regardless of the state of affairs between the parents, judges will always decide custody based on “the best interests of the child.”  For more information follow Family Law link.

Family Trust

A family trust is a trust created to benefit persons who are related to one another by blood, affinity, or law. It can be established by a family member for the benefit of the members of the family group. Family trusts acts as an instrument to pass on the assets to future generations. A family trust is a trust in which the beneficiaries are all members of the same family. "Family" means the grantor, the grantor's spouse, parents, grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses and lineal descendant of any of them, and the grantor's and grantor's spouse's heirs under a statute of descent and distribution. A family partnership or family trust also includes charitable entities, other family partnerships and family trusts of the grantor, and charitable remainder and charitable lead trusts, if all the beneficiaries are charitable entities or members of the grantor's family. For more information follow Family Trust link.

FELA Railroad Injuries

The Federal Employers' Liability Act (FELA) is the sole and exclusive remedy in an action brought by a railroad employee against his employer. Generally, lawsuits brought under the FELA may be brought in either state or federal court. Although workers in other industries are covered by state worker's compensation laws that restrict recovery to economic losses only, the FELA typically allows railroad employees to recover other damages, such as lost earnings, past and future, compensation for pain and suffering, and payment for the employee's reduced ability to earn a wage because of the injuries suffered. FELA awards are generally much higher than those of workers’ compensation claims. FELA uses the legal doctrine of “comparative negligence”. This means that the jury determines the percentage of negligence for which each party is liable and this establishes the percentage of the award to be allocated to the worker.  For more information follow FELA Railroad Injuries link.

Fiduciary Duties

A fiduciary duty is a legal duty to act solely in another party's interests. Parties owing this duty are called fiduciaries. The individuals to whom they owe a duty are called principals. Fiduciaries may not profit from their relationship with their principals unless they have the principals' express informed consent. They also have a duty to avoid any conflicts of interest between themselves and their principals or between their principals and the fiduciaries' other clients. A fiduciary duty is the strictest duty of care recognized by the US legal system. Examples of fiduciary relationships include those between lawyer and client, a guardian and ward, and a director and shareholders. For more information follow Fiduciary Duties link.

Foreclosure

Foreclosure is the legal right of a mortgage holder or other third-party lien holder to gain ownership of the property and/or the right to sell the property and use the proceeds to pay off the mortgage if the mortgage or lien is in default. It is a concept that has existed for centuries.
In the past, the law had it that a mortgage default resulted in the automatic ownership of the property by the holder of the mortgage also referred to as the mortgagee. The forclosure law developed over the years so as to allow mortgagors time to pay off mortgages before their property was taken away. This process of taking away the mortgagor’s property because of default is what constitutes foreclosure. In US, numerous state laws and regulations govern foreclosure to protect both the mortgagor and the holder of the mortgage from unfairness and fraud. In the United States, although states have their own variations, the basic premises of foreclosure law remain the same. For more information follow Foreclosure link.

Fraud

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading. To constitute fraud, a misrepresentation or omission must also relate to an 'existing fact', not a promise to do something in the future, unless the person who made the promise did so without any present intent to perform it or with a positive intent not to perform it. Promises to do something in the future or a mere expression of opinion cannot be the basis of a claim of fraud unless the person stating the opinion has exclusive or superior knowledge of existing facts which are inconsistent with such opinion. The false statement or omission must be material, meaning that it was significant to the decision to be made. Sometimes, it must be shown that the plaintiff's reliance was justifiable, and that upon reasonable inquiry would not have discovered the truth of the matter. For injury or damage to be the result of fraud, it must be shown that, except for the fraud, the injury or damage would not have occurred.
To constitute fraud the misrepresentation or omission must be made knowingly and intentionally, not as a result of mistake or accident, or in negligent disregard of its truth or falsity. Also, the plaintiff must prove that the defendant intended for the plaintiff to rely upon the misrepresentation and/or omission; that the plaintiff did in fact rely upon the misrepresentation and/or omission; and that the plaintiff suffered injury or damage as a result of the fraud. Damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. For more information follow Fraud link.

Grandchild Trust

A will or trust can provide that each grandchild will receive a fixed amount. That amount may depend on the size of the grandparent’s estate and the number of grandchildren. Also, each grandparent can leave a bequest at his or her death, or the bequest can be deferred until the death of the surviving grandparent. Grandparents can also provide grandchildren with gifts under the Uniform Gifts to Minors Act (UGMA) that qualify for the gift tax annual exclusion. These gifts are irrevocable because a custodian must be selected, and a successor may be designated. For more information follow Grandchild Trust link.

Guardianship

A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults. Sometimes called a conservatorship. To become a guardian of a child either the party intending to be the guardian or another family member, a close friend or a local official responsible for a minor's welfare will petition the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. The judge does not have to honor the request when someone is named in a will as guardian of one's child in case of the death of the parent, it is construed as a preference, but is usually honored. The term "guardian" may also refer to someone who is appointed to care for and/or handle the affairs of a person who is incompetent or incapable of administering his/her affairs. Guardians must not benefit at the expense of those they care for (wards), and in many cases are required to make accountings to the court on a periodic basis. In some courts, a guardian may be reimbursed for attorney fees related to the guardianship. Court rules regarding accountings of expenses and requirements of guardians vary and local court rules should be consulted. For more information follow Guardianship link.

Harassment

Harassment continues to plague many large or small businesses, private and government organizations. Harassment is a complex matter. It can be as simple as a pervasive, hostile working environment permeated with sexual comments or conduct, which may include jokes, remarks, or actions. It can be also a quid pro quo type of Harassment. Quid pro quo Harassment occurs when a manager makes sexual conduct of an employee a condition for continued employment. Sexual harassment occurs whenever benefits or advancement are possible only in exchange for sexual favors or acts. Harassment occurs whenever is presented as a condition for avoiding adverse employment actions. Harassment occurs whenever a manager threatens to provide poor performance reviews or preclusion from advancement or salary increases unless consenting to certain sexual acts. Lex Omni San Jose Attorney attorneys can provide Harassment victims with protection, compensation, peace of mind and restore victim’s self-esteem. Lex Omni San Jose Attorney attorneys works with sexual harassment victims and employers to restore a healthy work environment. For more information follow Harassment link.

Healthcare Directive

An advance healthcare directive, also known as living will, personal directive, advance directive, or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. In the U.S. it has a legal status in itself, whereas in some countries it is legally persuasive without being a legal document. A living will is one form of advance directive, leaving instructions for treatment. Another form is a specific type of power of attorney or health care proxy, in which the person authorizes someone (an agent) to make decisions on their behalf when they are incapacitated. People are often encouraged to complete both documents to provide comprehensive guidance regarding their care. An example of combination documents includes the Five Wishes in the United States.  For more information follow Healthcare Directive link.

Holographic Will

A holographic will is one that is entirely written, dated, and signed in the handwriting of the testator (person making the will), rather than typewritten or printed. In some states, holographic wills are not required to be signed by witnesses in order to be valid to pass property. Courts have been lenient in trying to figure out some holographic wills when questions arise, but judges will not rewrite a holographic will to make it valid. A holographic will is probably the most risky do-it-yourself estate plan because of the lack of guidelines involved.
In order for any holographic will to be valid, it must meet the following requirements: testamentary intent, testamentary capacity, formality, and free from undue influence, fraud, mistake, or duress.  For more information follow Holographic Will link.

Hostile Work Environment

Hostile work environment exists when one's behavior within a workplace creates an environment that is difficult for another person to work in. Common complaints in Harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language or off-color jokes. Small issues, annoyances, and isolated incidents typically are not considered to be illegal. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer. A hostile work environment may also be created when management acts in a manner designed to make an employee quit in retaliation for some action. For example, if an employee reported safety violations at work, was injured, attempted to join a union, or reported regulatory violations by management, and management's response was to harass and pressure the employee to quit. Employers have tried to force employees to quit by imposing unwarranted discipline, reducing hours, cutting wages, or transferring the complaining employee to a distant work location.
 For more information follow Hostile Work Environment link.

Identity Theft

Identity Theft is the crime of obtaining the personal or financial information of another person for the sole purpose of assuming that person's name or identity in order to make transactions or purchases.  Identity theft is committed many different ways. Some identity thieves sift through trash bins looking for bank account and credit card statements; other more high-tech methods involve accessing corporate databases to steal lists of customer information. Once they have the information they are looking for, identity thieves can ruin a person's credit rating and the standing of other personal information. Many types of identity theft can be prevented. One way is to continually check the accuracy of personal documents and promptly deal with any discrepancies. Identity theft is a crime. Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain. Many people have reported that unauthorized persons have taken funds out of their bank or financial accounts, or, in the worst cases, taken over their identities altogether, running up vast debts and committing crimes while using the victims' names. In many cases, a victim's losses may include not only out-of-pocket financial losses, but substantial additional financial costs associated with trying to restore his reputation in the community and correcting erroneous information for which the criminal is responsible. For more information follow Identity Theft link.

Immigrant - Immigration

Immigrant is an alien who has been granted the right by the USCIS to reside permanently in the United States and to work without restrictions in the United States. Also known as a Lawful Permanent Resident (LPR). All immigrants are eventually issued a "green card" (USCIS Form I-551), which is the evidence of the alien’s LPR status. LPR’s who are awaiting the issuance of their green cards may bear an I-551 stamp in their foreign passports. Immigrant visas are available for aliens (and their spouses and children) who seek to immigrate based on their job skills. If an alien has the right combination of skills, education, and/or work experience and are otherwise eligible, the alien may be able to live permanently in the United States. Per USCIS, there are five employment-based immigrant visa preferences (categories): EB-1, EB-2, EB-3, EB-4 and EB-5. For more information follow Immigrant - Immigration link.

 

Insurance Fraud Law

Insurance fraud is An illegal act on the part of either the buyer or seller of an insurance contract. Insurance fraud from the issuer (seller) includes selling policies from non-existent companies, failing to submit premiums and churning policies to create more commissions. Buyer fraud includes exaggerated claims, falsified medical history, post-dated policies, viatical fraud, faked death or kidnapping, murder and much more. Fraud may be committed at different stages in the insurance transaction by different parties: applicants for insurance, policyholders, third-party claimants and professionals who provide services to claimants. Common frauds include "padding," or inflating actual claims; misrepresenting facts on an insurance application; submitting claims for injuries or damage that never occurred; and "staging" accidents. The Health Insurance Portability and Accountability Act contains significant antifraud provisions focused on the health care system. The Act targets fraud in federal programs such as Medicare but also covers private health care, especially in defining the crime of health care fraud. The Act makes "knowingly and willfully" defrauding any health care benefit program a federal crime. It also includes making false statements "in any matter involving a health care benefit program," theft or embezzlement, obstruction of investigations and money laundering. The Violent Crime Control and Law Enforcement Act (1994) makes insurance fraud a federal crime when it affects interstate commerce. It provides, among other things, that people engaged in insurance on an interstate basis who knowingly make false statements or intentionally overvalue any aspect of their business with the intent to deceive can be fined or imprisoned for up to 15 years. Insurance company employees, including agents, who embezzle or misappropriate any company funds, can be punished as well. The Act also expands the charge of federal mail fraud to cover any illegal actions that use private overnight delivery services (such as Federal Express) that have been used in an attempt to circumvent the federal mail fraud statutes. Other laws dealing with insurance fraud are the federal mail fraud statute, which prohibits the use of the U.S. Postal Service to defraud or obtain money or property by means of false or fraudulent pretenses, representation or promises, and the federal Racketeer Influenced and Corrupt Organizations (RICO) statute and state laws patterned on the federal statute. RICO statutes are often used to prosecute insurance fraud cases, particularly those involving mail fraud. In addition to criminal penalties, RICO statutes may provide for civil actions (with triple damages) against those involved directly or indirectly in a "pattern" of criminal activity. For more information follow Insurance Fraud Laws link.

Insurance Trust

A life insurance trust is an irrevocable, non-amendable trust which is both the owner and beneficiary of one or more life insurance policies.[1] Upon the death of the insured, the Trustee invests the insurance proceeds and administers the trust for one or more beneficiaries. If the trust owns insurance on the life of a married person, the non-insured spouse and children are often beneficiaries of the insurance trust. If the trust owns "second to die" or survivorship insurance which only pays when both spouses are deceased, only the children would be beneficiaries of the insurance trust. An irrevocable trust set up with a life insurance policy as the asset, allowing the grantor of the policy to exempt asset away from his or her taxable estate. Once the life insurance policy is placed in the trust, the insured person no longer owns the policy, which will be managed by the trustee on behalf of the policy beneficiaries when the insured person dies. The insurance trust, or irrevocable life insurance trust (ILIT), is often used to set aside cash proceeds that can be used to pay estate taxes, as the life insurance policy should be exempt from the taxable estate of the decedent.  The life insurance policy must be transferred to the trust at least three years before the death of the insured. To get around this rule, a new policy can be taken out with a spouse as owner, then placed in the trust. As an irrevocable trust, changes can only be made by beneficiaries; the owner gives up all control to the trustee. If the size of the taxable estate is below the maximum exclusion figure, it is generally not necessary to set up an insurance trust; in this case the life insurance will be included in the decedent's taxable estate.  For more information follow Insurance Trust link.

Irrevocable Trust

Irrevocable trust is a  trust that can't be modified or terminated without the permission of the beneficiary. The grantor, having transferred assets into the trust, effectively removes all of his or her rights of ownership to the assets and the trust. This is the opposite of a "revocable trust," which allows the grantor to modify the trust. The main reason for setting up an irrevocable trust is for estate and tax considerations. The benefit of this type of trust for estate assets is that it removes all incidents of ownership, effectively removing the trust's assets from the grantor's taxable estate. The grantor is also relieved of the tax liability on the income generated by the assets. While the tax rules will vary between jurisdictions, in most cases, the grantor can't receive these benefits if he or she is the trustee of the trust. The assets held in the trust can include, but are not limited to, a business, investment assets, cash and life insurance policies. For more information follow Irrevocable Trust link.

Intellectual Property Law

Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Just as the law protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets. Patents give inventors the right to use their product in the marketplace, or to profit by transferring that right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years. Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another. Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially last forever, and they are obtained by simply using a mark. Copyrights apply to writings, music, motion pictures, architecture, and other original intellectual and artistic expressions. Protection is not available for theories or ideas, or anything that has not been captured in a fixed medium. The act of creation itself produces a copyright and unpublished works are still protected. Use of a copyright symbol and date is common, but not mandatory. Most copyrights are valid for the creator’s lifetime, plus 70 years. For more information follow Intellectual Property Law link.

Intestate - Intestacy Law

Intestate term is used in regard to a person that died without a testament. Intestate means not having made a legally valid will prior to death; when used in regard to property, intestate means not effectively disposed of by a legally valid will. A decedent’s estate is the property in the aggregate of a deceased person. If a decedent died intestate, then the decedant’s estate is wholly intestate. If the decedent died testate and the decedent’s will effectively disposes of all the decedent’s property, then the decedent’s estate is wholly testate. If, however, the decedant died testate, but the decedent’s will disposed of less than all of the decedent’s property, then the decedent’s estate comprises both a testate estate, which is distributed in accordance with the decedent’s will, and an intestate estate, which is distributed in accordance with the applicable state’s law of intestate succession. Intestacy is the condition of having died without a valid will. The person dies without making a will and leaving behind property greater than the total amount of funeral expenses and enforceable debts. The law dealing with intestacy is known as the intestacy law, the law of descent and distribution or intestate succession statutes. It refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance. In such a case if the dead person has property it will be distributed according to law of descent and distribution. Since there is no executor named in the will, the estate is administered legally by a close relative, spouse or a public administrator. Administrator is chosen by the court having jurisdiction over the decedent's property, and is normally a person nominated by a majority of the decedent's heirs. Intestacy law varies from state to state. For more information follow Intestate - Intestacy Law link.

Living Trust

A Living Trust or Revocable Trust (also referred to as a Revocable Living Trust) is a type of Trust in which the Grantor retains the right during his/her lifetime to amend, change, revoke or terminate the Trust within his/her sole discretion. The assets funded into a Revocable Trust will still be considered the Grantor’s own personal assets for creditor and estate tax purposes. Therefore, it offers no credit protection from legal judgments and all assets held in the name of the Trust at the time of the Trustor’s death will be subject to both state and federal estate taxes. A typical Revocable Living Trust becomes irrevocable when the Grantor dies, and can also be designed to break into separate Irrevocable Trusts for the benefit of a surviving spouse, or into multiple Irrevocable Lifetime Trusts for the benefit of children or other Beneficiaries.  For more information follow Living Trust link.

Living Will

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patient’s life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.  For more information follow Living Will link.

Loan Modification

A loan modification is a  modification to an existing loan made by a lender in response to a borrower's long-term inability to repay the loan. Loan modifications typically involve a reduction in the interest rate on the loan, an extension of the length of the term of the loan, a different type of loan or any combination of the three. A lender might be open to modifying a loan because the cost of doing so is less than the cost of default. A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers who will never be able to repay an existing loan. For more information follow Loan Modification link.

Harbor Workers Compensation Act

Longshore and Harbor Workers Compensation Act -The Longshore and Harbor Worker's Compensation Act covers maritime employees who are not seamen but who are injured during maritime employment on navigable waters. Maritime employment includes loading, unloading, building and repairing vessels. Those injured on docks, piers, wharves or bridges are covered by the Act. Unlike maritime laws governing seamen, the Act provides workers' compensation benefits that do not depend on finding the employer at fault. The Act provides medical and disability benefits as well as rehabilitation services and death benefits to survivors. Diseases that "arise naturally" from marine employment are included under the Act. A formal claim for benefits must be filed with the Department of Labor within one year of the injury. Claims may also be made against a vessel's owner if the injury occurred on the vessel. Unseaworthiness claims, reserved for seamen, may not be filed under the Act.For more information follow Longshore and Harbor Workers Compensation Act link.

Marital Trust - Credit Shelter Trust

The marital trust is generally funded with assets that exceed the amount transferable to a Credit Shelter Trust. The marital trust is generally not taxed in the donor’s estate because it qualifies for the marital deduction, if all conditions are met. However, it is subject to estate taxes at the death of the surviving spouse. The surviving spouse must receive all income for life and must have a general power of appointment (ability to direct principal for one’s own benefit or for the benefit of another).In many ways, establishing a marital trust for the surviving spouse is similar to leaving the assets outright. However, with a power of appointment, the surviving spouse has the ability to use the assets of this trust for any purpose and can deplete this trust if he or she chooses. There are no guarantees that there will be any assets for the remaining beneficiaries at the surviving spouse’s death. Also, the surviving spouse has complete control and can distribute assets to different beneficiaries. Estate planning offers individuals with significant assets the opportunity to reduce or eliminate the taxable value of their estate, while at the same time providing financially for their family, friends and important charities. Credit shelter trusts are becoming increasingly popular as an estate planning tool. Two of the more popular trusts are the Qualified Terminable Interest Property trust (QTIP) and the marital gift trust. Both of these trusts are considered credit shelter trusts because they preserve the estate tax exemption of the donor to be utilized at a later date by the trust beneficiaries. Thus, individuals can direct the division of their estate in a manner that reduces the overall amount of estate tax paid. For more information follow Marital Trust - Credit Shelter Trust link.

Medicaid Planning

Medicaid Asset Protection Trust. Trusts can be used to protect real estate, cash, other financial assets, and even valuable tangible assets such as art or jewelry. For example, if you own bank accounts, certificates of deposit and securities, Medicaid will insist you use almost all of these to pay for your care before it provides even a dollar of benefits. By transferring these financial reserves to a trust, they can no longer be regarded as your "resources" for Medicaid purposes. The assets in the trust will be protected. Irrevocable Medicaid Trusts can be structured so that the income generated from the assets in the trust will be paid to you. That means the income can be spent to help maintain the lifestyle you've worked hard to create. While you will have no right to access or demand principal from the trust, your trustees can be given the discretion to distribute principal to beneficiaries who can use this money for your benefit.If the trust holds title to your home, you will still have the right to live there for the rest of your life, or in another residence that the trust might purchase in the future. Of course, if you own a co-op apartment, permission of the co-op Board of Directors must first be obtained before you can transfer your co-op shares and proprietary lease into the trust. Aside from protecting your assets from Medicaid eligibility requirements, transferring assets to a trust is almost always preferable to transferring money to children directly. Here's why. Most trusts protect the money from exposure to future creditors, lawsuits and legal liability. If a child is holding your money, and gets into an auto accident and is at fault, suffers a business failure or a divorce, or even dies before you, the money could be exposed to potential loss. Money placed in most trust structures will be better protected than funds held by individuals. For more information follow Medicaid Asset Protection Trust link.

Medical Malpractice

Medical malpractice is a legal term that refers to negligence by an act, or failure to act, by a doctor or other healthcare provider. When a medical professional’s treatment fails to meet the accepted standard within the medical community, and it causes injury to, or death of, the patient, it is considered to be malpractice. Medical malpractice is a very serious charge, though the laws governing it vary depending on the jurisdiction. The failure of a medical professional to exercise an accepted level of skill or learning in rendering treatment, which results in injury, loss, or damage to the patient. A dereliction of professional duty by a physician or other medical professional, through despicable ignorance, gross negligence, or criminal intent. There are many errors that may occur in medical treatment, some by sheer mistake or the difficulty in determining what ails a patient in some circumstances. Other errors, however, happen when medical professionals fail to pay close attention, don’t put enough thought and effort into correctly diagnosing a patient’s condition, or when inattention or neglect lead to the wrong treatment. Unlike similar errors made by a plumber, mistakes made by a doctor may lead to serious injury or even death of a patient.
With that in mind, simple mistakes, or patients unhappy with the results of their treatment do not necessarily add up to malpractice. In order to be successful in claiming medical malpractice, negligence must have occurred. In order to determine whether a mistake lends a valid reason for a medical malpractice lawsuit, the mistake of the doctor is compared to how other competent doctors would have handled the same situation. If another reasonable doctor, knowing the same facts, would have not made the same error, the treating doctor is liable for medical malpractice. For more information follow Medical Malpractice link.

Mediation - Arbitration

Mediation is a method of resolving issues between two or more parties without resulting to litigation. Mediation makes use of a neutral third party, a “mediator,” to help guide the parties to the dispute toward a solution that all can agree to. Most commonly, mediation is a voluntary method of alternative dispute resolution, but on occasion, the court may order the parties to attend mediation. To explore this concept, consider the following mediation definition. The mediating by a neutral third party, between two or more parties to a dispute, in order to reach an agreement. Mediation is defined as the attempt to settle a dispute through a neutral third party. Mediation is a structured process that allows people to negotiate the issues with a hands-on approach. The mediator serves somewhat as a referee as the parties exchange information, needs, and ideas. The mediator also helps the parties with the bargaining process, where cooler heads prevail. Mediation is commonly used in family law matters, such as divorce and child custody, but it is also used in other civil cases. Mediation and arbitration have a number of similarities, as both provide alternatives to litigation. Both methods of alternative dispute resolution may also be used in conjunction with litigation, allowing the parties to continue their attempt to reach a resolution, while the case continues toward trial. In the event a settlement agreement is reached, the trial may be cancelled. For more information follow Mediation - Arbitration link.

Mergers and Acquisitions

Mergers and Acquisition (M&A) Law deals with the laws affecting the purchase of one company by another (an acquisition), or the blending of two companies into a new entity (a merger). Merger. A merger is a process by which two companies join and one new company continues to exist. Also called a consolidation, a merger occurs when two companies combine together to form a new enterprise altogether, and neither of the previous companies remains independently. Acquisitions involve a process by which one company acquires the assets of another company. An acquisition, or takeover, is the purchase of one business or company by another. Acquisitions are usually divided into either "private" and "public" acquisitions. The distinction depends on whether the stocks of the target company is publicly traded or not. Acquisitions can also be categorized as “friendly” or “hostile” depending on how the target company perceives the acquirer. For more information follow Mergers and Acquisition link.

Mesothelioma

Mesothelioma is caused by asbestos exposure that can happen at workplace or at homes. If products containing asbestos are disturbed, tiny asbestos fibers are released into the air. When asbestos fibers are breathed in, they may get trapped in the lungs and remain there for a long time. Over time, these fibers can accumulate and cause scarring and inflammation, which can affect breathing and lead to serious health problems. Asbestos has been classified as a known human carcinogen (a substance that causes cancer) by the U.S. Department of Health and Human Services, the EPA, and the International Agency for Research on Cancer. Studies have shown that exposure to asbestos may increase the risk of lung cancer and mesothelioma a relatively rare cancer of the thin membranes that line the chest and abdomen. Although rare, mesothelioma is the most common form of cancer associated with asbestos exposure. In addition to lung cancer and mesothelioma, some studies have suggested an association between asbestos exposure and gastrointestinal and colorectal cancers, as well as an elevated risk for cancers of the throat, kidney, esophagus, and gallbladder. For more information follow Mesothelioma link.

Minors Trust

Minor’s trust is a trust with only one beneficiary, who is a minor. It is a trust whereby asset management is provided until a child reaches the age of majority. Upon reaching majority, the child has full use and control over the assets. The grantor of the trust cannot receive any income from the assets held in the trust. All undistributed income is taxed at trust rates, which are low. This type of trusts allows the grantor to control the time at which the minor gets access to the assets given to him or her. Minor’s trusts are also known as 2503(C) trusts as the requirements for the trust are set forth in Internal Revenue Code (26 USCA) § 2503(c). For more information follow Minors Trust link.

Nursing Home Abuse of Residents

There are federal and state laws to protect residents of nursing homes against abuse, neglect and exploitation. Adult Protective Services may investigate reported abuse. Generally, abuse or neglect is considered a criminal offense and there is often a civil cause of action for abuse, neglect or exploitation of nursing home residents. Consumer protection statutes may provide a statutory duty of care for residents of a nursing or care facility.The rights of nursing home patients are protected under the federal law known as the Nursing Home Reform Act (NHRA). The NHRA, is codified at 42 U.S.C. §§1395i-3 and 1396r. The law requires nursing homes to promote and protect the rights of each resident and places a strong emphasis on individual dignity and self-determination. Nursing homes must meet residents' rights requirements to participate in the Medicare and Medicaid programs. NHRA and regulations provide the following rights to residents of nursing homes: Rights to Self-Determination, Personal and Privacy Rights, Rights to Be Free of Abuse and Restraints, Rights to Information, Rights to Visits, Transfer and Discharge Rights, Protection of Personal Funds, Protection Against Medicaid Discrimination. Physical abuse is the most prevalent type of elder abuse, senior citizens are also suffering emotional abuse, neglect, and financial exploitation as well as: Medications not being administered or administered improperly, Soiled clothing or bed linens, Unsanitary living conditions, Malnourishment/dehydration,
Some of the more common signs of physical abuse of the elderly are: Unexplained bruises and cuts, Torn or bloody clothing, Broken bones, Emotional abuse of the elderly may include: Intimidation through yelling and threats, Humiliation, Ignoring the patient, Isolating the patient from other residents and/or activities, Terrorizing the patient, Mocking the patient.Financial exploitation is the most common form of non-physical abuse of the elderly by Misuse the elder’s checks, accounts, or credit cards, Stealing money, stealing checks, or stealing belongings, Forging signatures, Authorizing withdrawals or transfers of monies, Stealing the patient’s identity. For more information follow Nursing Home Abuse of Residents link.

Nursing Home Injuries

Physical abuse is the most prevalent type of elder abuse, senior citizens are also suffering emotional abuse, neglect, and financial exploitation as well as: Medications not being administered or administered improperly, Soiled clothing or bed linens, Unsanitary living conditions, Malnourishment/dehydration,
Some of the more common signs of physical abuse of the elderly are: Unexplained bruises and cuts, Torn or bloody clothing, Broken bones, Emotional abuse of the elderly may include: Intimidation through yelling and threats, Humiliation, Ignoring the patient, Isolating the patient from other residents and/or activities, Terrorizing the patient, Mocking the patient. For more information follow Nursing Home Injuries link.

Occupational Disease

An occupational disease arises from the conditions to which a specific type of worker is exposed. The disease must be produced as a natural incident of a particular occupation, such as asbestosis from asbestos removal. A person disabled by a work-related occupational disease receives the same benefits as for an on-the job injury. However, the time limit for filing a claim is the later of two dates: Two years from the date of the disabled worker's disability; or Two years from the time the disabled worker knew or should have known that the disease was due to the nature of employment. (In the case of death, the dependents must file within the stated time limits). When a worker becomes ill from an occupational disease, he/she may be disabled even if there is no lost time from work. For purposes of determining the employee's right to benefits, the date of disablement is determined by a Workers' Compensation Law Judge.Occupational Hearing Loss In the event of occupational loss of hearing, other time limits apply. The waiting period for a worker to file a claim is his/her choice of: Three months from the date the worker is removed from the harmful noise in the workplace; or Three months after leaving the employment in which the exposure to the harmful noise occurred. The last day of either 3-month period is considered the date the disability began. The worker may file beyond the two-year limit, if it is done within ninety days of knowledge that the hearing loss is related to his/her employment. For more information follow Occupational Disease link.

Personal Injury Law

Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances. Examples of negligence include car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when vicious animals are permitted to roam free. In each instance, the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.
Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required. Punitive damages, meant to punish and deter particularly egregious conduct, may also be available.  For more information follow Personal Injury Law link.

Product Liability

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner. Product liability suits may be brought by the consumer or someone to whom the product was loaned. While products are generally thought of as tangible personal property, products liability law has stretched that definition to include such items as gas, pets, real estate, and writings. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. In a strict liability theory of liability, the degree of care exercised by the manufacturer is irrelevant, as long as the product is proven to be defective, they will be held liable for the harm resulting from the defect. For more information follow Product Liability link.

Public Transportation Accidents

Public transportation accidents law or Bus Accident Law falls under common carrier law, because buses offer transportation services to people as part of a business. A common carrier is an individual or business that transports people, goods, or services for a fee, and offers its services to the general public under license or authority provided by a regulatory governmental body. Common carriers can be private companies or public entities. These laws are regulated on the local, state and federal level. The Federal government regulates common carriers that transport passengers or cargo across state lines under the Interstate Commerce Act, and individual states regulate travel within a state.  Other modes of transportation that fall under the category of common carrier include school buses, taxis, trains, light-rail, trolleys, cable cars, tour boats, cruise ships, ferries, airplanes, airport shuttles, and, in some states, limousines.
Common carriers have a legal responsibility to show a higher duty of care since they offer their services to the public for a fee. While non-commercial drivers must operate under reasonable care, a common carrier must use the highest degree of care and vigilance for the safety of its passengers, and the public. Failure to adhere to that higher duty of care can be considered negligence. Therefore, if you are a bus passenger and injured as the result of an accident, special rules apply. If a bus accident is due to the negligence of the carrier; such as speeding, fatigue, maintenance failures, tire failures, or inadequate bus driver training; the carrier is liable for damages under personal injury or wrongful death tort law. When minor children, ill or disabled persons are injured as passengers on a bus, special rules may apply as well. For more information follow Public Transportation Accidents Bus Accidents Law link.

Pre-existing Conditions

A pre-existing condition is a condition that existed prior to the current condition, and is commonly used in the context of insurance and personal injury claims. Under insurance contracts, there may be an exclusion for certain conditions that existed prior to or at the time of entering into the contract. Also, a failure to disclose a prior condition on an insurance application may preclude its coverage after acceptance as an insured. In tort law, a person claiming to be injured as the result of another's negligence must show a causal connection between the negligent act and injury suffered. A defendant may use a plaintiff's pre-existing condition to rebut this element of causation. If the defendant can show that the injury is due to the some prior cause, or only exacerbated a previous injury, the defendant's liability can be avoided or mitigated. For more information follow Pre-existing Conditions link.

Personal Injury Damages

Damages in personal injury cases are typically divided into two broad categories: economic and non-economic damages. Economic or monetary damages include: Medical bills resulting from the victim’s injuries, including past, present and future invoices, Expenses related to rehabilitation, Lost income and wages resulting from the victim’s injuries, Loss of future income or ability to earn income and other direct expenses stemming from the accident. Another type of economic damage is property damage. Property damage might occur, for instance, if a victim’s vehicle was damaged or destroyed during a car accident. Generally, the value of property damage is measured by the reasonable cost of repairing the property, or in the case of a total loss of the property, the fair market value of the property at the time of loss. Non-economic damages in personal injury cases include mental and physical pain and suffering, permanent physical impairment, disability, disfigurement, and loss of enjoyment of life. Since these losses are non-economic, your Boca Raton injury attorney can advise you that the value of such damages varies considerably from case to case. A damage expert can help calculate the value of these losses and, if a personal injury case reaches trial, it is up to the jury to determine the value of these types of claims based on the evidence in the case, including expert testimony.
For more information follow Personal Injury Damages link.

Partnership & LLC Law

The California Revised Uniform Limited Liability Company Act was effective January 1, 2014 and is codified as new Title 2.6 of the California Corporations Code starting at Section 17701. The new law incorporates a more robust set of default rules that apply if the LLC operating agreement is silent. It is intended to bring California LLC law more in line with the LLC laws of other states, making it easier for multi-state businesses to operate both inside and outside of California. The transition provisions of the new law provide that the old law continues to govern all contracts, including operating agreements, entered
into by an LLC, its members or managers prior to January 1, 2014, making it seem as if the new law will not affect existing operating agreements entered into prior to that date. However, the new law also provides that any acts taken by an LLC, its members or managers on or after January 1st, will be governed by the new law rather than the prior law. As such, the new law is seemingly unclear as to which law will apply to operating agreements adopted prior to January 1st, but amended after that date. Would just the amendment be governed by the new law? By virtue of amending the operating agreement, does the entire operating agreement now come under the scope of the new law? The answer is that it is unclear. This is the crux of many of the criticisms of the new law as business persons and lawyers try to understand and cope with the changes. As a result, LLC members and managers should consult with their corporate counsel to avoid unwanted consequences that may be brought on by the
new law. For more information follow Partnership & LLC Law link.

Per Capita Distribution Law

Per capita is a Latin term meaning Latin for "by head," meaning to be determined by the number of people. Per capita is a type of distribution under a last will. This means that if, one beneficiary dies, a gift or bequest that would have gone to that person will be divided equally among the other living beneficiaries of the same generation. For more information follow Per Capita Distribution Law link.

Per Stirpes Distribution Law

Per stirpes is a Latin term meaning "by roots," or by representation. The term is often used in wills and trusts to describe how to carry out a distribution when a beneficiary dies before the person whose estate is being divided. Under per stirpes distribution, children take among them the share which their parent would have taken had he survived the decedent. The children stand in a representative capacity to their parents. Per stirpes distribution may take place under a will or if a person dies without a will (intestate). State laws of descent and distribution govern intestate distribution and describe any per stirpes distribution that may take place a person in the line of descent is deceased and their children are able to step into their place in the line of inheritance. For more information follow Per Stirpes Law link.

Pet Trust

A pet trust is a way to set aside funds for the continued care and upkeep of ones pets. Pet owner can leave as much money as they want for the care of a pet. owners will need to appoint a trustee to oversee the funds and to take care of the pets. A pet trust is available no matter how many pets there are. there can be more than one pet trust, if owner wants to leave different pets with different care-givers.Pet trust is however the best way to ensure that the pets continue to get the same care as they do now. It is not good enough to merely name someone to care for the pets in final will. Owner should give the care-giver i.e. the trustee of the pet trust the necessary funds to care for the pets. For more information follow Pet Trust link.

Probate Law

Probate is the legal process that takes place after someone dies. It involves the judicial determination of whether a Will is valid and the process of settling/administering an estate under the supervision of the probate court. Administering an estate is the process by which assets are gathered, applied to pay debts, taxes and expenses of administration, and distributed to those designated as Beneficiaries in the Will. The Executor or Personal Representative named in the Will is in charge of the process. If no formal probate process is required, the court does not appoint an estate administrator. Rather, a close relative or friend serves as an informal estate representative, and often more than one person shares the responsibility of paying debts, filing a final income tax return and distributing property to the decedent’s Beneficiaries/Heirs. Probate law generally provides for partial distribution during the administration process. Many attorneys encourage probate avoidance techniques due to the perception of long and costly probate process. However, most states allow a certain amount of property to pass free of probate, and many states now offer simplified or streamlined probate processes for qualifying estates. The Uniform Probate Code (UPC) was created to modernize probate law and probate administration and to encourage the uniformity of probate codes in all states. For more information follow Probate Law link.

Probate Avoidance Before Death

Probate is required when there is no other mechanism provided by law for transferring ownership of a decedent’s assets from the decedent to decedent’s intended beneficiaries. The probate process is generally completed when title to the asset is changed into the name of the intended beneficiary through the court’s final order for distribution. The probate process can be thought of as simply the last option for transferring title from the decedent to the intended beneficiaries, when no other options work. (See California Probate Code §7001).
The legal mechanisms available for transferring ownership of an asset outside of probate (i.e., avoiding probate) in California can generally be summarized as follows: By operation of law, including by right of survivorship and the Multi-Party Account Laws.By contract including beneficiary designation; By trust; and By summary probate procedure. For more information follow Probate Avoidance Before Death link.

Revocable Living Trust

A revocable trust is a trust whereby provisions can be altered or canceled dependent on the grantor. During the life of the trust, income earned is distributed to the grantor, and only after death does property transfer to the beneficiaries. This type of agreement provides flexibility and income to the living grantor; he or she is able to adjust the provisions of the trust and earn income, all the while knowing that the estate will be transferred upon death. A Revocable Living Trust, also simply called a Living Trust, is a legal document that is created by an individual, called a Trustmaker, to hold and own the Trustmaker's assets, which are in turn invested and spent for the benefit of the Trustmaker as the Beneficiary by a Trustee. In most cases, the Trustmaker will also be the Trustee, although some wealthy individuals may choose to have an institution manage their trust property. A Revocable Living Trust covers three phases of the Trustmaker's life - while the Trustmaker is alive and well, if the Trustmaker becomes mentally incapacitated, and after the Trustmaker dies. While the Trustmaker is alive and well, the trust agreement will have specific provisions allowing the Trustmaker to manage, invest, and spend the trust assets for his or her own benefit. Thus, the Trustmaker will go about business as usual with regard to assets that have been funded into the trust, except that the Trustmaker will sign as the "Trustee" instead of as an individual. The Trustmaker will also be able to use his or her own Social Security Number as the taxpayer identification number for the trust and file income taxes on IRS form 1040 instead of form 1041. If The Trustmaker Becomes Mentally Incapacitated The trust agreement will also specify one or more procedures to be followed if the Trustmaker becomes mentally incapacitated. If the Trustmaker is determined to be mentally incompetent and can no longer properly serve as Trustee, then the trust agreement will name a successor "Disability Trustee" to take over the management and investment of the trust funds from the Trustmaker. The Disability Trustee will then be able to take care of and manage all of the Trustmaker's finances (assuming all of the Trustmaker's assets have been funded into the trust) and pay the Trustmaker's bills. When the Trustmaker dies, the 'Administrative" or "Successor Trustee" will be able to step in and pay the Trustmaker's final bills, debts, and taxes. The trust agreement will then contain instructions about who will receive the balance of the trust funds after all of the bills have been paid and the Administrative Trustee will distribute the balance accordingly. Since the assets funded into a Revocable Living Trust during the Trustmaker's lifetime will no longer be owned by the Trustmaker but by the Trustee of the trust, there will be no need for the trust assets to be probated when the Trustmaker dies. Instead, the Administrative Trustee can proceed with settling the trust outside of probate and without any court supervision or interference. For more information follow Revocable Living Trust link.

Retirement Trust

If there are significant assets in an IRA, then owner should consider setting up a special type of revocable living trust that is designed to be the beneficiary of the IRA after owner's death. This type of trust is referred to by several different names, including an IRA Trust, IRA Living Trust, IRA Inheritor's Trust, IRA Stretch Trust, IRA Inheritance Trust or Standalone Retirement Trust. In general IRAs are protected from the claims of creditors with regard to the IRA account owner while he or she is living. However, once the IRA account owner dies and the IRA assets get into the hands of an individual beneficiary, in most states the IRA assets will lose their protected status. On the other hand, IRA assets passing into a subtrust created for the benefit of an individual beneficiary under the terms of an IRA Trust will be protected from creditors, predators, lawsuits and divorcing spouses as long as the funds remain inside of the trust and can only be distributed in the discretion of the Trustee. For more information follow Retirement Trust link.

Real Estate Transfers

Real estate ownership can be transferred to family members as follows: Joint Ownership. Joint owned property is often used by people who have developed no estate plan at all, as well as by those with a more comprehensive estate plan. For couples who own the family home together, they typically do so in joint tenancy with the right of survivorship. This allows each spouse to own the home at the same time while the surviving spouse automatically inherits the property upon the death of the other spouse. Will Transfer. A Will allows you to transfer your family home to an heir directly or indirectly. You can use a testamentary trust, for example, or transfer it directly to one heir for his or her lifetime and another after the first heir dies. The will must be explicit in how you wish to transfer the property, and it may take some time for the ownership to transfer through the probate process. Trust Transfers. Transferring a family home to a Trust gives you greater flexibility in how you wish to transfer the home to your heirs. You can, for example, place conditions on the transfer, such as stating that your child will only inherit the property when he or she graduates from college. For more information follow Real Estate Transfers link.

Real Estate Law

Real Estate and Property Law covers an extensive legal area, which is regulated by federal and state statutes, as well as common law. Many aspects of this area overlap with contract law. The terms “real estate”, “realty” and “real property” are generally used interchangeably, although many people associate “real estate” more closely with the structures or buildings and the land. However, real property/real estate encompasses more than just the obviously tangible aspects. It comprises land and that which is attached to or belongs with the land, such as the immovable structures like buildings, houses, trees, bushes and minerals permanently affixed to the land, But it also consists of the interests, benefits and rights that are legally considered attached to the real property, which can include certain rights to the air above the land, to drill in the ground beneath it, rights to live on the property for a specific timeframe or to acquire the real property in the future, and more. The practice area of real estate and property law deals with a variety of related issues, including the following: rights and interests in real estate and real property; sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues; tenants’, renters’ and homeowners’ rights; title to real property; settlement of claims against property rights; property development; zoning and land use; related agriculture issues; home loans and foreclosures; and various other relevant topics. This is a complex practice area, further complicated by the significant inconsistency in the laws throughout different cities and states. Real estate attorneys are versed in many different activities, from the mundane drafting of deeds and filing of liens, to handling boundary and zoning disputes and even assisting families in court when threatened with foreclosure. For more information follow Real Estate Law link.

Real Estate Section 1031 Exchanges

Owners of investment and business property may qualify for a Section 1031 deferral. Individuals, C corporations, S corporations, partnerships (general or limited), limited liability companies, trusts and any other taxpaying entity may set up an exchange of business or investment properties for business or investment properties under Section 1031.To accomplish a Section 1031 exchange, there must be an exchange of properties. The simplest type of Section 1031 exchange is a simultaneous swap of one property for another. Deferred exchanges are more complex but allow flexibility. They allow owner to dispose of property and subsequently acquire one or more other like-kind replacement properties. To qualify as a Section 1031 exchange, a deferred exchange must be distinguished from the case of a taxpayer simply selling one property and using the proceeds to purchase another property (which is a taxable transaction). Rather, in a deferred exchange, the disposition of the relinquished property and acquisition of the replacement property must be mutually dependent parts of an integrated transaction constituting an exchange of property. Taxpayers engaging in deferred exchanges generally use exchange facilitators under exchange agreements pursuant to rules provided in the Income Tax Regulations. A reverse exchange is somewhat more complex than a deferred exchange. It involves the acquisition of replacement property through an exchange accommodation titleholder, with whom it is parked for no more than 180 days. During this parking period the taxpayer disposes of its relinquished property to close the exchange. For more information follow Real Estate Section 1031 Exchanges link.

Reasonable Accommodations

Reasonable accommodation means modifying or adjusting a job application process or a work environment to enable a qualified individual with a disability to be considered for a job. The federal Equal Employment Opportunity Commission (EEOC) administers the Americans with Disabilities Act (ADA), which determines the rights and responsibilities of employers and individuals with disabilities concerning reasonable accommodation. For example, the right to reasonable accommodation is available even to part-time or probationary employees. There are three categories of reasonable accommodations. They include modifications or adjustments to (1) the job application process; (2) the work environment or the circumstances in which a job is customarily performed; and (3) policies that set out the benefits and privileges of employment. There are limits to what the ADA requires of an employer that receives an accommodation request. For example, an employer cannot be forced to eliminate an essential function of a position, such as one of its fundamental duties. Nor does an employer have to lower qualitative or quantitative production standards that are applied uniformly to employees with or without disabilities. The employer may choose among several reasonable accommodations as long as the selected method is effective in allowing the individual to perform the essential functions of the position. The primary exception to the duty of accommodation is undue hardship on the employer. Undue hardship issue may result from quantitative, financial, or other limitations on an employer's ability to provide reasonable accommodation. For more information follow Reasonable Accommodations link.

Right of Privacy

The right to privacy is the right to be let alone, in the absence of some "reasonable" public interest in a person's activities, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity violating the right.
The right to privacy is not mentioned in the Constitution, but the Supreme Court has interpreted several of the amendments as creating this right. One of the amendments is the Fourth Amendment, which stops the police and other government agents from searching us or our property without "probable cause" to believe that we have committed a crime. Other amendments protect our freedom to make certain decisions about our bodies and our private lives without interference from the government. The due process clause of the 14th amendment generally only protects privacy of family, marriage, motherhood, procreation, and child rearing. For more information follow Right of Privacy link.

Securities Fraud

Securities fraud, also known as “stock fraud” or “investment fraud,” is a deceptive practice related to the stock or commodities markets and designed to induce investors to buy or sell on the basis of false information. This often results in financial losses and is a violation of securities laws. Securities fraud can include theft from investors (embezzlement by stockbrokers), insider trading, stock manipulation, misstatements on a company's financial reports, or lying to corporate auditors. A securities fraud is a type of serious white-collar crime in which a person or company, such as a stockbroker, brokerage firm, corporation or investment bank, misrepresents information that investors use to make decisions. Securities Fraud can also be committed by independent individuals (such as by engaging in insider trading). The types of misrepresentation involved in this crime include providing false information, withholding key information, offering bad advice, and offering or acting on inside information. For more information follow Securities Fraud link.

Severance Package

Severance package means the money and/or other benefits that an employer may offer to a terminated employee to temporarily offset the employee's job loss. Severance pay is a means of supplementing state-provided unemployment benefits and is paid in addition to wages and any other amount that employers owe employees when their employment ends. Severance pay is often given during mass layoffs. A severance package is a combination of severance pay and other benefits like extended health insurance benefits payable under Consolidated Omnibus Budget reconciliation Act (COBRA). Severance pay is calculated on the basis of length of service and weekly salary or wages of the employee. In order to be eligible for severance pay, departing employees should sign separation or severance agreements which may deprive such employees of their right to take legal action against their former employers. The departing employees are also required to sign noncompete or nondisclosure agreements before seeking severance pay. For more information follow Severance Package link.

Silica Exposure - Silicosis

Pneumoconiosis is defined as “a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of exposure during employment. It includes both "clinical" pneumoconiosis and "legal" pneumoconiosis. The regulations define clinical (or medical) pneumoconiosis as those diseases recognized by the medical community as pneumoconiosis, i.e., the conditions characterized by permanent deposition of substantial amounts of particulate matter in the lungs and the fibrotic reaction of the lung tissue to that deposition caused by dust exposure during employment. Such conditions include, but are not limited to workers' pneumoconiosis, anthracosilicosis, anthracosis, anthrosilicosis, massive pulmonary fibrosis, silicosis or silicotuberculosis, arising out of employment. Legal (or statutory) pneumoconiosis is a broader term. It describes any chronic lung disease or impairment and its sequelae arising out of employment, including any chronic restrictive or obstructive pulmonary disease arising out of exposure during employment. For more information follow Silica Exposure - Silicosis link.

Sex Crimes

Sex crimes refer to criminal offenses of a sexual nature. Commonly known sex crimes include, rape, child molestation, sexual battery, lewd conduct, possession and distribution of child pornography, possession and distribution of obscene material, prostitution, solicitation of prostitution, pimping, pandering, indecent exposure, lewd act with a child. Sex crime means rape in any degree, sodomy in any degree, unlawful sexual penetration in any degree and sexual abuse in the first or second degree. [ORS § 421.590]. For more information follow Sex Crimes link.

Short Sale

A short sale in the context of real estate refers to when a lender agrees to release the lien that is secured to the property upon receipt of less money than is actually owed. A short sale may occur when the current owner is unable to meet the mortgage payments. By forgiving the balance of the debt, the lender may avoid the expenses and efforts involved in foreclosure.
In the context of investing, a short sale is any sale of a security that the seller does not own, or any sale that is consummated by the delivery of a security borrowed by, or for the account of, the seller. Investors who sell short predict that the price of the stock will fall, so that they can buy the stock at the lower price and make a profit. For more information follow Short Sale link.

Settlement Agreements

Debt settlement means an action or negotiation made on behalf of a consumer with that consumer's creditors for the purpose of the creditor forgiving part or the entire principal of the debt incurred or credit extended to that consumer. The term debt settlement shall not include any action taken to convince a creditor to waive any fees or charges. It is also known as debt arbitration, debt negotiation or credit settlement. The debts such as credit card debts, other unsecured credit card debts, medical bills, gas/store card debts, and personal loans can also be settled by way of debt settlement. However, tax debts, alimony, child support, mortgages, car loans, and federal student loans cannot be settled in a debt settlement program. For more information follow Settlement Agreements link.

Slip/Trip Falls Accidents

Under common law, the liability to a person injured on real estate is controlled by the status of the injured person. A different duty is owed by the occupier of the land depending upon whether or not the injured person was a trespasser, a licensee, or an invitee. As far as trespassers are concerned, the occupier ordinarily only owes the duty of refraining from causing intentional harm to the trespasser. The occupier is under no duty to warn the trespasser of dangers or make the property safe to protect trespassers from harm. The main exception to this rule arises in the case of small children, who, although trespassing, are provided greater protection through the attractive nuisance doctrine. Under this doctrine, the owner of a private residential swimming pool could possibly be held liable for the drowning of a five-year-old trespasser if the owner did not maintain adequate fencing around the pool. Regarding licensees, they are on the premises with the permis­sion of the occupier. The occupier therefore owes them a duty of warning them of dangers which are not obvious and which are known to the occupier. A host must warn a guest of danger, such as a sliding glass door which is “invisible” if the patio lights are on and the house lights are off. The occupier, however, does not owe a duty to the licensee to take any steps to learn the presence of unknown dangers and is under no duty to foresee and guard against every possible hazard. Invitees are such people as customers whose presence is sought by the occupier to further the business interests of the occupier. Another good definition of invitee is a person who goes on the premises of another in answer to an expressed or an implied invitation of the owner for their mutual advantage. There is a duty in this case to take reasonable steps to discover any danger, and there is a duty to warn the invitee or correct the danger. For example, a store must make a reasonable inspection of the premises to make sure there is nothing on the floor that would be dangerous such as a slippery substance that might cause a customer to fall. The store should either correct the condition or rope off the area, or, at least, give a warning of a wet floor.  For more information follow Slip/Trip Falls Accidents link.

Small Estate Trust Law

Small estate is any estate valued at less than an amount set by state law. Small estates may qualify for a simplified proceeding for small estates. Small estate proceedings require less paperwork, cost less and take less time. Small estate administration is an alternative to a formal probate of an estate when the assets, liens, and encumbrances of the estate are under a certain statutory amount, which varies by jurisdiction. It is a faster, easier, alternative to the probate process, involving less paperwork and delay. It involves the use of a small-estate affidavit for estates ranging from $1,000 to $150,000 or even higher, depending on state law. This approach is particularly advantageous where the bulk of the estate is in a trust and only an automobile or small bank account is in the name of the decedent at the time of death. No court administration is required. For more information follow Small Estate Trust Law link.

Special Needs Trust

A “special needs trust” may be set up to provide for a disabled child’s or adult's extra and supplemental needs, other than basic food, shelter and health care expenses that may be covered by public assistance benefits that the beneficiary may be entitled to receive under various programs such as Supplemental Security Income (“SSI”) and Medicaid. The special needs trust is primarily governed by federal law under 42 U.S.C. § 1396p (d) (4), which permits the use of special needs trusts, making them valid throughout the country. Generally, the designated trustee is given broad discretionary powers to distribute income and principal to or for the child’s or adult's benefit. Terms vary by agreement, but the trustee may have sole and absolute discretion over payments of income and principal in order to maximize your child’s eligibility for public assistance benefits under current law. The trust may also allow the trustee to terminate the trust if it is possible that your ward may in the future become sufficiently competent to manage his or her own assets. The special needs trust must be carefully drafted to comply with Medicaid and SSI rules in order to preserve the ward's eligibility for Medicaid, SSI and other governmental programs. For more information follow Special Needs Trust link.

Social Security Disability

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. "Disability" under Social Security is based on ones inability to work. Applicant is considered disabled under Social Security rules if: cannot do work that did before; cannot adjust to other work because of medical condition; and disability has lasted or is expected to last for at least one year or may result in death. This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments. For more information follow Social Security Disability link.

Stand Alone Retirement Trust

A Stand Alone Retirement Trust is a separate trust established for the primary benefit of being named as the beneficiary of a client’s retirement account, in the event the client passes away. Typically, with a retirement account such as an IRA, the client will name a spouse or a child as the primary or secondary beneficiary of the IRA. Upon passing away, the retirement plan administrator will contact the designated beneficiaries, who will typically be given the option of pulling all of the funds out of the account and take a check for the lump sum, or establishing an inherited IRA account or roll over IRA account, where the funds in the IRA account will be distributed over a period of time. Rather than providing the beneficiary with the option of receiving a lump sum check, the client may establish a Retirement Trust, where the retirement proceeds will be paid or distributed to the Trust.  The client will name the intended beneficiary of the retirement account as the beneficiary of the Trust. The client can designate an independent trustee to ensure that the retirement account funds are administered and utilized for the benefit of the beneficiary, in accordance with the terms of the trust, as set forth by the client. The trust can help to ensure that the beneficiary does not deplete or mismanage the retirement account proceeds. This type of trust is established as a separate or stand-alone trust, as the federal requirements of naming a trust as a beneficiary of a retirement account are very particular, and a standard Revocable Living Trust may not accomplish the objectives of the client or satisfy the requirements set forth by the government for ensuring that the retirement proceeds can be stretched out or deferred over the life expectancy of the beneficiary. For more information follow Stand Alone Retirement Trust link.

Student Loan Relief

Under certain circumstances, federally backed student loans – such as Direct Subsidized Loans and Federal Perkins Loans – can be discharged or forgiven. For a loan to be discharged, circumstances beyond the borrower’s control that prohibit the repayment of the loan must be identified. Requirements for student loan forgiveness vary depending on the type of loan, but most offer forgiveness for those employed in certain public-service occupations. Federal education loans must be repaid with interest in most situations. The borrower is not excused from repayment due to dissatisfaction with the school or educational program, dropping out of the program before graduation or inability to find a job after graduation. Student loan programs vary, and it is best to speak with a qualified student loan consultant, but most federal education loans can be discharged in the following situations: Permanent disability, Closure of the school during the time of study, Falsification of the loan qualifications by the school, Use of identity theft to secure the loan, Failure of the school to refund required loans to the lender, Death of the borrower. To encourage employment in public-service occupations, the federal government may waive repayment of William D. Ford Federal Direct Loans, if the borrower enters public service. This is referred to as Public Service Loan Forgiveness (PSLF). Student loans can be discharged if borrower is employed with a federal, state, or local government agency, entity, or organization or a not-for-profit organization that has been designated as tax-exempt by the Internal Revenue Service (IRS) under Section 501(c)(3) of the Internal Revenue Code (IRC). For more information follow Harassment link.

Successor Trustee’s Decisions

The absolute most important part of disability is naming successor trustees and power of attorney agents. This means that you say who’s in charge, if you are not able to make medical or financial decisions for yourself. Important Disability Planning Decisions: Naming successor (disability) trustees and power of attorney agents. Naming contingent successor (disability) trustees and contingent power of attorney agents. Describing the circumstances under which you will be deemed disabled. Appointing a disability panel to determine if you are disabled. Providing instructions as to who can benefit from your assets during any period of disability. Describing how you want to be cared for if you are disabled. Deciding whether you want a living will and/or want to be an organ donor. For more information follow Successor Trustee’s Decisions link.

 

Tax Audit Representation

Tax audit representation, also called audit defense, is a service in which a tax or legal professional stands in on behalf of a taxpayer (an individual or legal entity) during an Internal Revenue Service (IRS) or state income tax audit. In the United States, during an income tax audit or examination, the IRS and all states allow a taxpayer to have an authorized representative. The representative must be authorized to practice before the IRS or state, and specific credentials are required. The types of representatives who are allowed to represent taxpayers before the IRS in income tax audits include attorneys, certified public accountants, and enrolled agents. An audit representative develops the strategy used to defend the taxpayer’s position. He or she assists the taxpayer in preparing all documents requested by the taxing authority and typically attends all meetings and handles correspondence on behalf of the taxpayer.  For more information follow Tax Audit Representation link.

Tax Law

Tax law covers a broad range of property and transactions which are subject to taxation, such as property value, transactions (transfers and sales), licenses granting a right and/or income. The taxes involved in tax law include federal and state income taxes, county and city taxes on real property, state and/or local sales tax based on a percentage of each retail transaction, duties on imports from foreign countries, business licenses, federal tax (and some states' taxes) on the estates of persons who have died, taxes on large gifts and a state "use" tax in lieu of sales tax imposed on certain goods bought outside of the state. Congress is empowered to tax "incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." The Internal Revenue Code is today embodied as Title 26 of the United States Code (26 U.S.C.). Individuals as well as corporations are required to file income tax returns. While corporations are subject to may of the same rules as are individual taxpayers, they are also covered by an intricate body of rules addressed to the peculiar problems of corporations. For more information follow Tax Law link.

Tax Planning

Tax planning involves conceiving of and implementing various strategies in order to minimize the amount of taxes paid for a given period. For a small business, minimizing the tax liability can provide more money for expenses, investment, or growth. In this way, tax planning can be a source of working capital. Two basic rules apply to tax planning. First, a small business should never incur additional expenses only to gain a tax deduction. While purchasing necessary equipment prior to the end of the tax year can be a valuable tax planning strategy, making unnecessary purchases is not recommended. Second, a small business should always attempt to defer taxes when possible. Deferring taxes enables the business to use that money interest-free, and sometimes even earn interest on it, until the next time taxes are due. For more information follow Tax Planning link.

Tenancy in Common

Tenants in common hold title to real or personal property so that each has an "undivided interest" in the property and all have an equal right to use the property. Tenants in common each own a portion of the property, which may be unequal, but have the right to possess the entire property. There is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. A tenancy in common interest is distinguished from a joint tenancy interest, which passes automatically to the survivor. Upon the death of a tenant in common there must be a court supervised administration of the estate of the deceased to transfer the interest in the tenancy in common. For more information follow Tenancy in Common link.

Testament

A Will, or Testament, sometimes referred to as a Last Will and Testament, is a legal document declaring a decedent's intentions for who should manage his or her estate after death, and to whom he or she wishes various assets to be given. A Will, or Testament can be created by any person over the age of majority and of “sound mind” (having the appropriate mental capacity to understand what they are doing) can prepare a will or testament with or without an attorney. The person writing the will, also known as the “testator,” must clearly identify that he or she is the maker of the will or testament and that it is his or her intention to actually create a will or testament (usually accomplished by inclusion of the words “last will and testament” on the face of the document. If any previous wills or testaments have ever been created, the testator must expressly revoke them as well as any codicils (amendments to a will or testament). Otherwise, the subsequent will only revokes the prior wills and codicils to the extent that they are inconsistent. The will must be signed and dated by the testator, and most jurisdictions also require the signatures of two disinterested witnesses and sometimes a notary. There are several prohibited provisions in drafting a will or testament. A will cannot require an heir to commit an illegal, immoral, or other act against public policy as a condition of receiving an inheritance. Similarly, some states have laws against omitting certain beneficiaries from an estate, such as a surviving spouse. Children can be disinherited by a parent's will, except in Louisiana. The California Probate Code Section 6100 through Section 8226 governs the execution of Wills or testaments and contains other provisions relating to Wills law. For more information follow Testament or Last Will link.

Testator

Testator is a person who makes a will. A deceased person who died leaving a valid will is a testator. A will is a legal document declaring a person's wishes regarding the disposal of their property when they die. A person who dies without having made a will is said to have died intestate. For more information follow Testator link.

Toxic Exposure

Toxic exposure is any contact with a toxic substance. Because of the development in corporate industry, the number of dangerous, toxic substances in our environment has grown exponentially. Some of the toxic tort lawsuits involve lead-based paint, asbestos, dry cleaning and other solvents, pesticides such as dioxin and DDT, electro-magnetic fields from utility wires or major appliances, toxic landfill waste, breast implants, various drugs and pharmaceuticals such as DES and tainted L-tryptophan ,common industrial chemicals such as benzene and PCBs heavy metals, and other chemicals such as mercury and arsenic. For more information follow Toxic Exposure link.

Toxic Tort Law

A toxic tort is a tort caused by contact with a toxic substance. Because of the development in corporate industry, the number of dangerous, toxic substances in our environment has grown exponentially. Some of the toxic tort lawsuits involve lead-based paint, asbestos, dry cleaning and other solvents, pesticides such as dioxin and DDT, electro-magnetic fields from utility wires or major appliances, toxic landfill waste, breast implants, various drugs and pharmaceuticals such as DES and tainted L-tryptophan ,common industrial chemicals such as benzene and PCBs heavy metals, and other chemicals such as mercury and arsenic. For more information follow Toxic Tort link.

Trademark Infringement - Trademark Enforcement Law

Trademark infringement is violation of the exclusive rights attaching to a trademark without the authorization of a trademark owner. Trademark infringement is the commercial use of the same or similar mark by another with respect to related goods or services which is likely to cause confusion with respect to actual or potential customers of the trademark owner's goods or services. Infringement occurs when a person, the infringer, uses a trademark which is identical or confusingly similar to a trademark owned by another person, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark can commence legal proceedings against a party that infringes its registration. In the U.S., the federal trademark law called the Lanham Act authorizes suit to be brought for infringement of either registered or common law trademark rights. Remedies for an infringement includes injunctive relief to prohibit future infringement, the impoundment and destruction of goods bearing infringing trademarks, an infringer's profits, the trademark owner's actual damages and court costs. In the U.S., most states have their own trademark statutes. Therefore, a trademark owner has the option of pursuing a trademark infringement action based on both state and federal law and in either state or federal court. For more information follow Trademark Infringement - Trademark Enforcement link.

Truck Accident Law

Truck accident law covers personal injuries sustained by occupants of a passenger vehicle as a result of a collision with a commercial freight truck, also known as an 18-wheeler or “big rig.” Liability in these cases is premised on the doctrine of negligence. Because the negligent party is a professional truck driver, multiple sources of law will apply. These include traffic laws and civil liability rules, as well as regulations of the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA).  For more information follow Truck Accident Law link.

Trustee Law - Legal Duties of Trustee

Trustee is the person who manages a trust. The trustee, has a legal duty to manage the trust's assets in the best interests of the beneficiary or beneficiaries. Typical trustee duties include managing rental properties, investing funds or paying income to the beneficiary. Trustees are paid for their services because of the amount of work involved in managing a trust and the threat of potential liability if assets are mismanaged. Due to the high standard of duty and liability imposed on trustees, an individual or entity cannot be forced into becoming a trustee just because he or she is named in a trust document or will. The duties of the Trustee of a trust, whether it is a living trust or a testamentary trust, surround those of any fiduciary relationship, and that means there is not only a moral and ethical responsibility, but a legal one as well. A Trustee is tasked with managing the property of a trust for the benefit of the named beneficiaries within the trust documents. Trustee duties are as follows: Trustee must manage and protect trust property with transparency. The beneficiaries of a trust should understand the terms of the trust and what benefits they can expect. Trustee must Provide accounting and reporting of the trust property. A Trustee is tasked with ensuring that the trust’s property is not only managed properly, but that accounting and reporting procedures are followed. Beneficiaries are entitled to receive information regarding the assets of the trust, and the reporting requirements are outlined within trust documents or under the state law. Trustee must follow proper accounting procedures. The duties of a trustee include following GAAP, the generally accepted accounting procedures, for the recording of property, debt and transactions. Trustees may use an accountant to handle these GAAP requirements, particularly for larger trusts, the Trustee can also handle this duty themselves. Trustee must record an inventory of the property of the trust, as well as any liabilities of trust; Trustee must record all expenses; Trustee must track revenue from estate assets. For more information follow Trustee Law - Legal Duties of Trustee link.

Trust Litigation

Trust litigation can arise due to many possible causes: Trust contests, Beneficiary claims, Trust reformation, Accounting of trust finances, Breach of a fiduciary duty, Trust misappropriation and mismanagement, Questioning the validity of trusts with allegations of fraud, duress, undue influence, coercion, lack of capacity, proper trust formation, and diverting from the trustor's intent.
 For more information follow Trust Litigation link.

Trustee Liability Protection - Insurance

Trustees often overlook their need for liability insurance while administering a trust estate. Nonprofessionals and professionals (attorneys and CPAs) can be held personally liable for the decisions made and services provided during their appointment as a trustee. Claims against trustees may allege mismanagement, conflict of interest, self-dealing, breach of fiduciary duty, misrepresentation, negligent supervision and selection, or professional negligence. Responding to an allegation, even if groundless, can be costly and distracting. Trustees aren’t usually compensated to assume risk. Trust assets are not intended to protect the trustee. A trustee liability insurance policy will protect the trustee, and the trustee's personal assets, from actions arising from his or her duties as a trustee. And protection from the cost of litigation is just as important, if not more so, than protection for the payment of damages. A trustee without insurance has two sources of funds to pay for the litigation: trust assets, through indemnification provisions in the trust document, and his or her personal assets.
Many trust documents provide for indemnification of the trustee by using trust assets, but this may not be the best course. The lack of insurance to protect the trust from the cost of indemnifying trustees for claims exposes the trust assets to the cost of litigation. One attorney has suggested that the use of trust assets to provide for the defense of a claim against the trustee could then lead to a negligence claim against the trustee for failing to purchase insurance. Insurance provides an alternative source of funds for the defense of any action and damages. Trustee liability claims do occur and the frequency is increasing. Most importantly, they often occur without merit, but due to the complexity and emotion are very expensive to defend. Insurance is readily available and inexpensive. It could be part of any trustee’s compensation. For more information follow Trustee Liability Protection - Insurance link.

Undue Influence

Undue influence is a legal term often used in will contests to refer to outside pressures which negate the free will of the testator (will maker), so that the maker of the will lacks the necessary mental capacity for a valid will. Undue influence may take the form of isolating the weaker person, promoting dependency, or inducing fear and distrust of others, among other manipulations. Undue influence, like mental capacity, raises the question of whether an individual is acting freely. Duress is usually claimed as a factor in the conclusion that undue influence existed. However, duress is a causative factor, whereas undue influence is a determination that the person lacked the required mental state to legally make a decision due to duress or other factors, and based upon the following elements: The will contestant must prove the existence and exertion of an influence; the effective operation of such influence so as to subvert or overpower the mind of the testator at the time of the execution of the testament; and the execution of a testament which the testator thereof would not have executed but for such influence. Typically, courts that make determinations of whether or not undue influence has been exercised. In doing so, they consider a variety of factors, including whether the transaction took place at an appropriate time and in an appropriate setting and whether the older person was pressured into acting quickly or discouraged from seeking advice from others. Courts also consider the relationship between the parties, and the "fairness" of the transaction. For more information follow Undue Influence link.

Unified Estate and Gift Tax Credit Plans

Unified estate and gift tax credit or unified credit is a tax credit applied against the federal unified transfer tax. This credit is referred to as the "unified" credit because federal gift and estate taxation are integrated into one unified tax system. The unified estate and gift tax is a tax imposed on property transfer, especially by inheritance, by will, or as a gift. The unified credit is composed of two different limits to cover the two types of transfers. For more information follow Unified Estate and Gift Tax Credit Plans link.

Violent Crimes

The definition of violent crime suggests that violence is a behavior by persons, against persons or property that intentionally threatens, attempts, or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will alter the crime's seriousness. Often times, violent crimes against individuals and their property are typically infused with hatred, or at the very least an incredible disregard for the worth and rights of another human being which may also alter the crimes severity in the eyes of a judge or jury. The most common violent crimes are aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, manslaughter, mayhem, murder, terrorism and theft/larceny.
Of all violent crimes, homicides are the most serious — a crime that results in the death of another human being. Homicide can be charged as an intentional killing such as murder or manslaughter or as a negligent killing such as involuntary manslaughter. Murder and manslaughter are the most serious homicides which can result in lengthy prison terms or a death sentence. Involuntary manslaughter, a crime where there is no intention to kill or do grievous bodily harm, also can result in a long prison sentence. For more information follow Violent Crimes link.

White Collar Crimes

White collar crime is a generic term for crimes involving antitrust violations, computer/internet fraud, credit card fraud, phone/telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage, and trade secret theft, and other forms of dishonest business schemes.
The term comes from an incorrect generalization that white collar crimes are committed by executives who work in white shirts, as opposed to physical crimes which are committed by blue collar workers. White-collar crime tends to be made up of complex, sophisticated, and relatively technical actions. Victimization is not as obvious as in violent crimes because harm is usually spread out over a substantial number of victims. The monetary sums that are involved tend to be quite large. For more information follow White Collar Crimes link.

Whistleblowers

A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. Whistleblowers can be employees, suppliers, contractors, clients or any individual who somehow becomes aware of illegal activities taking place in a business either through witnessing the behavior or being told about it. Whistleblowers are protected from retaliation under various programs created by the Occupational Safety and Health Administration (OSHA) and the Securities and Exchange Commission (SEC). Different organizations are interested in different sets of illegal activities reported by whistleblowers. While OSHA is more interested in the environmental and safety breaches, the SEC is interested in securities law violations. Organizations such as these offer awards for some information provided by whistleblowers and often allow for online submissions of information as well as anonymity. For more information follow Whistleblowers link.

Will - Pour Over Will

A will established by an individual who has already taken the necessary steps to set up a trust, so that upon the death of the individual, all of his or her assets are to be transferred - or "poured over" - to the trust. By doing so, the individual ensures that his or her estate has an explicit direction to shift assets into the trust. A pour-over will adds a degree of safety and peace of mind to an individual's estate planning, because any assets that were not included in the trust, for one reason or another, will be poured-over to it by virtue of the will. The will can also stipulate that the assets intended for the trust be distributed to the beneficiaries if, for some reason, the trust itself is not able to be created or is invalid at the time of the individual's death. For more information follow Will - Pour Over Will link.

Will Simple

A simple will refers to a single legal document that makes direct distribution of assets for an unproblematic estate. One can easily write a simple will by filling out an easy form bought from a stationery store. A simple will must include as minimum the name and identity of the testator; the names and details of beneficiaries; the name of the executor; particular directions. For example, directions for the care of children; and method of distributing assets. For more information follow Will Simple Will link.

Workers Compensation Law

Workers' compensation laws are designed to ensure payment by employers for some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work. Worker's compensation legislation requires the employer to furnish a reasonably safe place to work, suitable equipment, rules and instructions when they are reasonably necessary, and reasonably competent foremen and superintendents. The employer is liable for an employee's acts of negligence, for the employer's own gross negligence, and for extraordinary risks of work. In most cases the employer is not liable for accidents occurring outside the place of work, or for those which have not arisen directly from employment. For more information follow Workers Compensation Law link.

Workplace Safety Law

The primary law governing workplace safety are administered by the Occupational Safety and Health Administration (OSHA). OSHA aims to ensure worker safety and health in the United States by working with employers and employees to create better working environments. Workplace inspections are one of OSHA's principal activities. OSHA enforces workplace safety standards, and reaches out to employers and employees through technical assistance and consultation programs. Workplace violence is a serious safety issue. In the United States, there is a “General Duty Clause” in the Occupational Safety and Health Act. The General Duty Clause would include recognized threats of violence. California has legislation that requires businesses to have a workplace injury prevention plan and a specific law to combat violence in hospitals.  For more information follow Workplace Safety Law link.

Wrongful Death

Wrongful death laws fall under tort law or personal injury law. The laws are intended to compensate for harm to a person resulting in death. The laws provide legal rights and protections to the surviving beneficiaries and descendants of persons who have died as a result of another person’s negligence, intentional tort, or strict liability. The compensatory damages include medical expenses, loss of income or earning potential and psychological pain and suffering. If the death of a person is due to gross negligence, the beneficiaries can seek punitive damages. Punitive damages are awarded under wrongful death law to punish the offender and deter others from similar conduct. Some of the major types of wrongful death law cases are slip and fall (premises) injury, car or other vehicle accidents, nursing home abuse, medical malpractice, work related injury, defective drug injury, exposure to toxic materials, and defective product injuries. For more information follow Wrongful Death link.

Wrongful Termination

Wrongful termination is a term that generally refers to a person being fired illegally. Many terminations that people think of as "wrongful" aren't illegal. In most states, employment is "at will". This means that the employer can fire the employee for no reason or any reason. However, there are two main reasons why a termination may be illegal- discrimination and contracts. Employers cannot discriminate against employees are the basis of age, race, sex, national origin, disability, and a variety of other reasons. Employers cannot discriminate against an employee because he or she has "whistle blown", which is reporting illegal activity of the employer. They also cannot discriminate against an employee for engaging in other protected activities, such as filing workers' compensation claims.  If any employee has a contract with the employer, as is common when an employee belongs to a union, the employee probably cannot be fired without just cause. Contracts can be written or implied. However, this type of dispute is characterized as a breach of contract case, rather than a wrongful termination case. Wrongful-discharge action means a lawsuit instituted against an employer by his/her ex-employee alleging that the termination of the employment was illegal and it violated the terms of the contract. Generally most of the states allow an at-will employee to proceed with a wrongful discharge action based on public policy. It is also termed as wrongful termination action. For more information follow Wrongful Termination link.

Wage and Hour Claims

The Fair Labor Standards Act (FLSA) , which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous. The Act is administered by the Employment Standards Administration’s Wage and Hour Division within the U.S. Department of Labor. For more information follow Wage and Hour Claims link.


Lex Omni San Jose Attorney   GLOSSARY OF LEGAL TERMS used
 

Administrative Procedure Act administrator administrator ad litem administrator ad prosequendum administrator cum testamento annexo administrator de bonis non administrator de bonis non cum testamento annexo administrator pendente lite administrator with will annexed administratrix admiralty court admiralty law admissible evidence admission admission against interest admission of guilt admit adopt adopted child adoption adoptive parent ADR adult adultery advance advance directive advance parole advance sheets advancement adverse adverse interest adverse party adverse possession adverse witness advisory opinion affiant affidavit affirm affirmative action affirmative defense affix affranchise after-acquired evidence after-acquired property after-acquired title after-discovered evidence age discrimination Age Discrimination in Employment Act (ADEA) age of consent age of majority agency agent agent for acceptance of service agent for service of process aggravate aggravated assault aggravated battery aggravating circumstances AGI agreed statement of facts agreement aid and abet aleatory alias alibi alibi witness alien alien registration card (ARC) alienation alienation of affections alimony aliquot ALJ allegation allege Allen charge alluviation alluvion alter ego alternate beneficiary alternative dispute resolution (ADR) alternative minimum tax (AMT) alternative pleading alternative reproductive technology (ART) alternative writ of mandate (mandamus) AMBER Alert ambiguity amend amended complaint amended pleading amended tax return American Bar Association (ABA) American Civil Liberties Union American Clean Energy and Security Act of 2009 American Recovery and Reinvestment Act of 2009 Americans With Disabilities Act (ADA) amicus amicus curiae amnesty amortization AMT ancillary administration ancillary jurisdiction ancillary probate angel investor annual exclusion amount annual exclusion gift annual meeting annual percentage rate annuitant annuity annulment answer antenuptial agreement Anthony Kennedy anticipation anticipatory breach anticontest clause antilapse statute antitransfer laws antitrust laws Antonin Scalia APN apparent authority appeal appear appearance appellant appellate court appellate jurisdiction appellee applicable exclusion amount appraisal appraise appraiser appreciate appreciation approach approach the witness appurtenant APR arbiter arbitrary arbitration arbitrator arguendo argument ARM arm's length arraignment arrearages arrears arrest arrest warrant arson ART article articles of impeachment articles of incorporation articles of organization as is assault assault and battery assess assessed value assessor assessor's parcel number asset assign assigned risk assignee assignment assignment for benefit of creditors assisted suicide associate Associate Justice association assumable mortgage assume assumption assumption of risk assured asylum at issue memorandum at-will employment attached attachment attempt attest attestation attestation clause attorney attorney at law (or attorney-at-law) attorney fees Attorney General attorney of record attorney work product attorney work product privilege attorney's fee attorney-client privilege attorney-in-fact attractive nuisance attractive nuisance doctrine audit auditor augmented estate authenticate author authority authorize automatic stay autopsy avails aver averment avowal avulsion award

BAC Bachelor of Laws back-to-back life sentences bad debt bad faith badgering the witness bail bail bond bail bondsman bailee (custodian) bailiff bailment bailor bailout bait and switch Baker v. Carr (1962) balance due balance sheet balloon mortgage balloon payment ballot bank bank credit bankruptcy bankruptcy court bankruptcy discharge bankruptcy estate bankruptcy petition preparer bankruptcy proceedings bankruptcy trustee bar bar association bar examination bargain barratry barrister basis basis point battery beach bum trust provision bearer bearer paper belief bench bench trial bench warrant beneficial interest beneficial ownership beneficial use beneficiary beneficiary deed benefit benefit of counsel benevolent society benefits bequeath bequest Berghuis v. Thompkins (2010) Berne Convention best evidence rule best interests (of the child) bestiality beyond a reasonable doubt BFOQ BFP bias bid bifurcate bifurcated trial bigamy bilateral contract bill bill of attainder bill of exchange bill of lading bill of particulars Bill of Rights bill of sale binder binding precedent Bipartisan Campaign Reform Act of 2002 bird-nesting biweekly mortgage blackletter law blackmail blank endorsement blanket search warrant blind pig blind tiger blind trust blog blood alcohol concentration blood alcohol content (BAC) blood alcohol level blue card blue flu blue law blue ribbon jury blue sky laws Bluebook board of directors Board of Education v. Earls (2002) boiler room boilerplate bona fide bona fide occupational qualification (BFOQ) bona fide purchaser bond bondsman book account book value booking bookkeeper books boot border patrol bottomry bounty hunter Bowers v. Hardwick (1986) Boy Scouts of America v. Dale (2000) boycott Brady material breach breach of contract breach of promise breach of the peace breach of trust breach of warranty breaking and entering bribery brief broker Brown v. Board of Education (1954) bucket shop building and loan association bulk sale bulk sales law bulk transfer burden burden of proof burglary burial insurance burial policy Bush v. Gore (2000) business business invitee business license business records exception but-for test buy-sell agreement buyout agreement bylaws bypass trust

C corporation CAA CAFC cafeteria plan calendar calendar call calendar year accounting period call call option calumny cancel cancellation cancellation of removal caning canon law cap cap and trade capacity to contract capital capital account capital asset capital case capital expenditure capital gains capital investment capital offense capital punishment capital stock capitalization capitalized expenditure capitalized interest capitalized value capricious caption carbon offset care careless cargo insurance carnal knowledge carrier carryback carrying for hire carrying on business carryover carryover basis cartel case case law case of first impression case system cash method of accounting cash surrender value cashier's check casual labor casualty casualty loss causa mortis cause cause of action caveat caveat emptor CC&Rs CCCS cease and desist letter cease and desist order census certificate of citizenship certificate of deposit (CD) certificate of formation certificate of incorporation certificate of organization certificate of title certificate of trust certification mark certification of trust certified check certified copy certified public accountant (CPA) certiorari chain of title challenge challenge for cause chambers champerty chancellor chancery change of circumstances Chapter 11 bankruptcy Chapter 12 bankruptcy Chapter 13 bankruptcy Chapter 13 plan Chapter 7 bankruptcy Chapter 9 bankruptcy character witness charge charitable contribution charitable gift annuity charitable lead trust charitable organization charitable remainder annuity trust charitable remainder trust charitable remainder unitrust charitable trust charity chart of accounts charter chattel chattel mortgage check chief justice child child custody Child Status Protection Act (CSPA) child support child's trust Chinese Exclusion Act Christian Legal Society v. Martinez (2010) church and state churn churning CID CIF circuit court circumstantial evidence citation cite citizen citizen's arrest Citizens United v. Federal Election Commission (2010) civil civil action civil case civil code civil law civil liability civil liberties civil penalties (civil fines) civil procedure civil rights Civil Rights Act of 1964 civil union civil union partners claim in bankruptcy claims Clarence Thomas class class action Clayton Antitrust Act Clean Air Act (CAA) clean hands doctrine clean room Clean Water Act (CWA) cleaning fee clear and convincing evidence clear and present danger clear title clearly erroneous clerk Clinton v. City of New York (1998) close corporation closed shop closed-end loan closely held corporation closing closing argument closing costs cloud on title code Code of Federal Regulations (C.F.R.) Code of Professional Responsibility codefendant codicil codify cohabitation Cohan rule coho coho salmon cohousing coinsurance collaborative divorce collaborative law collateral collateral attack collateral consanguinity collateral descendant collateral estoppel collection agency collective mark collective work collision damage waiver collision insurance coverage collusion collusive action color of law color of title comaker comfort care comity comity of nations commencement of action comment commerce commercial frustration commercial law commingling commission commitment common area common carrier common interest development common law common law marriage common property common stock community interest development community property community property with right of survivorship community service community trust commutation commute a sentence company comparable rectitude comparative negligence compensation compensatory damages competence competent competent evidence competent witness compilation complainant complaint compos mentis compound interest compound question compounding a felony comprehensive insurance coverage compromise compromise verdict compulsory joinder compulsory license concealed weapon concealment conclusion conclusion of fact conclusion of law concurrent condition concurrent resolution of Congress concurrent sentence condemn condemnation condemnation action condition condition precedent condition subsequent conditional bequest conditional ownership conditional resident conditional sale conditional SSI payments conditions of carriage condominium condonation condone confess confession confession and avoidance confession of judgment confidence game confidential communication confidential relation confine confirmation hearing confiscate conflict of interest conflict of laws conformed copy conforming loan confrontation confusingly similar conjugal rights connivance consanguinity conscientious objector conscious parallelism consecutive sentence consent consent decree consent judgment consent order consequential damages conservatee conservator conservatorship consideration consign consignee consignment Consolidated Omnibus Budget Reconciliation Act (COBRA) consortium conspiracy conspirator constable constitution constitutional amendment constitutional rights constitutional tort construction constructive constructive discharge constructive eviction constructive fraud constructive notice constructive possession constructive receipt of income constructive trust construe consulate consumer credit Consumer Credit Counseling Service (CCCS) Consumer Leasing Act consumer protection laws consumer report consummation contemplation of death contempt contempt of court contest contiguous contingency contingency fee contingent contingent annuity contingent beneficiary contingent fee contingent interest contingent ownership contingent remainder contingent trust contingent will continuance continuing objection continuing trespass contra contraband contract contract for deed contract of adhesion contractor contribution contributory negligence control controlled substance controlling law controversy contumacy contutor conversion convey conveyance conveyee convict conviction cookie cooling-off rule cooperative cooperative housing cop a plea coparcenary copartner copy copyright copyright notice Copyright Office copyright owner copyright registration coroner corporate charter corporate opportunity corporate resolution corporate trustee corporation corporeal corporeal ownership corpus corpus delicti corpus juris corroborate corroborating evidence corroborating witness cosign cosigner cost basis cost bill cost of completion cotenancy cotenants cotrustee counsel counselor count countable resource counter wills counterclaim counterfeit counteroffer counterpart county attorney course of employment court court calendar court costs court docket court of appeal(s) Court of Appeals for the Federal Circuit Court of Claims Court of Customs and Patent Appeals court of equity Court of International Trade court of law court order court reporter court trial court witness court-martial covenant covenant marriage covenant not to compete covenant of quiet enjoyment covenant that runs with the land covenants, conditions, and restrictions cramdown credibility credible witness credit bureau Credit Card Accountability Responsibility and Disclosure Act of 2009 Credit CARD Act credit counseling credit file credit insurance credit report credit reporting agency credit score credit shelter trust credit union credit, n credit, v creditor creditor's claim creditor's rights crime crime against nature crime of passion criminal criminal attorney criminal calendar criminal case criminal complaint criminal insanity criminal justice criminal law criminal procedure cross-claim cross-complaint cross-examination cross-licensing cruel and unusual punishment cruelty cruelty to animals Cruzan v. Missouri Department of Health (1990) CSI effect CSS culpability culpable cum testamento annexo Cumis counsel cumulative sentence cumulative voting curator cure cure or quit current monthly income curtesy custodial interference custodial parent custodian custody custody (of a child) Customs and Border Protection (CBP) Customs Court CWA cy pres doctrine (see-pray-doctrine) cybersquatting

D.A. damages dangerous weapon Darby v. United States (1941) database date rape David H. Souter DBA de facto de facto corporation de jure de jure corporation de minimis de novo dead man's statute deadhand control deadly weapon dealer death benefit death penalty death row death taxes debenture debit card debt debt collector debt relief agency debt-to-income ratio debtor debtor in possession deceased decedent deceit deception decide decision declarant declaration declaration against interest declaration of mailing declaration of trust declaration under penalty of perjury declaratory judgment declaratory relief decree decree of distribution decriminalization dedication dedimus potestatum deductible deductible business expense deduction deed deed in lieu of foreclosure deed of trust deep link defalcation defamation default default divorce default judgment defeasance defeasible remainder defect defective defective title defendant defense defense attorney Defense of Marriage Act (DOMA) deferred compensation deficiency deficiency judgment deficit defined benefit plan defined contribution plan defraud degree of kinship delayed exchange delegate deliberate delinquent delivery demand demand letter demand note demise demonstrative evidence demur demurrer denial Department of Homeland Security (DHS) Department of Labor (DOL) Department of State (DOS) dependent dependent care plan dependents benefits deponent deportation depose deposition depreciable asset depreciate depreciation depreciation reserve derelict dereliction derivation of citizenship derivative derivative action derivative work descent descent and distribution descriptive mark desert desertion design patent detain determinable determinate sentence deuce devise devisee devisor devolution devolve dicta dictum Digital Millennium Copyright Act digital signature diligence dilution diminished capacity diminution in value direct and proximate cause direct evidence direct examination direct inheritance directed trust directed verdict directive to physicians director disability disability benefits disallowance disbar disbarment discharge discharge (of debts) discharge (of personal representative) discharge in bankruptcy dischargeable debts disclaim disclaimer disclaimer trust disclosure discount discovery discretion discretionary trust discrimination disenfranchise disfranchise disgorge disgorgement dishonor disinherit disinheritance disinterested witness disjunctive allegations dismiss dismissal dismissal with prejudice dismissal without prejudice disorderly conduct disorderly house disparate impact disparate treatment disposable income disposing mind and memory disposition dispossess dispute dispute resolution disregarding the corporate entity dissent dissenting opinion dissolution dissolution of corporation dissolution of marriage distinctive trademark distinguish distress distribute distributee distribution distribution of profits District Attorney (DA) district court District of Columbia v. Heller (2008) disturbance of the peace disturbing the peace diversion diversity jurisdiction diversity of citizenship Diversity Visa Program (the Lottery) divestiture divestment dividend divorce divorce agreement DNA docket doctor-patient privilege doctrine of equivalents document documentary evidence dog-bite statute doing business doing business as (DBA) DOMA domain name domestic partner adoption domestic partners domestic relations domestic violence domicile dominant estate dominant tenement don't ask, don't tell donation donative intent donee donor dooced double jeopardy double taxation double wills double-entry accounting doubling dower dower and curtesy down payment dowry draft dram shop rule draw drawee drawer Dred Scott v. Sandford (1857) driving under the influence (DUI) driving while black driving while intoxicated driving while intoxicated (DWI) drop dead date drunk driving due due and owing due care due diligence due process of law due, owing, and unpaid due-on-sale clause DUI dump-buyback durable power of attorney durable power of attorney for finances durable power of attorney for health care duress duty duty of care DWI dying declaration dynamite charge dynasty trust

e.g. EA earned income earned surplus earnest payment earnings record earwitness easement easement by prescription eavesdropping Economic Stimulus Act of 2008 EEOC effective assistance of counsel effective date effluxion of time Egelhoff v. Egelhoff (2001) eggshell skull egress EIR ejectment ejusdem generis elder law election of remedies election under the will electioneering elective share Electronic Funds Transfer Act electronic signature electronic surveillance eleemosynary element elements (of a case) elements (of a crime) emancipated minor emancipation embassy embezzlement embezzler emblements emergency emergency doctrine emergency protective order eminent domain emolument emotional distress employee Employee Retirement Income Security Act (ERISA) employer employment Employment Authorization Document (EAD) en banc enabling clause enclosure (inclosure) encroach encroachment encumber encumbrance endangered species Endangered Species Act of 1973 endorsement (indorsement) endowment endowment insurance enemy combatant Energy Independence and Security Act of 2007 enfranchise Engel v. Vitale (1962) English-only rule enjoin enjoyment enrolled agent (EA) enter a judgment entity entrapment entry entry of judgment environmental impact report (EIR) environmental law Equal Employment Opportunity Commission (EEOC) Equal Pay Act equal protection Equal Rights Amendment equal-opportunity employer equitable equitable distribution equitable estoppel equitable lien equitable ownership equitable relief equity equity of redemption equivalent ergo ERISA erroneous error errors and omissions escalator clause escape clause escheat escrow escrow agent escrow instructions espionage espousal esquire essential job functions Establishment Clause estate estate by entirety estate planning estate tax estate tax threshold estimated taxes estop estoppel estoppel by deed estoppel by silence estoppel in pais et al. et seq. et ux. et uxor ethical will euthanasia evaluation agreement evasion of tax eviction evidence evidentiary ex delicto ex officio ex parte ex post facto ex rel. examination examination report exception exception in deed excessive bail exchange excise excited utterance exclusionary rule exclusive license exculpate exculpatory exculpatory clause exculpatory evidence excusable neglect execute executed remainder execution executive clemency executive order executive privilege executor executory executory interest executory remainder executrix exemplary damages exempt employee exempt property exemption exemption trust exhaustion exhibit exonerate expectancy expense expenses of administration expert testimony expert witness express express contract express notice express warranty expropriation expunge extended warranty contracts extension extenuating circumstances extinguishment extortion extradite extradition extrajudicial extraordinary compensation extraordinary fees extreme cruelty extrinsic evidence extrinsic fraud eyewitness

Face amount face value fact fact finder factor failure of consideration failure of issue fair comment Fair Credit Billing Act (FCBA) Fair Credit Reporting Act (FCRA) Fair Debt Collection Practices Act (FDCPA) Fair Housing Act & Fair Housing Amendments Act Fair Labor Standards Act (FLSA) fair market value Fair Minimum Wage Act of 2007 fair trade laws fair use false arrest false imprisonment false pretenses family family allowance Family and Medical Leave Act (FMLA) family court family limited partnership family pot trust family purpose doctrine Family Smoking Prevention and Tobacco Control Act of 2009 FAPE fault divorce FCBA FCPA FCRA FDCPA FDIC Fed. Cir. federal benefit rate federal court federal courts Federal Deposit Insurance Corporation (FDIC) Federal Land Policy and Management Act Federal Mine Safety and Health Act of 1977 federal question federal tax deposits (FTD) Federal Tort Claims Act Federal Trade Commission (FTC) Federal Unemployment Tax Act (FUTA) fee fee simple fee tail felon felonious felony felony murder doctrine Feres doctrine fertile-octogenarian rule fi. fa. FICA tax FICO fictitious business name fictitious defendants fictitious name fiduciary fiduciary relationship field sobriety test fieri facias Fifa lien fighting words file file and suspend filibuster filing fee final beneficiary final decree final judgment final settlement financial guardian finder's fee finding finding of fact fire insurance firm offer First Amendment first degree murder first impression fiscal sponsor fiscal year accounting period fishing expedition fitness fixed annuity fixed asset fixed in a tangible medium of expression fixed rate mortgage fixed trust fixture flexible savings account (FSA) flight flipping FLMPA floating easement FMLA FOB for sale by owner for value received forbearance force majeure forced sale forced share forcible entry foreclosure foreclosure sale foreign corporation Foreign Corrupt Practices Act of 1977 (FCPA) foreign divorce forensic forensic animation forensic medicine forensic testimony forensics foreseeability foreseeable risk forfeit forfeiture forger forgery form interrogatories formula AB trust fornication forthwith forum forum non conveniens forum shopping foster care foster child foster parent four corners of an instrument framing franchise franchise agreement franchise tax franchisee franchiser frank fraternal benefit society benefits fraud fraud in the inducement fraudulent conveyance fraudulent transfer Fraudulent Transfer Act free and clear free appropriate public education free on board (FOB) freehold freelancer freeze-out fresh pursuit friendly suit friendly witness fringe benefit frisk frivolous frolic and detour fruit of the poisonous tree frustration of purpose FSBO FTC FTCA fugitive from justice full disclosure full faith and credit fundamental right funding a trust fungible things Furman v. Georgia (1972) future interest

Gag order garnish garnishee garnishment GATT gender bias gender identity General Agreement on Tariffs and Trade (GATT) general appearance general bequest general counsel general damages general denial general journal general ledger general partner general plan general power of attorney generation-skipping transfer generation-skipping transfer tax generation-skipping trust generic genericide Genetic Information Nondiscrimination Act (GINA) Geneva Conventions Gibbons v. Ogden (1824) Gideon v. Wainright (1963) gift gift causa mortis gift in contemplation of death gift tax Gitlow v. New York (1925) go bail going out golden parachute golden rule argument Gonzalez v. Raich (2005) good cause good faith good faith estimate (GFE) Good Samaritan rule good title goods goods & chattels goodwill governing law governmental immunity grace period Graham v. Florida (2010) grand jury grand jury witness grand larceny grand theft grandfather clause grandfathered in grant grant deed grantee grantor grantor-grantee index grantor-retained annuity trust grantor-retained income trust grantor-retained trust grantor-retained unitrust gratuitous gravamen green card greenhouse gases greenmail Gregg v. Georgia (1976) Griggs v. Duke Power Co. (1971) Griswold v. Connecticut (1965) gross estate gross income gross lease gross negligence grounds for divorce group insurance group life insurance Grutter v. Bollinger (2003) guarantee guaranteed reservation guaranteed signature guarantor guaranty guardian guardian ad litem guardian of the estate guardian of the person guardianship guest statute guilty gun control

Habeas corpus habeas corpus ad subjiciendum habitable habitual criminal half blood Hamdi v. Rumsfeld (2004) harass harassment harmless error hate crime Hate Crimes Act hazard insurance head of family head of household headnote health benefits health care declaration health care directive health care proxy health maintenance organization (HMO) hearing hearsay hearsay rule heat of passion hedge fund heir heir apparent heir at law heir hunter heiress heirs of the body held Help America Vote Act of 2002 hereditament hereditary succession hidden asset high seas highway hiring firm hit and run statute hobby loss hold harmless holder holder in due course holding holding cell holding company holding over holdover tenant holographic will home equity home office home rule home study home warranty Homeland Security Act of 2002 homeowners' association homestead Homestead Act homestead declaration homestead exemption hometowned homicide hornbook law hostile possession hostile witness hostile work environment hot pursuit hotchpot house closing house counsel household householder housekeeper Housing and Urban Development (HUD) HUD HUD-1 human rights human trafficking hung jury Hustler Magazine, Inc. v. Falwell (1988) hybrid adjustable rate mortgage hyperlink hypothecate

I-94 card i.e. IEP IIRIRA illegal illegal immigrant Illegal Immigration Reform and Immigration Responsibility Act illicit illusory promise immaterial immediate relative immigrant visa Immigration and Customs Enforcement (ICE) Immigration and Naturalization Service (INS) immunity impairs an exemption impanel impaneling impeach impeachment impleader implied implied consent implied contract implied covenant of good faith and fair dealing implied warranty implied warranty of fitness implied warranty of habitability implied warranty of merchantability impossibility impotence impound imprison improvement impute in absentia in camera in chambers in extremis in forma pauperis in haec verba in lieu in limine in loco parentis in pari delicto in perpetuity in personam in pro per in propria persona in re In Re Gault (1967) in rem in terrorem clause in toto in-house counsel in-kind in-kind income in-kind support and maintenance (ISM) inadmissible inadmissible evidence inalienable incapacitated incapacity incentive stock option (ISO) incest inchoate incidental beneficiary incidents of ownership income income in respect of decedent income statement income tax incompatibility incompatible incompetence incompetency incompetent incompetent evidence incontrovertible evidence incorporate incorporate by reference incorporation incorporator incorporeal incorporeal ownership incriminate incumber incumbrance incurable insanity indecent exposure indefeasible indefeasible remainder indemnify indemnity indenture independent contractor independent trustee indeterminate sentence index indicia indictable offense indictment indigent indispensable party individual retirement account (IRA) individualized education program indorse indorsement ineffective assistance of counsel infancy inference information information and belief informed consent infra infraction infringement infringement (of copyright) infringement (of trademark) infringement (of utility patent) ingress inherit inheritance inheritance tax inheritors injunction injunctive relief injury inlining innocent innocent spouse rule innuendo inquest INS insanity insanity defense insertion insider insider trading insolvency inspection of documents installment agreement installment contract installment credit installment sale instruction instrument insufficient evidence insurance insured insurer intangible property integrated pension plan integration integration clause intellectual property intent intent to levy intent-to-use application (ITU) intentional tort inter alia inter se inter vivos inter vivos trust interest interested witness interference interim order interlineation interlocutory interlocutory appeal interlocutory decree interlocutory judgment intermediate scrutiny intermittent leave Internal Revenue Code (IRC) Internal Revenue Service (IRS) international law Internet service provider (ISP) interpleader interrogation interrogatories interstate commerce intervene intervening cause intervention intestacy intestate intestate succession intoxication intrinsic fraud inure inurement invasion of privacy inventory inverse condemnation invest investigative background check investigative consumer report investment investor invitee involuntary IP ipse dixit ipso facto IRA Iraq War Resolution of 2002 IRC irreconcilable differences irrelevant irremediable or irretrievable breakdown irreparable harm irreparable injury irresistible impulse test irrevocable life insurance trust (ILIT) irrevocable trust IRS IRS expenses IRS Regulations ISP issue issue preclusion itemized deductions

J. J.D. JAG Jane Doe jaywalking jeopardy Jim Crow law JNOV jobber Jobs and Growth Tax Relief Reconciliation Act of 2003 John Doe John G. Roberts, Jr. John Paul Stevens joinder joinder of issue joint joint adventure joint and several joint custody joint defendant joint enterprise joint liability joint ownership joint powers agreement joint resolution of Congress joint tax return joint tenancy joint tortfeasors joint venture joint work Jones Act journal joyriding judge judge advocate judgment judgment by default judgment creditor judgment debt judgment debtor judgment notwithstanding the verdict (JNOV) judgment proof judicial judicial discretion judicial foreclosure judicial notice judicial proceeding judicial sale jumbo loan jump bail junk bond jurat Juris Doctor (J.D.) jurisdiction jurisdictional amount jurisprudence jurist juror jury jury box jury duty jury fees jury instruction jury nullification jury of one's peers jury panel jury selection jury stress jury tampering jury trial jus cogens jus naturale just cause just compensation justice justice of the peace (JP) justice system justiciable justifiable homicide juvenile court juvenile delinquent

K kangaroo court Keogh plan key employee kidnapping kin kindred kiting know-how Korematsu v. United States (1944)

L.W.O.P. L3C labor and materials (time and materials) labor certification laches land land trust landlady landlocked landlord landlord and tenant landlord's lien Lanham Act lapse lapse statute larceny last antecedent rule last clear chance last will and testament latent ambiguity latent defect lateral support law law and motion calendar law in books law of admiralty law of the case law of the land lawful enemy combatant lawful issue lawful permanent resident (LPR) Lawrence v. Texas (2003) lawsuit lawyer lay a foundation lay witness lead hazard leading question lease lease option leasehold least restrictive environment leave year Lee v. Weisman (1992) legacy legal legal succession legal action legal advertising legal age legal aid legal cause legal custody legal duty legal fiction legal malpractice legal papers legal risk placement legal separation legal services legal tender legalese legatee legislative immunity legitimate lemon lemon law lessee lesser crime lessor let letter of credit letter of request letters letters of administration letters rogatory letters testamentary leverage levy lewd lewd and lascivious lex loci LGBT liability liability insurance coverage liable liar loan libel libel per se liberty license licensee licensor licit lie detector test lien lienor LIFE Act life beneficiary life estate life expectancy life insurance life insurance avails life insurance trust life tenant life without possibility of parole life-prolonging procedure life-sustaining procedures life-sustaining treatment like-kind property likelihood of confusion Lilly Ledbetter Lilly Ledbetter Fair Pay Act of 2009 limitation of actions limited equity housing limited jurisdiction limited liability limited liability company (LLC) limited liability partnership (LLP) limited partnership limited personal liability limited power of attorney limiting instructions lineal consanguinity lineal descendant lineup link liquid asset liquidate liquidated damages liquidating partner lis pendens listed property literary works litigant litigation litigator litigious living trust living will LLC LLP loan broker loan consolidation local rules locus loiter loitering long cause long-arm statute loss loss carryover loss damage waiver (LDW) loss of bargain rule loss of consortium loss of use Loving v. Virginia (1967) low-profit limited liability company (L3C) lower court LRE LULAC

M'Naughten Rule M.O. MACRS magistrate Magna Carta Mail or Telephone Order Rule mailbox rule maim mainstreaming major life activity majority make make one whole maker malfeasance malice malice aforethought malicious prosecution malpractice malum in se malum prohibitum mandamus mandate mandatory mandatory injunction mandatory joinder manifest Mann Act manslaughter manual accounting system Mapp v. Ohio (1961) Marbury v. Madison (1803) margin marginal tax rate marital deduction marital misconduct marital privilege marital property marital settlement agreement marital termination agreement marital tort maritime court maritime law mark marked for identification market value marketable title marriage marriage certificate marriage license marshal martial law Martin v. Hunter's Lessee (1816) Martindale-Hubbell mass layoff mass tort Massachusetts trust master master and servant master trust material material breach material witness matter of record Matthew Shepard Act Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act maturity may mayhem McCain-Feingold Act McCulloch v. Maryland (1819) McDonald v. City of Chicago (2010) McNabb-Mallory Rule McNaghten Rule MDL means test mechanic's lien median family income mediation mediator Medicaid medical certification medical marijuana Medicare Medicare tax meet and confer meeting of creditors meeting of the minds Megan's Law member memorandum memorandum decision Memorandum of Points and Authorities mens rea mental anguish mental competence mental cruelty mental suffering mercantile law merchantable mercy killing mercy rule (character evidence admissibility) merger mesne mesne profits metes and bounds mileage log military commission Military Commissions Act of 2006 military law millage MINE Act Mine Improvement and New Emergency Response Act of 2006 Mine Safety and Health Administration MINER Act mineral rights minimum contacts minimum wage mining claim ministerial act minor minority minutes Miranda v. Arizona (1966) Miranda warnings mirror wills misappropriation misdemeanor misfeasance misjoinder misprision of a felony misrepresentation mistake mistrial misunderstanding mitigating circumstances mitigation of damages MLS Model Rules of Professional Conduct modification modus operandi moiety molestation money order monopoly month-to-month month-to-month tenancy monument moonlighting moot moot court moot point moral certainty moral rights moral turpitude moratorium mortality charge mortgage mortgage broker mortgage delinquency mortgage rate buydown mortgage servicer mortgage-backed security mortgagee mortgagor mortmain motion motion for new trial motion for summary judgment motion in limine motion to dismiss motion to strike motion to suppress motive mouthpiece movant move moving party mugging Muller v. Oregon (1908) multidistrict litigation multiple listing service multiplicity of actions municipal municipal court muniment of title murder mutual mutual wills mystic will

Naked option narcotics National Credit Union Administration (NCUA) National Credit Union Share Insurance Fund (NCUSIF) National Labor Relations Board (NLRB) National Visa Center (NVC) natural law natural person naturalization Near v. Minnesota (1931) necessaries necessary inference necessary party necessities negative amortization negative averment negative income negative pregnant negligence negligence per se negligent negligent tort negotiable instrument negotiation net net earnings net estate net income net lease net loss net operating loss (NOL) new matter New York Times v. Sullivan (1964) next friend next of kin nihil nil nisi prius No Child Left Behind Act of 2001 no contest no fault no-contest clause no-fault divorce no-fault insurance no-par stock nol. pros. nolle prosequi nolo nolo contendere nominal damages nominal party nominee non compos mentis non sequitur noncompete noncompetition agreement nonconforming use noncontest clause noncontestability clause noncontiguous noncountable resource noncustodial parent nondischargeable debts nondisclosure agreement nondiscretionary trust nondisparagement clause nonexempt employee nonexempt property nonfeasance nonimmigrant nonimmigrant visa nonjudicial foreclosure nonlapse statute nonobviousness nonprobate assets nonprobate estate nonprobate transfer nonprofit corporation nonrecourse loan nonrecurring closing costs nonsolicitation agreement nonsuit nontransferable ticket Norris v. Alabama (1935) not guilty not guilty by reason of insanity notarize notary notary public note notice notice of default notice of deficiency notice of tax lien notice to quit notorious possession NOV (non obstante veredicto) novation novelty noxious nugatory nuisance nuisance fees nulla bona nullity nunc pro tunc nuncupative will

O.R. O.S.C. oath oath of office obiter dicta obiter dictum object objection obligation obligee obligor OBRA obscene obscenity obstruction of justice occupancy occupancy standard occupant occupation occupational disease occupational hazard Occupational Safety and Health Act (OSHA) occupy the field of counsel off calendar offender offense offensive collateral estoppel offer offer in compromise offer of proof offeree offeror officer officer of the court official official misconduct officious intermeddler offset offshore corporation Oil Pollution Act of 1990 Older Workers Benefit Protection Act (OWBPA) olographic will omission omitted heir omnibus clause on all fours on demand on or about on or before on the merits on the stand one-bite rule one-person, one-vote rule one-year rule open adoption open court open-ended loan opening statement operating agreement operation of law opinion option Option ARM oral contract order order of examination order to show cause ordinance ordinary course of business original jurisdiction original work of authorship origination fee orphan orphan works OSHA ostensible agent ostensible authority ouster out of court out-of-pocket expense outbuilding outlaw output contract overbooking overcharge overrule overt act owelty own recognizance (OR) owner owners' agreement ownership ownership in common

Pain and suffering palimony palliative care pander panderer panel paper hanger par par value par-value stock paralegal paramount title parcel pardon parens patriae parent Parental Kidnapping Prevention Act (PKPA) parental neglect parenting plan pari delicto parish parody parol parol evidence rule parole partial breach partial disability partial verdict Partial-Birth Abortion Ban Act of 2003 partially secured debt participate partition partition by sale partition in kind partner partnership party party of the first part party of the second part party wall pass-through taxation passenger passive pat-down patent patent ambiguity Patent and Trademark Office (PTO) patent claim patent claims patent deed patent defect patent drawing patent infringement patent pending patent search patent troll paternity suit Patient Protection and Affordable Care Act of 2010 Patriot Act pawn pawnbroker pay or quit payable payable on demand payable-on-death designation payback provision payee payment in due course payment in full payment into court payor payroll taxes PBGC peace bond peaceable possession peculation pecuniary pedophilia peeping Tom peer peer review pen register penal penalty penalty clause pendent jurisdiction pendente lite penitentiary pension Pension Benefit Guaranty Corporation (PBGC) people People's Initiative to Limit Property Taxation per per capita per curiam per diem per se per stirpes percipient witness peremptory peremptory challenge peremptory norm peremptory writ of mandate (or mandamus) perfect perfected perform performance perjurer perjury PERM permanent disability permanent injunction permanent injury permanent resident permit perpetuity person personal effects personal financial responsibility counseling personal guardian personal injury personal injury recovery personal property personal representative personal service personal services personalty pet trust petit jury petition petitioner petty larceny phishing physical custody physical incapacity physician-assisted suicide physician-patient privilege picketing piercing the corporate veil piercing the veil pilferage pimp pink slip piracy PITI PKPA plagiarism plain error plain view doctrine plaintiff plaintiff's attorney Plan for Achieving Self-Support (PASS) Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) plant closing plant patent plea plea bargain plea in abatement plead pleading pledge plenary Plessy v. Ferguson (1896) Plyler v. Doe (1982) PMI POD points and authorities poison pill police court police powers political question poll poll book polygamy polygraph POMS Ponzi scheme pooled trust pornography positive law posse comitatus possess possession possession of stolen goods possessory interest possibility of a reverter post post hoc post mortem postdated check posthumous child posting postjudgment interest pot pot trust pour-over will power of acceptance power of appointment power of attorney PPA practicable practice praecipe pray prayer for relief pre-dup precatory precedent predatory lending predecease predeceased spouse preemption preemptive right preference preference relative preferred dividend preferred stock Pregnancy Discrimination Act prejudgment interest preliminary hearing preliminary injunction premarital agreement premeditation premises premium prenatal tort prenuptial agreement prepayment penalty preponderance of the evidence preregistration agreement prerogative writ prescription prescriptive easement presenteeism presentment Presidential signing statements presiding judge presumed abuse presumed maximum value (PMV) presumption presumption of innocence pretermitted heir pretrial discovery prevailing party price fixing prima facie prima facie case prime suspect primogeniture principal principal place of business Principal Register prior art prior restraint prior(s) priority priority date priority debt privacy private annuity private carrier private mortgage insurance private nuisance private property private road privilege privilege against self-incrimination privileged communication Privileges and Immunities Clause privity pro bono pro forma pro hac vice pro per pro rata pro se pro tanto pro tem pro tempore probable cause probate probate court probate estate probation probative probative facts probative value procedural law procedure proceeding proceeds for damaged exempt property process process server proctor product liability products liability professional corporation professional negligence proffer profit and loss statement profit margin prohibition promise promissory estoppel promissory note promoter promotional stock proof proper party property property control trust property damage property guardian property tax property tort Proposition 13 Proposition 8 propria persona proprietary proprietary interest proprietary lease proprietary rights proprietor proprietorship prosecute prosecuting attorney prosecution prosecutor prospectus prostitute prostitution protected characteristic protected class protective custody protest prove proving a will provisional ballot provisional patent application (PPA) provisional remedy proviso provocation proximate cause proxy prudent person rule PTO public public administrator public benefit corporation public charge public corporation public defender public domain public domain lands public easement public figure public nuisance public property public record public trust doctrine public use public utility publication publish published work puffery puffing punitive damages pur autre vie put option putative pyramid scheme

QDOT QDRO QMSCO QTIP trust Qualified Domestic Relations Order (QDRO) qualified domestic trust qualified endorsement qualified individual with a disability qualified intermediary Qualified Medical Child Support Order (QMSCO) qualified ownership qualified personal residence trust (QPRT) qualified plan qualified retirement plan qualified small business stock qualified witness quantum meruit quash quasi quasi contract quasi in rem quasi-community property quasi-corporation quasi-criminal quasi-judicial quasi-personalty Queen's Bench question of fact question of law qui tam action QUID quid pro quo quiet enjoyment quiet title action quit quitclaim deed quo warranto quorum quotient verdict

Racketeer Influenced and Corrupt Organizations Act (RICO) racketeering rainmaker ransom rape ratable ratification ratify rational basis rational basis test read on ready, willing, and able reaffirmation real covenant real estate real estate agent real estate broker real estate investment trust (REIT) real party in interest real property Realtor realty reasonable reasonable accommodation reasonable care reasonable doubt reasonable person reasonable reliance reasonable speed reasonable time reasonable victim reasonable wear and tear rebate rebuttable presumption rebuttal rebuttal witness recapture receipt receiver receivership recess recidivist reciprocal beneficiaries reciprocal discovery reciprocity reckless reckless disregard reckless driving reconveyance record record keeping recording recording acts records recoupment recourse recourse loan recover recoverable recovery recurring closing costs recusal recuse red herring redaction redeem redemption reentry referee referendum reformation refresh one's recollection refugee Regents of the University of California v. Bakke (1978) register Register of Deeds registered agent registered sex offender registration statement registry of deeds regulation Rehabilitation Act of 1973 rehearing REIT release release on one's own recognizance relevant reliance reliction relief relinquished property remainder remainder subject to a condition precedent remainder subject to divestment remainder subject to open remainderman remand remedy remise remittitur removal renewal rent rent control rent to buy rent to own rent withholding rental agreement rental value renunciation reorganization repair and deduct repeal replacement property replacement value replevin reply brief reports repossess repossession represent representation representative representative payee reprieve repudiation reputation reputed request request for admission request to admit required minimum distribution requirements contract res res adjudicata res gestae res gestae witness res ipsa loquitur res judicata res nova resale rescind rescission rescue doctrine reservation reserve fund residence resident residuary beneficiary residuary bequest residuary estate residue resisting arrest resolution resolution of Congress respondeat superior respondent response responsible responsive pleading Restatement of the Law restitution restraining order restraint of trade restraint on alienation restriction restrictive covenant restrictive endorsement resulting trust resume inflation retained earnings retainer retaliation retaliatory eviction retirement benefits retraction retrial retroactive return of service revenue agent revenue ruling reversal reverse engineering reverse mortgage reversible error reversion reverter review revival revocable living trust revocation revoke revolving credit Reynolds v. Sims (1964) rhadamanthine RICO rider right right of representation right of survivorship right of way right to cancel (a contract) right to counsel right to privacy right to work state rights riot riparian riparian rights ripe risk risk of loss roadside test robbery Roe v. Wade (1973) rogatory letters roll over Roth v. United States (1957) royalty rule rule against perpetuities rule of doubt rules of court ruling running at large running with the land Ruth Bader Ginsburg

S corporation Salazar v. Buono (2010) sale sales tax salvage same-sex marriage sample ballot Samuel Anthony Alito, Jr. sanction Sandra Day O'Connor Sarbanes-Oxley Act satisfaction satisfaction of judgment satisfaction of mortgage save harmless savings and loan Schecter Poultry Corp. v. United States (1931) schedule Schenk v. United States (1919) School District of Abington Township, Pennsylvania v. Schempp (1963) scienter scintilla scope of employment scrivener seal sealed verdict sealing of records search search and seizure search warrant SEC Second Amendment second degree murder secondary boycott secondary meaning secret rebate secret warranty program Section 1981 Section 504 Section 8 Section1244 Stock secured debt secured transaction securities Securities and Exchange Commission (SEC) security deposit security interest sedition seduction seised seisin seized seizin seizure self-dealing self-defense self-employed self-employment tax self-executing self-help self-incrimination self-proving will self-serving self-settled trust sell seller senior lien sentence SEP SEP-IRA separate property separation separation agreement separation of church and state separation of powers sequester sequestration seriatim serious health condition servant service service business service by fax service by mail service by publication service mark service of process servient estate servient tenement session set set aside setback setoff setting settle settlement settlor severability clause severable contract several liability severance severance pay sex offender Harassment shall share shared custody shared equity mortgage shareholder shareholder's derivative action shareholders' agreement shareholders' meeting sharp practice Shelley v. Kraemer (1948) sheltered workshop Shepardize sheriff sheriff's sale Sherman Antitrust Act shield laws shifting the burden of proof shoplifting short cause short sale shortening time shotgun charge show cause order sick leave sickness benefits sidebar sideline business signature guarantee signing statement silent partner similarly situated simple trust simplified employee pension plan simultaneous death act sine qua non single-entry accounting situs skip person slander SLAPP suit slayer statute small claims court small entity small estate smoking gun Social Security Social Security Administration Social Security statement Social Security tax sodomy sole custody sole proprietorship solicitation solicitor Solicitor General solitary confinement solvency Sonia Sotomayor sound mind and memory sound recording sounds in sovereign immunity spam speaking demurrer spear phishing special administrator special appearance special circumstances special damages special education Special Immigrant special master special needs special needs trust special power of attorney special prosecutor special verdict specials specific bequest specific devise specific finding specific intent specific legacy specific performance specification speculative damages speedy trial spend down spendthrift clause spendthrift trust spite fence split custody sponsor spontaneous exclamation spot zoning spousal privilege spousal share spousal support springing durable power of attorney springing interest sprinkling trust SSA SSDI SSI stakeholder stalking standard mileage rate standard of care Standard Oil Co. of New Jersey v. United States (1911) standing star chamber proceedings stare decisis Starker exchange state state action state court state's attorney stated-income loan status status conference statute statute of frauds statute of limitations statutory damages statutory offer of settlement statutory rape statutory share statutory subject matter stay stay of execution stayaway order stepchild Stephen Breyer stepparent stepparent adoption stepped-up basis stipulation stirpes stock stock certificate stock dividend stock in trade stock option stockholder stockholder's derivative action stop and frisk straight-line depreciation strategic default straw man street strict construction strict liability strict scrutiny strike structure sua sponte subchapter S corporation subcontractor sublease submit subordination subordination agreement subornation of perjury subpena (subpoena) subpena duces tecum subpoena subprime loan subprime mortgage subrogation subrogee subrogor subscribe subscribing witness subsidiary substantial performance substantive law substituted service substitution substitution of attorney substitution of parties subtenant success billing succession succession representative successive sentences successor trustee suffering sufficient cause sui generis suicide suicide clause suit sum certain summary adjudication summary judgment summary probate summation summons sunset law sunshine laws superior court supernumerary witness supersedeas superseding cause supervening cause supplemental supplemental needs trust Supplemental Register Support Our Law Enforcement and Safe Neighborhoods Act of 2010 suppression of evidence supra supremacy clause Supreme Court surcharge surety surplusage surrebuttal surrender value surrogate surrogate court surveillance surviving spouse surviving spouse's trust survivor survivors benefits survivorship suspect classification suspended sentence suspension of deportation sustain swear swearing match sweat equity swift witness swindle syndicate

Tainted evidence take taking taking against the will taking the Fifth tangible employment action tangible personal property target witness tax tax attorney tax auditor tax basis tax bracket tax costs tax court tax credit tax deduction tax evasion tax examiner tax fraud tax lien notice tax registration certificate tax return tax sale tax withholding tax-deferred exchange tax-exempt income taxable income taxpayer bill of rights taxpayer identification number (TIN) temporary injunction temporary insanity Temporary Protected Status (TPS) temporary restraining order (TRO) tenancy tenancy at sufferance tenancy at will tenancy by the entireties tenancy by the entirety tenancy in common tenant tenants in common tender tender back rule tender offer tenement tentative trust tenure term term life insurance terrorem clause testacy testamentary testamentary capacity testamentary disposition testamentary trust testate testate succession testator testatrix testify testimony Texas v. Johnson (1989) TFRP theft third degree instruction third party third-party beneficiary third-party trust threatened species three strikes three-day notice three-of-five test tidelands TILA time is of the essence time served timely title title abstract title company title insurance Title IX title report title search Title VII Title X to wit TOD TOD deed toll tontine too big to fail tools of the trade tort tort claims act tortfeasor tortious tortious interference Totten trust toxic mold toxic tort trade dress trade fixture trade name trade secret trademark trademark owner trademark registration trademark search traffic transaction transcript transfer transfer agent transfer in contemplation of death transfer-on-death (TOD) transfer-on-death deed transferred intent transgender transsexual treason treasury bill treasury bond treasury note treasury stock treatise treaty treble damages trespass trial trial court trial de novo tribunal trier of fact triple net lease TRO true bill trust trust administration trust corpus trust declaration trust deed trust fund trust fund recovery penalty (TFRP) trust fund taxes trust instrument trust merger trust protector trust res trustee trustee in bankruptcy trustee powers trustor Truth in Lending Act (TILA) turn state's evidence turncoat witness Twinkie defense typosquatting

U.N. U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 UBO UCC UCC Financing Statement UCC-1 Form UCCJEA ultimate fact ultra vires ultrahazardous activity unbundled legal services unclean hands unconscionability unconscionable unconstitutional uncontested divorce under the influence undercapitalization undersecured debt underwater mortgage underwrite underwriter undisclosed principal undivided interest undocumented immigrant undue burden undue hardship undue influence unearned income unemployment insurance (UI) unenforceable contract unfair competition unified estate and gift tax Uniform Anatomical Gift Act Uniform Child Custody Jurisdiction and Enforcement Act Uniform Commercial Code Uniform Gifts to Minors Act (UGMA) uniform law Uniform Premarital Agreement Act Uniform Principal and Interest Act Uniform Probate Code Uniform Prudent Investor Act Uniform Resource Locator (URL) Uniform Simultaneous Death Act Uniform Transfer-on-Death Securities Registration Act Uniform Transfers to Minors Act Uniformed Services Employment and Reemployment Rights Act (USERRA) unilateral contract unincorporated business organization (UBO) uninsured motorist clause union security agreement union shop unissued stock United Nations United States Attorney United States Citizenship and Immigration Services (USCIS) United States Copyright Office United States Court of Appeals for the Federal Circuit United States Patent and Trademark Office (USPTO) United Steelworkers of America v. Weber (1979) universal life insurance unjust enrichment unlawful unlawful assembly unlawful detainer unlawful enemy combatant unqualified ownership unreasonable search and seizure unsecured debt upside-down mortgage URL use use tax useful life usefulness usufruct usufructuary usurious usury utility patent UTMA utter uxor

Vacant succession vacate vagrancy valuable consideration Van Orden v. Perry (2005) variable annuity variable life insurance variable universal life insurance variance vehicular manslaughter vendee vendor venire veniremen venue verdict verification vertical privity vest vested vested ownership vested remainder vexatious litigation vicarious liability view ordinance vigilante Village of Euclid v. Amber Realty (1926) visa visa waiver program visitation rights viz void void for vagueness voidable contract voir dire volenti non fit injuria voluntary bankruptcy voter bill of rights voting trust

W-2 form wage attachment wages waive waiver wanton ward warrant warranty warranty adjustment program warranty deed warranty of fitness warranty of merchantability wash sale Washington DC Voting Rights Amendment waste watered stock Watkins v. United States (1957) Waxman-Markey Bill weight of evidence wet reckless whiplash whistleblogger whistleblower white-collar crime whole life insurance widow widow's election widower wildcard exemption will will contest willful willful tort winding up winding up a corporation wiretap wiretapping with prejudice withdrawal withdrawal of a corporation withholding witness witness stand witnesseth wobbler Woodson v. North Carolina (1976) words of art words of procreation work credits work for hire work made for hire work permit work product Worker Adjustment and Retraining Notification Act (WARN) workers' compensation Workers' Compensation Acts workmen's compensation workout World Court writ writ of attachment writ of coram nobis writ of execution writ of mandate (mandamus) writ of prohibition write-off wrongful death wrongful termination wrongful termination in violation of public policy

Yellow-dog contract Youngstown Steel v. Sawyer (1952) youthful offender

Zambrano zealous witness zero tape zoning

 

LEX OMNI____________  San Jose Attorney ________________LEX OMNI

 
           
  San Jose Santa Clara Bay Area attorney | Lawyers providing legal services | Call now, LEX OMNI @ 408-236-2033 to setup appointment today with Affordable legal services, affordable attorney fees | Affordable wills and living trusts lawyer providing low cost legal services, San Jose, Santa Clara, Bay Area | 
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Lex Omni San Jose Attorney
Lex Omni San Jose Attorney is a group of lawyers with extensive experience and wide practice spectrum with the mission to offer affordable legal services to INDIVIDUALS and SMALL BUSINESSES. Lex Omni translates from Latin to Law for All but also could be loosely translated to All Law, Businesses are assisted from the formation stage to the exit stage, through legal support not only in the areas of contracts, labor and employment, insurance and taxation, real property, pensions and benefits, but also the more complex matters of intellectual property, environmental law and business torts.
In addition to small business legal services, Lex Omni San Jose Attorney attorneys offers related non-business legal advice and representation. Individual clients can select from Estate Planning and Assets Protection services, as well as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex Omni San Jose Attorney attorneys lend support at affordable prices through a variety of services ranging from access to “off-the-shelf” document drafting to opinion letters. Clients can choose between low hourly rates or customized flat fee packages. Lex Omni San Jose Attorney affordable legal services rates start from $250.00/hr which are well below the national average legal fees as published by United States Attorney's Office, District of Columbia, also known as Laffey Matrix. Lex Omni San Jose Attorney offers significant discounts for small businesses, disabled, veterans and senior citizens. Lex Omni San Jose Attorney practice represents clients in commercial real estate deals and in commercial litigation matters throughout the state of California, including San Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara county. Lex Omni Business Law is also best choice for out-of-state and international clients with business interests in California.

If you need help, call now, LEX OMNI @ 408-236-2033 | $250.00/hr legal services attorney.
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  LEX OMNI San Jose Attorney

900 Lafayette St, Ste 201,

 Santa Clara, CA 95050

LEX OMNI San Jose Attorney