Archive for the ‘legal’ Category
January 21st, 2012 | 
Author: Does your lawyer charge you an arm and a leg? Do you feel like you are getting the short end of the stick every time you talk to your attorney, as if he or she is holding you out for ransom, even hiding the law from you so you have to pay them more? Do you think it is a giant conspiracy at the ABA American Bar Association and the consumer, small business, or client just cannot win? If so, you may be interested in learning the reality behind it all.
So, let’s start from a free-market theory; something is only worth what someone will pay for it, and supply and demand determines the price in free markets. Thus, much of the lawyers pricing has to do with value and perception of value by you the consumer, customer, or client. There are three main items that dictate the perception of value of lawyers, practicing lawyers, which are actually working for you, not necessarily politicians which happen to have law degrees:
Quality of Service
Quality of Work
Market Going Rates
Now then, if you hire a lawyer that is expensive you assume that their quality of work is excellent, as in that is a given, but beware because that is not necessarily so. But since it is assumed, that means it is a perception. Thus, by charging more this gives the illusion of quality, since “you get what you pay for” is a common theme in capitalism and if it costs more, it must be good.
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Medical malpractice is the most common legal complaint that involves hospitals and doctors. This takes place when a medical error, even the smallest or simplest one, occurs due to negligence or carelessness and results in injury, disability or fatality. It’s a popular misconception that for a medical error to be considered malpractice, death should occur. It’s not necessarily that way. If a mistake committed by a doctor or member of the medical staff results in serious injury or disability, this can also be grounds for a medical malpractice complaint.
Some of the common errors in medical malpractice include failure to diagnose or misdiagnosis of a disease, improper treatment, surgical errors, incorrect administration of anesthesia, prescription errors, and so on. If you or anyone in your family member were a victim of medical malpractice, you can file a complaint and recover for damages. Here are the steps that you need to undertake regarding this matter.
Talk to a lawyer
The first step is to find an attorney who specializes in the area of medical malpractice. Having a good lawyer by your side will help make things easier and less complicated for you. As you can probably imagine, the doctor or hospital that committed the error would do everything in its power to safeguard his/her/its reputation so you can expect that they will not be too easy in disclosing information pertinent to your case. A lawyer will help you get through this obstacle. Since most of medical malpractice cases involve lots of money, the doctor and hospital will have their malpractice defense lawyers fight arduously for the case.
Get certification of merit
Your lawyer will have a medical professional on his/her staff who will be ready for consultation regarding the details of the case. This medical professional will give a certification of merit to confirm that negligence in the medical care or treatment was present.
Notify all the parties involved
It’s not only the doctor who’s involved in the case but also the nurses and hospital (or clinic or any other medical facility). They will all be notified about the claim. They in turn will get in touch with the medical malpractice insurance providers to notify them about this. Their defense attorney will start to build defense.
File the suit
After it has been established that the case is meritorious, you and your lawyer can now work to file the case in the civil court. This will begin the legal process. The parties will have time to establish their cases and build their evidences. This will help determine the strength of the claim.
Consider settlement negotiations
Most of the cases that involve medical malpractice are settled out of the court. Since both parties are aware of the costs and risks of taking the complaint to trial, they usually agree to settle the amount out of court. If it happens that the amount of damages are not amicably agreed upon, then the plaintiff attorney will bring the case to the court.
Like legal malpractice, medical practice cases are hard and complicated. It’s best that you have a good lawyer to help you in every step of the way.
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Before getting involved into any business deductions, one should first have a good understanding of the business tax law. The business tax law involves the taxation of income and property acquired through professional efforts. In addition to income tax, there is sales tax, capital gains tax, property tax, and other areas of tax. Every business liable for income tax must keep a record of all transactions made so that the total amount of the gross income can be estimated. The interesting thing about business tax law are the changes made 
by the Bush administration with the ‘Tax Increase Preven-tion and Reconcilia-tion Act of 2005.’ This act includes several important business tax changes that will examine.
The new business tax law allows small business to deduct up to $100,000 of investments in qualifying depreciable assets through 2007. Also, under current law, the domestic manufacturing deduction is also limited to 50% of a taxpayer’s total W-2 wages. The new law modifies the wage limitation so that taxpayers may only include W-2 wages that are deducted in arriving at qualified production activities income.
For all you business owners out there, there are some advices that you can use in respect to those business tax law changes. First of all, you can continue to treat dividend payments at the lower rate.
The main business tax increases in the new law consists of – limiting the foreign earned income exclusion for housing expenses; repealing the foreign sales corporation and extraterritorial income exclusion benefits for certain “grandfathered” contracts; denying tax-free treatment to certain “cash-rich” spin-off transactions; and requiring withholding after 2010 on government contract payments.
The act also modifies certain corporate estimated tax payment requirements for large corporations (those with a minimum of $1 billion in assets), requires reporting of interest on tax-exempt bonds, and applies the earnings-stripping rules to corporate partners. Other business revenue-raisers affect foreign investors in U.S. real estate, major integrated oil companies and pooled financing bonds. Find out more about tax law and tools at http://www.localtaxabatement.com
According to the new business tax law, the self-employed tax contribution base is increased from $94,200 to about $102,000 in 2008. The self-employment tax rate continues to be 15.3%. The full rate applies to the first $102,000 of self-employment income; after that only the 2.9% Medicare tax applies.
Keep in mind that US business are taxed on their worldwide income. In other words, no matter where your business earns money from (in terms of geographic locations), it’s still treated as income taxable in the US. There is just one exception to this rule and it’s only if your business is located outside of the US and you reside there for most of the year.
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The Adam Walsh Act is a law that applies to sex offenders and who tortures. It is important you understand that if you are convicted of a sex offense involving children, including child pornography in its many forms, you will be subjected to the provisions of this law.
Some of the provisions of the Adam Walsh Act are very burdensome and can cause you to spend a great deal more time in prison than the sentence you suffered after conviction. Registration as a sex offender once you are released is required. A sex offender “registry” keeps track of persons convicted of sex crimes involving children. You could be required to check in once a year, or much more often, with the organization or the police and tell them where you live, work, and other information if required. You will be fingerprinted and photographed. Your information can be released to the public on request by any person or it could be posted in places where children congregate. Your information can also be made readily available on the internet.
You also may be monitored, electronically. This means you could be required to wear an ankle bracelet you cannot take off and that tells the organization where you are. You can be prevented from being anywhere where children gather. You could be required to undergo sex counseling, take drugs designed to diminish your sex drive, and to undergo questioning and drug and alcohol testing. Additionally, your computer can be monitored by software that will capture any images you view on the internet.
The Adam Walsh Act also allows the Government to ask the Court to keep you in jail under what is called a “civil commitment“. This means once you have served your time for the conviction, you could face a second trial to find out whether you should stay in jail because you are still a danger to children.
Before the Adam Walsh Act the Court could consider whether you are likely to commit future crimes against children before requiring you to register and do all the things that a sex offender registry would require. Under the Adam Walsh Act, though, the Court cannot decide because you may not commit future crimes against children, you do not have to register. If you are convicted, you must register.
However, if the Government asks you continue to stay in jail after you have served your time, the question of whether you are likely to commit future crimes against children is something the Court will consider. If faced with a trial for civil commitment, it is extremely important you retain counsel and an expert, like a forensic psychiatrist, to conduct consultations, write a report, and to testify at trial. The main issues that should be addressed are whether it is likely you will commit future offenses against children or view child pornography and whether you are a danger to the community.
There is no limit to the number of times the Government can request civil commitment. If they believe you are a danger, they will continue to request you remain in prison every time you are scheduled for release.
Joseph James Balliro, Jr. has been a practicing trial attorney in the New England area for 24 years and has handled many, many complex criminal and civil matters. Go to http://www.joeballirojrlaw.com where you will find information on state and federal criminal law. If you have been arrested or are concerned about a family member or friend who is having problems with the law do not hesitate to contact Mr. Balliro at joe@joeballirojrlaw.com or call (617) 737-8442 extension 3. Remember “Justice Without Compassion is Tyranny”.