Find An Attorney

Family, friends and business acquaintances are all excellent places to start your attorney search. Why is this, you may ask? Quite simply, the word of a close friend or relative means a lot more than a stranger’s, and let’s face it: it can be downright difficult to rely on reviews of products let alone an individual’s services. That’s why getting suggestions from others on who to hire can be so helpful. Maybe they use this attorney and swear by them, or maybe they have a friend that swears by them. Regardless of the connection, a recommendation from a trusted source is a great way to find a good attorney.

Find A Good Attorney Online

As everyone knows by now, the internet is an excellent resource for finding out just about anything. So why shouldn’t your quest for the perfect lawyer venture to the web? There are many legal directories online with up to date information onhow to find a good attorney in your area. You can search by location, specialty and more. What’s really great about this format is that the attorneys have much more of an interaction with you initially before you even hire them. The firm or lawyer descriptions in the directory tend to be much more personable and provide detailed information on their practice. You can make an informed decision and find a good attorney for you just from these choice words placed online.

Each listing has in depth contact information as well, making it super easy to drop them an e-mail or call them up with your questions. Since the internet makes everything easier, it’s no surprise it has made getting a lawyer a snap as well. Here are a few places to start your search to find a good attorney.

- www.attorneypages.com
- www.martindale.com
- www.lawyers.findlaw.com
- www.lawyers.com

You can also search for attorney by typing in “attorney” + “your state” or “type of practice” This should bring up directories for your state only, further narrowing your search.

Use The State Bar Association To Find A Good Attorney Each state has a bar association that can help you find a good attorney that is right for you. All you need to do is call them up, tell them why you need a lawyer, and they’ll connect you with one that performs the types of services you need. However, be aware that you will usually be charged a fee for this referral service. It can be worth it though especially if you’re unsure of how to find a good attorney for your particular legal problem.

Visit: http://www.abanet.org/barserv/stlobar.html to find the contact information of your state bar association so you can get started.

Find a Good Attorney With Legal Assistance Services

If your business is just getting off the ground and you are currently falling into the “low-income” bracket on your taxes, you may qualify for legal aid. Legal aid offers very low-cost or no-cost legal services. However, be warned that legal aid typically deals with individual issues such as those that involve transactions between tenants and landlords or family disputes. You can call your state bar association (find the number by using the link above) or even your local county court.

Find An Attorney With Local Directories

A printed directory may seem like an out of date tool, but many people, whether individuals or businesses, still find their lawyers by means of print ads in the phone book. Pull out your Yellow Pages and start looking. However, it is important to note that the phone book does not exactly have the most detailed listings and you may end up with a lawyer that does not have the skill set necessary to handle your business. For a more thoroughly detailed directory, try the Martindale-Hubbell Law Directory. This big, fat book is not one you should purchase. Just go to your local library and flip through their copy. You should be able to find plenty of information on attorneys in your area.

Really, finding a lawyer in your area with the qualifications you need is fairly easy. The hard part comes up next when you learn how to find the right lawyer out of the pack. So make sure you use as many resources as possible to find a good attorney.

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Find An Attorney

Read more on Kane County Chronicle

MALDEF attorney withdraws as counsel on ordinance lawsuit
An attorney for the Mexican American Legal Defense andEducational Fund has withdrawn as counsel in one of the lawsuitschallenging Fremont’s illegal immigration ordinance.

Read more on Fremont Tribune

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MALDEF attorney withdraws as counsel on ordinance lawsuit

Read more on The Longmont Times-Call

TONY BLAIR’S MEMOIRS: A wasted journey
The long awaited memoir is a true reflection of its author. Beguiling, unscrupulous, astonishingly egocentric, disarmingly confessional – and at its core devoid of fundamental principles or purpose.

Read more on Daily Mail

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TONY BLAIR’S MEMOIRS: A wasted journey

Read more on Brisbane Times

Attorney general investigates South Boston politician Brian Wallace’s finances
South Boston Democrat Brian Wallace is under investigation by the state Attorney General’s office for campaign finance issues. Wallace announced his retirement earlier this year.

Read more on The Patriot Ledger

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Attorney general investigates South Boston politician Brian Wallace’s finances

2. Would you like your helmet? How about your hair piece?

3. That kind of takes the wind out of your sails, doesn’t it?

4. Who would you like me to call first – the police, or an ambulance?

5. Well part of your motorcycle is over by that tree, part of it is on my hood, and I’m not really sure where the rest of it is.

6. Hey, just because you’re in a motorcycle gang and all, doesn’t mean you can get all angry just because of a traffic accident.

7. No, I was not aiming for you. I was aiming to turn at the corner and you just happened to be in front of me.

8. You’ll be glad to know I have insurance. Whether it’s good in this state is another question.

9. This is probably going to be the coup de grace for my driving record.

10. Why don’t I call a doctor? You look as if you could use one.

Now here are ten useful tips of advice from a motorcycle accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a motorcycle accident in La Habra, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good motorcycle accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good motorcycle accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good motorcycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most motorcycle accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a motorcycle accident in La Habra, Chino Hills, Diamond Bar, Anaheim Fullerton, Orange County, Tustin, Lake Forest, Fountain Valley, Rancho Santa Margarita, Newport Beach, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your La Habra Motorcycle Accident Lawyer and your Orange County Motorcycle Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

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La Habra Motorcycle Accident Attorney?s Top Ten Strange Things You May Hear After a Motorcycle Accident

Read more on The Providence Journal

Attorney for Dale Neumann withdraws from prayer death case
The attorney representing Dale Neumann in his appeal of a second-degree reckless homicide conviction has withdrawn from the case to take a full-time job, according to court records.

Read more on Marshfield News Herald

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Attorney for Dale Neumann withdraws from prayer death case

2. You know lots of people hit pedestrians, not just me.

3. These things happen, right?

4. I wonder why they call these cross walks safe. It didn’t help you much, did it?

5. Maybe I should have seen you. Are you saying I was in the wrong just because I was turned the other way?

6. No, that’s not beer in my car. I drank that hours ago.

7. Yes, that’s wine on my shirt. But that doesn’t mean you can prove I was drinking.

8. Let me say from the bottom of my very soul, that I really, really think you’re at fault for this.

9. Hey, lighten up. You’re still alive, aren’t you?

10. Things could be worse, right? You could be in my shoes. Of course, you wouldn’t be hurt, but still.

Here are ten useful tips of advice from a pedestrian accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a pedestrian accident in La Habra, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good pedestrian accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good pedestrian accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good pedestrian accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most pedestrian accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a pedestrian accident in La Habra, Chino Hills, Diamond Bar, Anaheim Fullerton, Orange County, Tustin, Lake Forest, Fountain Valley, Rancho Santa Margarita, Newport Beach, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your La Habra Pedestrian Accident Lawyer and your Orange County Pedestrian Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

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La Habra Pedestrian Accident Attorney?s Top Ten Stupid Thing Heard After a Pedestrian Accident

But, like all industries, the law, and in particular medical malpractice representation, is a commodity. And like all commodities there are a few high quality providers and a great many shabby ones. Unfortunately, finding a good medical malpractice attorney isn’t quite as a simple as finding a cheap price, rather, it’s a lot like finding a good car mechanic.

But at least with a car mechanic you can have some judge as to the quality of his work by whether your car runs at the end of the day. In medical malpractice litigation by contrast, you will never know if you got the best settlement or damages which you could have. So, the only recourse is to do your due diligence beforehand and do sufficient research to make sure that your attorney is decent.

Here are a few ground rules:

Experience matters

If your attorney is very young, then he is probably simply too young to be any good. Being a Plaintiff’s attorney (which is what you are asking him/her to be) is an extraordinarily difficult task which involves a lot of experience and know-how. While the defense typically has an army of young attorneys which are all capable in their aspect of the case, the Plaintiff’s typically have 2 or 3 attorneys which must run the whole case. So, if you meet an attorney who has been practicing for less than several years, do not hire him/her to head up your case.

Always well funded

A good Plaintiff’s attorney is always well funded. Most Plaintiff’s attorneys will offer to take your case on contingency (which means they get nothing if you don’t win). That also means, that your attorney needs to have enough money to fight a very long time for you. If the defendant recognizes that your Plaintiff’s attorney is short on cash, the Defendant will simply threaten to stretch out the case indefinitely, forcing your attorney to settle at a price much below what you could get otherwise. Verify this information by asking them what information they can provide you on the average length of the case, how much they expend, as well as intangibles like the appearance of the office.

Look for Summer Associates

A Summer Associate is a law student who works at a law firm during the summer. You may not know where the good firms are, but these students sure do. Summer associates are paid well, so this is a good indicator of a strong Plaintiff’s firm if they have a number of Summer Associates. Not every good Plaintiff’s attorney has these, however, so don’t scratch a firm off on this basis alone, just take it as one indicator.

Payment Arrangement

In any decent Medical Malpractice suit, the attorney will always ask to be paid on contingency. This means that the attorney will take a cut of your winnings. This percentage will vary on the size and type of case, but always remember that it is negotiable. If an attorney ever asks for you to put up money up front or pay hourly, then do not use him/her as your medical malpractice attorney. If you shop around and multiple attorney’s all tell you that they will only take your case on an hourly rate, you can rest assured that your case will be an uphill battle. It may be better just to drop it than fight it at all.

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Medical Malpractice: What to look for in an Attorney

2. My boss is on the line. He’d like to say a few choice words to you.

3. Okay, so maybe I am at fault. That doesn’t push back the hands of time, does it?

4. There aren’t many people who can say there was a truckload of potatoes with their name on it.

5. Hey, I guess now you know what it’s like to have your car wedged under a truck, huh?

6. If truck driving was easy, they wouldn’t have truck driving classes, would they?

7. What the heck were you doing in all that fog? At least I have a good explanation.

8. Sure you could say I was negligent. You could say a lot of things about what I did.

9. If I were you, I would be upset too. But I’m not you, so I’m not really upset.

10. Obviously you were lost, or I assume you wouldn’t have driven into the back of my truck, right?

Now here are ten useful tips of advice from a truck accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a truck accident in La Habra, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good truck accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good truck accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good truck accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most truck accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a truck accident in La Habra, Chino Hills, Diamond Bar, Anaheim Fullerton, Orange County, Tustin, Lake Forest, Fountain Valley, Rancho Santa Margarita, Newport Beach, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your La Habra Truck Accident Lawyer and your Orange County Truck Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

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La Habra Truck Accident Attorney?s Top Ten Off the Wall Things Said After Truck Accidents

The Degrees Required To Become An Attorney

To become an attorney you must have a law degree and you will also have to test and qualify for the J.D. degree, which stands for the Juris Doctor. Others may know or refer to the degree of J.D. as LL.B. Both are similar degrees, just with two different names. This is the basic law degree, equivalent to the Bachelor’s degree, which allows a person to enter into the law profession. Without this basic degree you are not qualified to be an attorney.

Once you pass the first hurdle, the next step is to study and qualify for a Master’s degree, otherwise known as LL.M. Students often converge on hubs such as New York and California to obtain this degree and jumpstart their career as an attorney.

Higher Levels Needed To Establish Successful Career As Attorney

If you are hungry for a successful law career as an attorney, you would have to study further. You could start out in research of legal matters. At first it may seem a lot to cover, but after getting your attorney degree you are likely to be more aware and focused o your area of interest that you would like to explore further.

When you obtain the degree of Doctor of Juridical Science, otherwise know as S.J.D. or J.S.D., this signifies that you have reached the upper echelon amongst fellow attorneys. Of course, even without this degree you are still a qualified attorney and allowed to practice law, but having the Doctoral degree really elevates your stature amongst your peers. Once you get to this level after years of labor and dedication, your success as an attorney is almost a certainty.

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How To Qualify To Be An Attorney

Read more on EARTHtimes.org

Jury deciding fate of reputed gang member in Cheryl Green killing
A jury began deliberating in the case against a reputed member of a racist street gang charged with murdering a Harbor Gateway 14-year-old black girl and a potential witness. » South Bay Court Tracker

Read more on Daily Breeze

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Jury deciding fate of reputed gang member in Cheryl Green killing

The rules and regulations that surround things like filing your tax returns and making appropriate documentation often need further clarification. Some people just don’t fully understand what they are doing and as a result could end up with stiff penalties for their ignorance. A tax attorney can help with these problems and make life easier for many people.

In order to be successful as a tax attorney then you need to learn the tax code and laws, inside out. Then, if a person needs assistance with Internal Revenue Service issues you will be able to help. A good tax attorney can help organize and analyze the information that is needed to appease the IRS – if you can do this then your services will be in demand. The complex forms that need filling in can be overwhelming for people without that specialist knowledge.

There are a number of things that could prove a problem with the IRS. If you can’t account for any mistakes you have made then you could be liable for heavy penalties. This could result in your hard earned dollars going to fines and additional penalties. If the IRS takes action against you over your past tax filings, you may need to employ a tax attorney if you want to avoid any prosecution for fraud.

Tax attorneys are called upon to help in a number of different areas. Someone may request help with their Payroll Taxes – or they may be called to speak on behalf of someone facing penalties from the IRS. Tax specialists represent those who have filed late returns for one or more years and can argue for a lenient payment plan for their clients. Tax attorneys choose whether they want to be paid by the hour or whether they will charge on the basis of a given assignment.

What An Attorney Should Be Acquainted With

A tax attorney should be familiar with state and federal codes and how these operate. It is also advisable to develop a working knowledge of various incomes, properties and other personal wealth as these are all liable to taxes. A tax lawyer should be an expert in the ways of state and federal laws. This means all the possible taxes that exist. This may include sales, gift, as well as inheritance taxes. It is also advisable for a tax attorney to be familiar with the laws regarding the estates of the recently deceased.

A regular tax-related attorney should be able to deal with all of this information. A tax fraud attorney on the other hand is employed by those who have made a few mistakes in their tax filings. Some attorneys develop a specialist area and their services therefore are specific to the needs of particular individuals and businesses. The attorney may also specialize in one of two main tax issues: the IRS or another taxing authority. Either way, a tax lawyer is often in demand for protecting parts of people’s incomes and solving complex business issues.

Prerequisites Needed

To become a tax attorney you need training which results in the qualification of Juris Doctor or equivalent degree. Once you have the right educational credentials, then you need to be licensed by a State Board of Law Examiners if you want to practice as an attorney or counselor. If you really are interested in becoming a tax specialist then you may consider applying to a good law school. They will have various entry qualifications that you may need to fulfill first. Do some research on the different institutions and their requirements first.

Summary:

If you want to become a tax attorney you need to find out what they do first. A tax attorney helps people to deal with their taxes in the proper manner. An individual or a business may need the help of a tax attorney for a variety of reasons – including mistakes in their returns or late tax returns. You need quite a high educational level to become a tax lawyer.

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Prerequisites Needed To Become A Successful Tax Attorney

2. Something falls off the seat.

3. You spill your coffee.

4. Mustard drops onto your shirt from what you’re eating.

5. You hit something on the freeway.

6. Something drops off of your vehicle.

7. A plastic bag lodges on your tailpipe and starts to burn.

8. A rock hits your windshield.

9. A tool bounces on the freeway and you have no way to avoid it hitting you.

10. The vehicle ahead of you belches black soot and your vents are open.

Now here are ten useful tips of advice from an auto accident lawyer to follow if you have been in an accident. You can also learn more about how to handle an auto accident in Cypress, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good auto accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good auto accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good auto accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most auto accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had an auto accident in Cypress, Garden Grove, Diamond Bar, Anaheim Fullerton, Orange County, Tustin, Lake Forest, Fountain Valley, Rancho Santa Margarita, Newport Beach, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your Cypress Auto Accident Lawyer and your Orange County Auto Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

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Cypress Auto Accident Attorney?s Top Ten Unlucky Things That Happen Before Auto Accidents

Notwithstanding Changes to the PCT Regulations and

Corresponding Changes to U.S. Patent Regulations

I. Introduction

I. Introduction

The regulations of the PCT were recently amended for the purpose of relieving the oppressive requirement to file a Power of Attorney from each inventor when filing a PCT application. However, U.S. national law was not amended to relieve the requirement that the inventors authorize the filing of a PCT application. Therefore, filing a PCT application without express authorization from the inventors, such as via powers of attorney, creates an unnecessary risk of loss of U.S. patent rights.

Recent amendment to the PCT regulations and corresponding amendments to U.S. regulations appear to have enabled practitioners to by-pass the inventor signature burden by obtaining a power of attorney only from the corporate applicant. At least, that is how it appears by following the relevant PCT articles, recent changes to the PCT rules, and the commentary on new 37 CFR 1.421. However, the actual language of 37 CFR 1.421 and 35 USC 373 do not support this conclusion.

I outline the relevant authority and changes thereto below, and then examine the consequences of PCT applications filed without express authority from the inventors. Finally, I suggest corrective actions the USPTO, U.S. Congress, and practitioners could take to alleviate this situation.

II. Relevant PCT Authority Including Recent Changes Thereto

PCT Article 14(1) states in pertinent part, my emphasis added:

Article 14 – Certain Defects in the International Application

(1)(a) The receiving Office shall check whether the international application contains any of the following defects, that is to say:

(i) it is not signed as provided in the Regulations;

(ii) it does not contain the prescribed indications concerning the applicant;

(iii) it does not contain a title;

(iv) it does not contain an abstract;

(v) it does not comply to the extent provided in the Regulations with the prescribed physical requirements.

Thus, PCT regulations promulgated under the authority fo PCT article 14(1)(a)(i) controls what signatures the ROs must require.

PCT Rule 26.2bis (amended and in force as of January 1, 2004) is the regulation to which PCT Article 14(1)(a)(i) relates. PCT Rule 26.2bis states in pertinent part, my emphasis added:

26.2bis Checking of Requirements Under Article 14(1)(a)(i) and (ii)

(a) For the purposes of Article 14(1)(a)(i), if there is more than one applicant, it shall be sufficient that the request be signed by one of them.

(b) For the purposes of Article 14(1)(a)(ii), if there is more than one applicant, it shall be sufficient that the indications required under Rule 4.5(a)(ii) and (iii) be provided in respect of one of them who is entitled according to Rule 19.1 to file the international application with the receiving Office.

Thus, PCT Rule 26.2bis allows a RO to accept a PCT application signed by only the corporate applicant.

III. Changes in U.S. Regulations in Connection with Changes in the PCT Regulations

However, treaties including the PCT are not self implementing under U.S. law. U.S. statutes and regulations must be passed to implement treaties to which the U.S. accedes. In response to the changes to PCT Rule 26.2bis, the USPTO published rule changes at 68 FR 59881 (published October 20, 2003; effective 1/1/2004), but the USPTO did not (and could not) change relevant U.S. statutes. U.S. statutes are based upon Bills signed into law by the President, and they control over U.S. regulations. In particular, 68 FR 598883 left hand column states in pertinent part, my emphasis added:

Section 1.421: Section 1.421(b) is amended to remove reference to § 1.425 (§ 1.425 is removed). Under PCT Rule 26.2bis(a) (as amended), the international application will be considered to satisfy the signature requirement for purposes of PCT Article 14(1)(a)(i) if the request is signed by at least one applicant (except that all of the applicants’ signatures will still be required for withdrawals, see discussion of § 1.421(g)). Accordingly, the current requirement in § 1.425 that the failure of an inventor to sign the request in an international application designating the United States will only be excused where the inventor could not be found or reached after diligent effort or refused to sign the request will no longer be applicable. Section 1.421(b) is also amended to include the requirement of § 1.424 that joint inventors must jointly apply for an international application. Section 1.424 is removed (see discussion of § 1.424). Section 1.421(c) is amended as a consequence of the change to PCT Rule 4.9, as the United States will always be designated upon filing of an international application. Section 1.421(d) is amended to reflect the change to PCT Rule 90.4(d) permitting the RO to waive the requirement for a separate power of attorney.

The foregoing language in the comments on rule changes suggests that signatures of the inventors are no longer required in order to file a PCT application and have the PCT application be effective for obtaining a patent in the U.S. In fact, the actual amendments to the U.S. patent rules do not support that suggestion. In fact, 37 CFR 1.421, as amended, states in pertinent part, my emphasis added, that:

1.421 Applicant for international application.

* * * * * (b) Although the United States Receiving Office will accept international applications filed by any resident or national of the United States of America for international processing, for the purposes of the designation of the United States, an international application must be filed, and will be accepted by the Patent and Trademark Office for the national stage only if filed, by the inventor or as provided in §§ 1.422 or 1.423. Joint inventors must jointly apply for an international application.

(c) For the purposes of designations other than the United States, international applications may be filed by the assignee or owner.

(d) A registered attorney or agent of the applicant may sign the international application Request and file the international application for the applicant. A separate power of attorney from each applicant may be required.

The expression in rule 1.421 “the United States Receiving Office will accept international applications filed by any resident or national” means that the USPTO, acting as a PCT RO will accept a PCT application filed by an attorney having power from any one applicant, such as and in particular a corporate applicant.

However, rule 1.421(b) goes on to state that “for the purposes of the designation of the United States, an international application must be filed, and will be accepted by the Patent and Trademark Office for the national stage only if filed, by the inventor.” The negative implication is that a PCT application that is not “filed by the inventor” will not be “be accepted by the Patent and Trademark Office for the national stage.” If the PCT application is not accepted by the USPTO for the national stage, then the applicants have lost rights to a U.S. patent.

I discussed my concerns with USPTO officials regarding the inconsistency of the changes in the PCT Rule 26.2bis and U.S. rule 1.421(b). They indicated that the reason for the tortured language in 37 CFR 1.421 is because that language mirrors the statutory requirements in 35 USC 373, which I discuss below. 37 CFR 1.421(b) is directed specifically to applications filed in the US/RO. However, the statutory language is not, I repeat, is not, limited to applications filed in the US/RO. The statutory language applies to all PCT applications wherever they are filed.

IV. Relevant U.S. Statutory Authority Has Not Changes, and it Requires that Inventors Authorize Filing of a PCT Application

35 USC 373 states reads as follows.

35 USC 373 Improper applicant.

An international application designating the United States, shall not be accepted by the Patent and Trademark Office for the national stage if it was filed by anyone not qualified under chapter 11 of this title to be an applicant for the purpose of filing a national application in the United States.

Legislative history relevant to this section appears on page 18 of the Senate Report entitled “Implementation of the Patent Cooperation Treaty” CIS-1975-S523-9 (Jun 19, 1975). That section states in pertinent part that:

373 Improper Applicant

This section provides that an international application designating the United States, shall not be accepted if it was filed by anyone who, according to chapter 11 of this title, is not entitled to be an applicant in the United States. The refusal can only be made when the application enters the national stage (Article 27(3) of the Treaty). Thus, the Receiving Office cannot refuse an international application on these grounds, since that application may contain designations of other countries in which such applicant is permitted to file. [Page 18 lines 18-37.]

Thus, 35 USC 373 specifically requires that a PCT application filed in the international stage can only enter the U.S. national stage if it was filed, in the international stage, by someone qualified under chapter 11 to file the application. Chapter 11 specifies that only someone authorized by the inventor can file their patent application. In particular, Chapter 11 includes sections 35 USC 111 to 35 USC 122. These sections of the statue includes numerous passages clarifying that the applicant means the inventor, and generally that the inventors must authorize that the application to be “made” on their behalf. The statute does not define “made.” However, “made” in this context clearly implies prepared and filed.

35 USC 115 defines “applicant” to be the inventor, stating “Oath of applicant. The applicant shall make oath that he believes him-self to be the original and first inventor of [the invention]…”

35 USC 111(a)(1) makes it clear that preparation and filing of a patent application must be authorized by the inventor/applicant, stating that “Written application. An application for patent shall be made, or authorized to be made, by the inventor….”

35 USC 117/118 handle the exceptional circumstances of an inventor being dead, incapacitated, or wrongfully refusing to sign, in which case, upon sufficient showing, another may sign on behalf of the inventor.

Thus, barring exceptional circumstances, a U.S. application filed under Chapter 11 must be “authorized to be made” (that is, authorized to be prepared and filed) by the inventors. Accordingly, 35 USC 373 requires therefore that entry into the U.S. national stage requires that the PCT application had been “authorized to be made” (that is, authorized to be prepared and filed) by the inventor. Moreover, the language of 35 USC 373 clearly refers to the time of filing of the international application, and therefore the time relevant for determining whether the application was authorized to be filed by the inventors was when the PCT application was filed.

A power of attorney is authorization for an attorney to make application on behalf of an inventor, by definition of the meaning of attorney. That is, a power of attorney is a power to “authorize.. [the attorney] to act in the place or stead of another.” Black’s Law dictionary, fifth edition, page 117. Thus, a power of attorney from an inventor authorizes a practitioner to file a PCT application on behalf of that inventor.

V. The Legal Effect of Filing a PCT Application Without Express Authorization from the Inventors at the Time of Filing

A. Will the USPTO enforce 35 USC 373?

35 USC 373 requires that an inventor authorize the filing of the PCT application. It does not require that the authorization be in writing or in the from of a power of attorney. However, it is clearly imprudent to not file proof of authorization from the inventor when filing a PCT application, as exemplified by the following hypothetical situations.

Assume a PCT application filed without express authorization of the inventors. If the USPTO decides to enforce 35 USC 373, it could require proof that the inventors had authorized the filing of the PCT application at the time it was filed. In that case, a PCT application filed anywhere in the world without proof of authorization by the inventors may initially be refused entry to the U.S. national stage. This would be a backtrack on the USPTO’s apparently lax position at this time, but within the realm of possibility.

A related issue is of course what constitutes an inventor’s authorization? Would an employment contract be sufficient authorization to file a PCT application? Would a general or particular assignment of inventions be sufficient authorization to file a PCT application? There is of course no legal certainty. However, U.S. law and regulations require proof of authorization in the form of an inventors declaration and a power of attorney, not a mere employment contract or even an assignment.

Assume the USPTO requires documentary proof of authorization. What level of documentary proof would the USPTO require? For example, would a mere ex post facto assertion of the inventor be sufficient? Would the USPTO require evidence of a contemporaneous (with the filing of the PCT application) authorization from the inventors?

B. Impact on U.S. Patents Issued on PCT Applications in Which the Inventor’s Authorization to File the PCT Application Is Not Apparent

Unless Congress acts to revise 35 USC 373, case law will eventually provide clarification on this issue. However, at a minium, filing a PCT application without also filing powers of attorney potentially weakens any resulting U.S. patent because it raises a potential ground for invalidity.

Consider for example an inventor/employee on the witness stand being questioned whether he or she actually authorized the filing of a particular PCT application. Then, consider the inquisitor probing into conventional filing practices of the inventor/employee’s company indicating that inventors were routinely not consulted on PCT filings.

Consider for example inventors that change employment between the filing of the PCT application and the filing of the U.S. national stage application. Will their change in allegiance affect their memory as to whether the authorized the filing of a PCT application? Will it affect the prosecuting attorney’s ability to get necessary proofs from them to overcome a question regarding authorization?

Consider for example inventors that die or become incompetent prior to entering or attempting to enter the U.S. national stage. Will the USPTO accept allegations from anyone other than the inventor that the inventor did in fact authorize the filing of the PCT application? If so, what proof will be required?

All of these hypothetical situations could be avoided by obtaining and filing powers from the inventors when filing their PCT application.

VI. What Could or Should the USPTO Do to Address This Issue?

I did discussed this issue with officials at the USPTO in early 2004. Based upon those discussions, it is clear that the USPTO did not intend to cause problems for PCT applicants, and that the USPTO was attempting to make PCT filings less burdensome. However, it was apparent from my discussions that the USPTO had not fully considered, from a practitioner’s perspective, the impact, or potential impact, of their regulatory changes in connection with 35 USC 373.

At this time, it would be beneficial for the USPTO to do what it can to alleviate any burden or potential loss of right caused by applicants filing PCT applications without powers of attorney from the inventors, since such filings have been in reliance in part on the USPTO’s apparent advise. I list some possibilities below.

First, the USPTO could push Congress or a suitable revision to 35 USC 373.

Second, the USPTO could notify the public that it will presume that PCT applications filed in the international stage were authorized by the inventors. (This is in effect what I believe to be the current USPTO policy, at least it was the apparent policy until I raised this issue with the USPTO.) However, for the reasons noted above, this presumption would arguably be inconsistent with Congressional intent and would fail to enforce 35 USC 373.

Third, the USPTO could notify the public that PCT applications filed in the international stage without powers of attorney from the inventors will simply not be accepted (and I guarantee that some practitioners have filed already such applications). That is, the USPTO could vigorously enforce 35 USC 373. This action seems incredibly harsh, but it would be consistent with both U.S. law and the USPTO’s function of enforcing U.S. patent laws relating to acquisition of patents.

Fourth, the USPTO could notify the public that it will, until a specified date, allow “backfilling” of PCT applications filed since January 1, 2004 with either powers or confirmatory authorizations from inventors, in view of the USPTO’s inadvertent inconsistent guidance on this issue. Since the changes to the PCT regulations only came into force January 1, 2004, this would allow all affected PCT applicants to obtain and filed the necessary authorizations. Of course, patents issuing from such “backfilled” applications would still be subject to a validity challenge for failure to comply with 35 USC 373 in subsequent litigation.

VII. What Can Practitioners do Now to Correct PCT Applications Filed Without Authorization from the Inventors?

If you have filed such a PCT application, at a minium, an obvious course of action is to obtain a confirmatory power of attorney and file that in the PCT application as soon as practical. It may be that you or corporate counsel have correspondence with the inventors, and that correspondence may indicate that the inventors knew of and impliedly authorized the filing of the PCT application. I would memorialize that evidence, and consider in each case what to file in the PCT application or the subsequent U.S. national stage proceeding to prove that the inventors did in fact authorize filing of the PCT application.

Alternatively, if the Paris year has not run, you could file a second PCT application and claim Paris priority to the first PCT application, and of course include powers from the inventors. Still further, if the Paris year has run, you could re-file the PCT application without claiming Paris priority and take your chances.

VIII. Conclusion

It should be clear that failing to obtain powers from the inventors when filing PCT applications anywhere in the world is currently inadvisable because it may negatively impact subsequent U.S. national stage proceedings. Accordingly, all practitioners everywhere should continue to require either powers or express authorizations from each inventor to file any PCT application.

If you have any other questions or need further information please feel free to contact us via email at http://www.neifeld.com.

Richard Neifeld,

President, Neifeld IP Law, PC

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Pct Applicants Everywhere Should Continue to File Powers of Attorney From the Inventors

Aviation attorneys not only hold law degrees, but often have commercial piloting experience or advanced degrees in aeronautical engineering. They need this diverse experience to help sift through the vast amounts of data available when a commercial airliner crashes. Their ultimate goal is to figure out why the plane crashed. The causes for a plane crash can vary greatly. These causes can include pilot error, maintenance issues, the age of the plane, runway issues, weather conditions, improper weight distribution of people and cargo, or terrorist activities. Under some of these conditions there is no accessible liability. Crashes caused by weather conditions or terrorist activities are usually not considered to be under the control of anybody. However, all the other conditions require of some assessment of liability.

To assess this liability an aviation accident attorney must discover exactly why an airplane crashed. This can be a difficult process. Depending on the size of the aircraft and the manner of the accident one or several local, state, and national regulatory agencies may be involved. A successful lawyer must know how to work within these sometimes conflicting agencies. On top of governmental aspect, there are also powerful insurance agencies working on behalf of the airline company. These insurances companies, while not denying obvious fault, will try to construe the evidence of fault in the airline’s best interest. Thus, because of this, private individuals hire lawyers to fight in their best interest.

Aviation accidents, of course, are not limited to large commercial crashes. The number of people flying in personal or private jets continues to increase. With so many planes in the air, crashes and accidents are likely if not commonplace. These small scale accidents, while not nearly as complicated as the larger commercial accidents, still require specialized attorneys to assign legal blame. When dealing with accidents involving small private planes, insurance companies like to blame in the inexperience of the pilots. However, an aviation attorney can be to light such details as safety of the aircraft design, maintenance history, and the pilot’s aviation history. Thus, an increase in these specialized lawyers is increasing even in the private realm.

Incidences involving cargo planes also require legal guidance. These accidents offer different challenges than other incidences. These differences are mainly attributed to the amount of cargo on a plane. Accidents can be caused by pilot error, the age of the airplane, or the uneven distribution of weight associated with the cargo. It is the responsibility of the lawyer to decide which, if any, of these instances occurred. Therefore, for all the reasons listed above, an aviation accident attorney can become important should you need this type of specialized representation.

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Learn Why an Aviation Accident Attorney Becomes Important

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Defense attorney: Killer is a “casualty” of Hurricane Katrina disaster
The defense attorney for convicted murderer Alfred Jones urged the jury to spare the 23-year-old from Louisiana’s death row in light of his age and the fact that his world turned upside down when Hurricane Katrina struck New Orleans nearly…

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Defense attorney: Killer is a “casualty” of Hurricane Katrina disaster

2) Tell the police you want to go back to eating the cheeseburger you were eating when the accident occurred.

3) Try to blame acne, dandruff, hair loss, bad breath, bad teeth, or pregnancy on the accident.

4) Tell the police your eight year-old was driving.

5) Blame the accident on your dog.

6) Try to get tasered.

7) Claim police brutality for being given a citation.

Sue the city for putting curbs on the street.

9) Allege police discrimination for being picked out of a lineup by eight witnesses as the one who caused the accident.

10) Lie about your age.

Here are ten actual tips of advice from an auto accident attorney to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Anaheim, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good auto accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good auto accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good auto accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most auto accident lawyers advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had an auto accident in Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your Anaheim Auto Accident Lawyer and your Irvine Auto Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

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Anaheim Auto Accident Attorney?s Top Ten Things You Know You Shouldn?t Do After an Auto Accident

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2 hurt in swing ride accident at Md. county fair
GAITHERSBURG, MD. — A Montgomery County Agricultural Fair official says a boy and ride operator were hurt in an accident on a swing ride.

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2 hurt in swing ride accident at Md. county fair

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Attorney: I was tailed during Andrew Thomas probe
He was appointed by the state’s high court to investigate the conduct of former Maricopa County attorney.

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Attorney: I was tailed during Andrew Thomas probe

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Family’s suit claims boy died in crash due to police chase
The family of a 16-year-old boy killed last weekend in a crash filed a lawsuit Tuesday against Cook County and the Village of Dolton , claiming officers in a police chase caused the death. Officials have denied a police chase was going on when the crash happened Sunday night. Attorney Larry R. Rogers Jr., representing the family of Kenyatta Brack Jr., alleges in the suit that the Cook County …

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Family’s suit claims boy died in crash due to police chase

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Attorney: Cops illegally search Monticello Mayor’s home
MONTICELLO – The attorney for Mayor Gordon Jenkins argued in Sullivan County Court Monday that troopers illegally searched Jenkins’ Clinton Avenue home on Feb.

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Attorney: Cops illegally search Monticello Mayor’s home

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Huntington Beach shells out $343,000 in settlements
HUNTINGTON BEACH– The city spent a little more than $343,000 in three months to settle six cases, which included personal injury lawsuits and three lawsuits involving city vehicles. The two biggest settlements were a $120,000 payment to Paula…

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Huntington Beach shells out $343,000 in settlements

Bryan Stone wasn’t a criminal mastermind, as the State Bar of Texas would like the public to believe.  He was short and overweight, and had a small practice when I first met him.  Bryan Stone wanted to be successful, and for that he needed to play ball with the big boys at the State Bar of Texas.  He needed to obey their orders, even if that meant breaking the law, and breaking the law he did.  Bryan Stone took my case only to damage it as much as possible and prevent justice from being served.  However, he couldn’t keep up the pace of his deceit, and eventually it caught up with him.  A year after both him and attorney Ilene Smoger forged my signature on the back of the insurance check and cashed it, Bryan Stone ran out of lies on why it was taking so long for the insurance check to arrive.  In desperation, he had his former partner call my new attorney begging her not to proceed with my case because they would get in a lot of trouble.  Strong words coming from the mouth of a lawyer, pleading with a colleague not to do the right thing.  The night before he was supposed to tell my new attorney the whereabouts of the insurance money, Bryan Stone met with somebody inside his car at a parking lot in Dallas, Texas.  That night Bryan Stone died of a gunshot to his head.

The next day I received a call from my new attorney telling me that Bryan Stone’s former partner called her to let her know of his death, and that the insurance money was gone.  Bryan Stone’s former partner kept calling my new attorney and directing her as to who to talk to and what to ask, which I thought was unusual.  After that, my new attorney sent me a report painting Bryan Stone as a criminal who’d defrauded many, many people, including somebody for over a million dollars (this last part was not written in her letter, but she told it to me over the phone).  She insisted I could never recover my money because too many people were after his estate, and I had to forget about the insurance money both Bryan Stone and Ilene Smoger defrauded me.

Later, I found out that was a lie.

Here is a copy of her letter:

“Talya B.
Attorney at Law

December 4, 2000

Dear D:

As I promised, I am sending you a summary of my notes regarding your case, sorted in order of the source.  I am sorry your money could not be recovered from your former attorney.

Brian Stone
Deceased (?)
July:

First said he did have the check, but was prohibited from distributing the money by an agreement signed at the mediation, until all parties had signed the settlement documents, and the Defendant could not be located.  He also said you refused to sign a settlement agreement he drafted.  I know that I reviewed and did not approve of it, either.  Then he said you did not want to sign until the Defendant had signed.  He then said he had drafted a Motion to Compel and given it to you to sign, that he had filed with the court, and was awaiting hearing.

August 4, 2000:

Told me he had called the insurance company twice to request permission to release the money without the defendant’s signature, and that he was awaiting a reply.

Web Joiner
Home 972-XXX-XXXX
Office 972-XXX-XXXX
Former partner/associate of Stone.

Admitted that he was at the mediation.  He said Stone told him there were problems in the language of the release prohibiting him from distributing funds, but that he thought this was ridiculous, that the Defendant did not need to sign a release in order to distribute funds.  At the time, he said he believed Stone had not distributed the funds.

After Stone’s death, Joiner told me that Stone’s wife tried to have the corporation (‘P.C.”) (as Stone’s business was incorporated) placed into bankruptcy.  Joiner was apparently there, and told me that the Judge disqualified the corporate representative trustee Robert Newhouse, as Newhouse admitted that he did not actually know how much money, if any, the corporation had.  The judge threw out the bankruptcy case.

According to Joiner, many people were missing money, and none of them were listed as creditors of the P.C., nor were any informed of the bankruptcy meeting.  Joiner believed the P.C. had a $25,000 life insurance policy, but that the books were in such disarray that this might not even cover the cost of a forensic accounting.  He said the only way to get an accounting of what there actually is and what happened would be to get the case into probate court, but that Stone’s wife was fighting this, for obvious reasons.  However, she can’t sell the house until it goes through probate if the house is in both of their names.  Title must be cleared.  Also, the people that have been ripped off on the estate may force the Stone estate into probate.  But Joiner said he was not sure what would happen now.

Joiner told me that someone (he refused to tell me who and said he did not know how the source got the information) told Joiner that within a couple of weeks of Stone’s death, Stone’s wife paid off the house and the car.  The house had apparently been purchased only recently.
Joiner suggested that I call Gino Cisco (sp?), an attorney who officed next to Stone because he represents a beneficiary to an estate of which Stone was the executor.  Apparently Stone, over the course of the administration, sold a number of businesses belonging to the estate, and no one knows where the proceeds of the sale are.  The client did not get them.  In the spring, Cisko said that something was odd.

One interesting note was that the bankruptcy meeting was originally supposed to take place the day before, but when the trustee arrived he realized he had a conflict; he had previously sued Stone for bankruptcy fraud, and he had received a judgment for hundreds of thousands of dollars.  This judgment was upheld by the Fifth Circuit.

Joiner asked whether an autopsy would be done, and Earnest Leonard, the attorney who attempted to put the thing into bankruptcy, did not know.

Joiner thinks that Stone may have faked his own death, that this may not have been a suicide.  Alternatively, he may have been murdered.  Stone was president of his homeowner’s association, and acquired many clients that way, and stole from many of them.  Stone got a check for $5,000 on behalf of one client, cashed it, and kept the money.

Stone had a client who had half-interest in a strip bar; the other ½ owner owned a gun range in a bad part of Dallas.  The day before he died, Stone went to (the) strip club on business.  The next morning, Stone went to (the) gun shop and said (he) wanted to buy a) gun for his wife’s protection.  Was told (he) needed (a) background check, to come back at 1:00 p.m.  Some time that evening, he was found 1 block away, Joiner thinks in a parking lot.  Joiner does not know who found him.

Gino Cisco (sp?)

Mary is Gino’s wife and secretary.
214/XXX-XXXX

Mr. Cisco qualified his statements by stating that a lot of his information was pure supposition.  He guessed that your money was gone, that Stone spent it.  Cisco didn’t know anyone who had access to Stone’s books and records.  Even the bankruptcy attorney for the P.C. didn’t have any access to the P.C.’s financial information.  No one had authority to give the attorney rights to file for bankruptcy, and he could not affirm that it was really bankrupt.  Therefore the proceeding was to be thrown out.  However, the attorney that filed bankruptcy said he had seen a death certificate.

Cisco’s client was taken for about $90k-$150k.  Cisco said he heard that no cadaver had been logged in, the day after Stone was supposed to have died.

Cisco asked that I fax him the death certificate.  As far as Cisco knew no one had been appointed to take over their financial records.

John Norris
Calloway, Norris, and Burdette
214/XXX-XXXX

Just custodian of files, in charge of making sure that files get back to their rightful owners.
Sophia at the State Bar in Dallas has the physical files. 214/XXX-XXXX.  Legal Assistant.
If you have any questions, please do not hesitate to call.  You will not be charged for this letter, though the time (with no charge) will be on your next bill.  This letter took me approximately 45 minutes to write and send.  If you would like me to take any more action on your case, please let me know.

Sincerely,
Talya B.”

Fascinating, isn’t it?  Mr. Stone was quite a colorful character, per this letter.  A thief multiple times, and STILL allowed to practice law in Texas with a clean record.  He’d already been sued for bankruptcy fraud, and had defrauded several people.  My money?  Gone, spent by Stone.  No way to recover it.  Gone with the wind.

Oh, the intrigue!  I guess Talya B. thought that this letter would be enough to make me forget all about being robbed by Texas attorneys.  Her letter looks so professional.

However, regardless of what Bryan Stone did during his lifetime, or how many people he defrauded, or if any of the contents of this letter are true, this letter is nothing but a smoke screen to try to lead me to believe I cannot get my money back.

As fascinating as this letter is, it is irrelevant.  Nothing written on that letter matters to my case.  The one thing that matters, in order for me to recover my money, is that Bryan Stone is dead.  Period.

In 1971, the State Bar of Texas established the Client’s Security Fund to refund clients who’ve been defrauded by their attorneys, or whose attorneys have died before the client could collect the money.  I qualified for both requirements.  However, there was a big problem:  Ilene Smoger.  She and Bryan Stone had cashed my insurance check after my name was forged on its back.  Her name was on the front of the check (even though I had fired her as my attorney because she had already defrauded me of a previous insurance check).  The bosses at the State Bar of Texas were doing everything in their power to protect her, and that meant breaking every single law in Texas.  They wouldn’t – couldn’t – allow me to learn about the Client’s Security Fund and have me file a petition for the insurance money they owed me.  The check had been cashed by forging my signature, and both Bryan Stone and Ilene Smoger’s names were listed as the attorneys representing me.  So my new attorney wrote me a wild report depicting Bryan Stone as a master criminal who owed money to everybody and their mother.  She never mentioned, not once, the Client’s Security Fund, even though that was the place for me to request my money as it is the normal procedure when an attorney dies.

Another Texas lawyer breaking the law.  Déjà vu all over again.

Bryan Stone wasn’t a mastermind, as the State Bar of Texas would like the public to believe.  Bryan Stone was a patsy.  We all know what happens to patsies in Texas.

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The Convenient Death of Attorney Bryan Stone

2. Cutting through traffic.

3. Sharp turns without looking.

4. Stopping abruptly without looking in the rear view mirror.

5. Reading a map or directions while driving.

6. Eating and driving.

7. Drinking and driving.

8. Not repairing bad brakes.

9. Looking at something else other than the road.

10. Reaching for something in the car.

Now here are ten useful tips of advice from a bicycle accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a bicycle accident in Westwood, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good bicycle accident attorney as soon as you have had your initial treatment, so the lawyer can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good bicycle accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good bicycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most bicycle accident lawyers advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a bicycle accident in Westwood, Long Beach, Carson, Torrance, Manhattan Beach, Santa Barbara, Ventura, Oxnard, Cambria or San Luis Obispo, or anywhere in Southern California, we have the knowledge and resources to be your Westwood Bicycle Accident Lawyer and your Santa Monica Bicycle Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

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Westwood Bicycle Accident Attorney?s Top Ten Things Mistakes That Can Cause Bicycle Accidents

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Attorney charged with forging judge’s signature
Attorney charged with forging judge’s signature

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Attorney charged with forging judge’s signature

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Former McAllen mayor gets pre-trial diversion
Former McAllen Mayor Leo Montalvo has received pre-trial diversion more than a year after being arrested for causing a DWI wreck.

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Former McAllen mayor gets pre-trial diversion

These cases are not few. According to reports, a malpractice case is filed against five to six percent of US attorneys every year. This keeps the unscrupulous attorneys on guard because no one wants to be dragged to the court. Litigation is very time consuming and it costs a lot of money. If possible, you do not want to go to court, and you definitely do not want to go to court with an attorney who is not legally suppose to handle medical malpractice cases. Many attorneys try taking these cases because there are certain circumstances that will benefit the attorney instead of the client.

So, what are the most common grounds on which the malpractice attorney builds the case? These include the way witnesses were presented or not presented; the way the cross examination was conducted; the way the defendant- attorney followed deadlines.

There are also occasions where an attorney may force a client to make an out-of-court settlement for reasons that benefit the attorney and not the client. It is these, and many more similar cases, that the legal malpractice attorneys in Los Angeles take up to ensure that the legal black sheep don’t go unpunished.

The legal malpractice attorney can easily be approached by clients who are victims of unscrupulous attorneys. They can do so by locating the addresses of Los Angeles malpractice attorneys on the net or by obtaining their contact number and address from yellow pages. It is also a smart thing to browse top law firms on the net that post customer testimonials or past successful cases. You can then call the clients and interview them about their experience.

There are four clear points that the legal malpractice attorneys Los Angeles need to establish if they want to win the case. The first is to prove conclusively that the defendant enjoyed a client-attorney relationship with the plaintiff; the second is that the defendant did not honor this trust that the plaintiff placed in him; the third is the loss that this unexpected breach of trust caused to the plaintiff; and the fourth is the compensation amount that must be awarded to the plaintiff to offset the loss.

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Get Legal Malpractice Attorneys in Los Angeles

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Duck boat victims’ families file wrongful death suit
Lawyers for the families of two young Hungarian visitors who died in a duck boat accident last month filed a lawsuit today against the tour operator, Ride the Ducks, and the tug boat operator, K-Sea Transportation Partners.

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Duck boat victims’ families file wrongful death suit

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As attorney general primary intensifies, Dan Gelber and Dave Aronberg reverse course on money in politics
By John Frank, Times/Herald Tallahassee Bureau Wednesday, August 11, 2010 TALLAHASSEE — Democrats Dave Aronberg and Dan Gelber fought against big money in politics as lawmakers but as the two battle in an increasingly negative primary election for attorney general, they are reversing course. A political committee tied to Aronberg is accepting dozens of unlimited checks — including 21 for $5,000 …

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As attorney general primary intensifies, Dan Gelber and Dave Aronberg reverse course on money in politics

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Nun’s Death Rallies Anti-Immigration Forces
In Arizona, the shooting death of a rancher blew the lid off simmering anger over border security and helped solidify support for a tough new immigration law. A similar eruption threatens in Virginia following the death of a Catholic nun in a car accident involving a man in the country illegally and accused of drunken driving.

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Nun’s Death Rallies Anti-Immigration Forces