Sunday, September 25, 2011

The Sounds of (Legal) Silence

Involuntary Redistribution of Assets (IRA) actions in which probate venues and/or probate instruments (wills, trusts, guardianships or powers of attorneys) are used to loot assets of the dead, disabled or incapacitated are becoming increasingly common. Criminal prosecutions of estate theft are rare.  Trials outside a civil venue are important and noteworthy as Americans (or their families) from all economic levels are being silently and similarly targeted.  An estate of 0,000 to million can be especially appealing.  Traditional retirement havens like Florida, California and Arizona are magnets for perpetrators seeking markets rich in potential IRA targets.  Texas, now the nation's #2 retirement destination, provides new opportunity - for retirees and legal predators.


The legal industry routinely acts as if IRA efforts don't exist or that incidence rates are exaggerated.  Tracking these cases is difficult as they often quietly happen in courtrooms or law offices plus take on various forms from outright looting to creating contrived disputes so billable hours can be charged against an estate.  Documented and anecdotal accounts give reason to believe that for every case reported, many more are silently occurring.  While the legal industry outwardly downplays IRA actions, a review of Continuing Legal Education topics indicates significant internal offerings on attorney protection and estates.


In September 2008, Terry Stork, a disbarred Texas attorney, was sentenced to 15 years in jail after pleading guilty to three counts of estate theft.

Travis County ADA Patty Robertson made a compelling presentation on Stork's 25+ years of criminal activities and professional misconduct.  The judge and defense attorney openly lamented the need for the sentencing yet, as the legal industry dislikes exposure of its shortcomings, no compassion was directed toward Stork's betrayed clients or to their heirs - some of whom spent vast amounts of time and money seeking justice and whose work undoing the harm continues on.

"Proper estate planning" is touted as a protective measure, but in today's legal climate, the security advertised is overrated.  One doesn't need Brooke Astor or J.

Howard Marshall II (late husband of Anna Nicole Smith) wealth to become a target.  Caution is advised when relocating to a retirement community as such locales can be attractive to more than seniors.  Upon becoming an IRA victim, competent, honest legal representation can be difficult to attain as all attorneys are not corrupt, but too few will aggressively stand up against the predators in their industry (or your community). 

Asset theft via the probate system is a reality and an issue about which the silence must be broken.

Thursday, September 22, 2011

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Saturday, September 17, 2011

Debt Settlement- A Legal Solution For Consumers

Debt settlement is an approach to reduce your dues by negotiating with your creditors. In this process the debtor and the creditor both agree on a reduced balance that will be regarded as payment in full. As long as the debtor continues to pay minimum monthly payments, creditors will not consider a reduced balance. But when the monthly payments stops, then the balances continue to grow because of the late fees and ongoing interests.

Consumers may arrange their own settlements by using advices found in different sources. They may hire lawyers to act for them. They may also opt for settlement companies.
Settlement consultants facilitate settlement programs for consumers who are overwhelmed with massive debt or who are bankruptcy as the last option. This process is also known as debt negotiation and these consultants are experienced with this aggressive and often successful process for management and reduction.

Creditors are often willing to accept less than the original balance through negotiation because they probably realize that some money received is better than no money received if the creditor chooses to file for bankruptcy protection. Creditors probably know that they are far more likely to receive payment of any level by allowing for a lower total payment. Consultants and counselors often develop relationship with creditors and can use this connection to the consumer’s advantage as well.
After the dues  are settled by a Best Debt settlement plan, the creditor typically sends out a letter saying that the obligation was paid and informs the big three credit bureaus about the fulfilled credit obligation. This could help to repair any damaged credit scores and thus allows the debtor to begin rebuild their financial health.

The consultants are experienced in helping with this process by educating the consumer about money matters so that the cycle is not repeated. While this option is a smart one for some people, there are drawbacks and an experienced consultant can help you to find out if this is the right choice for your unique situation.

Friday, September 9, 2011

Legal Careers - How To Excel In Your Legal Career

Of the many career options available today law seems to be emerging on the largest scale. Not only has it become the first priority of many but also it is seeing the maximum competition today. If you have it in you to take up challenges and work hard with a firm resolve then there is nothing like legal career careers for you. The need for professionals in the legal scenario seems to be growing by the minute and this indeed is a golden chance for all law aspirants. Its no more about just being a lawyer but there are many non legal careers for lawyers.

There are a few criterions for getting into these legal jobs but none of them are unachievable. The first thing that you will require is excellent academic grades. So if you are now in high school and wish to concentrate on careers in law start concentrating on your studies from this very minute. There are many alternative legal careers available too now. Paralegal is a good example of a completely different kind of avenue for law aspirants. Now you will find a huge number of individuals who though they want to make a career in law are not very keen in being a lawyer. Being a paralegal is the best option available for them. They assist lawyers in field work and researches on cases.

However there are a few criterions that you must fulfil for being successful in legal careers. Firstly as I already said you will need to have excellent high school grades. You can go for any subject of your choice in high school but do a bit of research on what type of lawyer you want to be and a course which compliments it can be your best possible option. The graduation course that you do at a law school must also be finished with good grades.

Specializing in any particular field will help you become a specialist lawyer in the field you want to be in. Remember your learning does not end after leaving law school. Your actual education begins after instead. There is no end to the learning process and one must keep learning from experiences and research work. The more knowledge you posses the higher are your chances of becoming a good lawyer.

Do research work in places like your local library. A bit of research on previous cases particularly the complex ones increases your insight on the topics. Joining a business related course can also be a good idea to expand your knowledge. A bit of computer knowledge is also necessary in the legal scenario so you also might want to do a computer course.

Remember a career in law means a lot of sacrifice in your personal life; working till late hours and sometimes even on weekends. Your family and friends need to be understanding about this fact and you must explain your situation to them.

There is no alternative for work if you want to succeed in the legal careers.

Thursday, September 1, 2011

Legal and Paralegal Schools - Career Study Options

Legal and paralegal studies allow students to train for the career they desire in the exciting field of law. Students can choose to pursue a variety of degrees. Degree levels that are available in this field include an associates, bachelors, and masters degree. Accredited legal and paralegal schools offer career study options that can provide students with the training and knowledge they need to pursue a variety of careers in the field. Students can train to become legal assistants or paralegals with a degree in this field.


*Legal Assistant


Students can gain the necessary education to become legal assistants with an accredited degree program. With a variety of learning options students can enter into the program that best suits their individual needs. With an accredited education students can find employment in a number of areas including:


Civil Litigation
Immigration
Criminal Justice
Employment Law

Students can choose to earn an associate's, bachelors, and master's degree.

With a degree in legal assisting students will have the opportunity to learn various subjects related to their desired career. Courses may vary but can include the study of:
Legal Terminology
Computers
Stages of Litigation
Sociology

With an accredited degree training program students can obtain the degree they need to find the employment they desire. Job duties for legal assistants include a variety of tasks such as researching, interviewing, preparing statements, answering phones, drafting agreements, and much more. Students who choose to pursue an education in this field can start their career as a legal assistant, by training in law.


*Paralegal


Students looking to obtain a degree in paralegal can do so through a variety of accredited schools and colleges.

Training programs in this area of the field are available at an associate, bachelor, and master level of career study. Curriculum will vary from program to program but may include criminal justice training, legal analysis, court rules, arbitration process, and more. Students can learn all these subjects and much more to prepare them for their desired career as a paralegal. Accredited educational programs prepare students for employment working in:
Private Law Firms
Government Agencies
Insurance Firms
Corporate Legal Departments
Public Defenders Offices

Students will obtain the knowledge and skills to become the professional paralegal they need to be in order to start their career. Paralegals are in charge of coordinating research, summarizing legal documents, preparing forms, performing legal research, and much more. Paralegal professional's daily tasks will vary depending on where they work, the level of degree they hold, the training they complete.


With an accredited degree training program in the field of legal and paralegal students can enter the workforce prepared for the job. Agencies like the Accrediting Council for Continuing Education and Training (ACCET) are approved to accredit a number of schools and colleges. Accreditation provides proof that the best quality education will be received. Students can learn more by requesting information about legal and paralegal schools in the programs of their choice.


 


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