Lawyers.com Blog

Choosing an Attorney

nospam@example.com (Debbie Viguié - Lawyers.com) — Tue, 26 Aug 2008 19:02:11 -0400

When you need an attorney, the first thing you need to know is how to choose one. The process can be confusing, and you may not know what to look for or what questions to ask. Here are some questions that might make the process easier.

Area of Practice? You wouldn't ask your dermatologist about a problem you’re having with your eyes. It's the same with lawyers. The lawyer who handled your friend's divorce is probably not going to be able to help you when you experience workplace discrimination or need someone to defend you in a criminal trial. Lawyers specialize in particular areas of law, so figuring out what type of lawyer you need and then searching by that type is the first step in selecting a lawyer.

Good Standing? Whatever you do, make sure the attorney you choose is in good standing and hasn't had any disciplinary action from his or her state bar. Each state's bar association website has a place where you can look up attorneys and get this information up front.

Experience or Enthusiasm? Deciding whether to choose an attorney who has been practicing for years or one who is relatively fresh out of law school is a big decision and depends on what you are looking for. An attorney with years of experience will have seen most variations on your particular problem and be ready with contingencies. However, an attorney with less experience might be willing to go the extra mile to keep your business, find you every possible solution, and gain a reputation. The question is, do you want someone who's seen it all or someone who's hungry and might be willing to take more risks or think a little farther outside the box? The answer will depend not only on which you value more highly, but also on what kind of case you have. If you're being prosecuted for a serious crime, obviously you're going to want someone with a strong criminal defense track record. However, if you're suing someone for medical malpractice, an attorney who needs to make a name for him- or herself and enough money to keep the practice alive could be a lot more aggressive on your behalf or might even risk taking a case a more experienced practitioner would shy away from.

Firm or Single Practitioner? This can be an important issue. Having the extensive resources of a firm can be an advantage, but if you need to feel like you're dealing with the same couple of people throughout the process, this might not be for you. If in doubt check out an attorney that works for a large firm and one who works for himself and ask questions about the process, including who will be handling different aspects of your case and who you will be in contact with frequently. There are pros and cons to both, but ultimately your personal comfort will likely be the deciding factor.

What About the Money? When choosing to work with a lawyer, find out up front what the fees are going to be. Ask whether you will be charged a flat rate or billed per hour. Depending on the type of case you have, will the lawyer take it on a contingency basis, where he or she gets paid only when (and if) you do? Be as clear on this issue as possible because it will save a lot of grief in the long run. If an attorney doesn't want to discuss this question with you honestly, find a different one who will.

Finding a good attorney is as important as finding a good doctor. You need an attorney who will work with you, answer your questions, and respond promptly. Don't be afraid to visit a few in your search. Think about it like going to a dealership and test driving a couple of different cars. Don't be afraid to ask questions. Also, remember that being comfortable with an attorney is important. He or she might be highly recommended, but if you don't feel at ease, then the relationship is not going to be a pleasant one and the odds that something will go wrong are high. Be honest about your needs and share them upfront with the attorneys you interview. Then choose the one you feel can best represent you.

Related Links:

Find a lawyer with lawyers.com.
Find out what questions you should ask a lawyer.
Find out what the different areas of legal practice are, from Admiralty Law to Zoning and Land Use.
Look up a lawyer on your state's bar association website.

Surviving Malpractice

nospam@example.com (Debbie Viguié - Lawyers.com) — Thu, 21 Aug 2008 14:20:41 -0400

It sometimes seems that friends and family are constantly in and out of doctor's offices and hospitals. We once went six months straight with a different friend in the hospital each month. Hospitals are amazing places staffed by people whose job it is to help you get better. Unfortunately, that doesn't always happen. Sometimes people are beyond help. Worse yet, sometimes the actions or inactions of the doctors or nurses can unnecessarily injure or kill a patient. This happened to a friend of mine almost five years ago. She is still paying off the medical bills from her hospitalization despite the fact that her doctor committed medical malpractice and she came within a few hours of dying. So, what's the problem, why is she paying off the bills, including the fees of the doctor that nearly killed her? None of the attorneys she spoke to would take her case. Why? Because she lived.

That's right. If she had died they would have been happy to help her husband go after the people responsible, but because she lived they felt the damage wasn't catastrophic enough. Apparently weeks in the hospital, hundreds of thousands of dollars of medical bills that her insurance didn't cover, and inability to work for about a year wasn't catastrophic. It was incomprehensible to me that medical professionals nearly killed her and then legal professionals did nothing to right the wrong.

I've done some research and discovered that my friend isn't the only one who has been left out in the cold. It turns out one of the reasons attorneys are so picky about the cases they accept is that it is very hard to win a medical malpractice case. The things an attorney will consider in taking your case are: liability, damages, and who would pay the damages. If you think you have a potential medical malpractice claim, here are some things you should consider in deciding what to do next.

Do you live in a state that requires you to first try to work things out through mediation or arbitration? The process can vary from state to state so you may want to ask a legal professional in your state what to expect.

How long ago did this happen? While there can be variants in different states' statutes of limitations, if what happened was over two years ago you may find it hard to bring your claim now. Seek the advice of a lawyer on this for your state's particular rules and any factors that may extend the time you have to bring suit.

Was your doctor negligent? Negligence can come in many forms. Common ones include: misdiagnosing a problem, failure to treat a problem correctly, giving the wrong medication, and failing to warn you of the risks of surgery or other procedures. Of course, even if your doctor did misdiagnose you, that doesn't automatically mean you can take him to court and win. The question then becomes was that a common enough misdiagnosis that other doctors would have made the same mistake? That leads to the next question.

How would your doctor's actions compare to those of other doctors? If the average practitioner would have done the exact same thing, you're probably not going to be able to win a lawsuit. Your doctor's actions have to be judged in light of a standard of care observed by doctors. This guarantees that you can't go after a doctor just because he isn't on the cutting edge of research or number one in his field. If your doctor's actions were in line with accepted medical practice, then he's probably covered. However, if other doctors are surprised or perplexed by the actions of the one who caused your injury, you might be able to bring a case against him.

What damages did you suffer? This is another one of those fuzzy areas. Of course, some damages such as medical bills are obvious. However, you also need to think in terms of loss of ability, pain and suffering and what the short and long term effects will be. What makes this difficult is that this varies greatly from person to person. For example, loss of a toe for a professional dancer could be much more catastrophic than for a banker. The physical marring and the loss of balance could negatively impact a dancer's work and income whereas a banker should be able to do his work just fine without the toe.

There are a lot of factors that affect a medical malpractice case. If you think you have one, seek out an attorney as soon as possible. Keep in mind the above list so you know what to ask and what to expect from the meeting. Don't be too shocked if the attorney refuses to take your case. Do seek out a second opinion, just like you would from a doctor! However, if multiple attorneys tell you the same thing then the best thing you can do for yourself is let it go. Work on recovering physically and financially as fast as you can. A lawyer can help you work out the details of your medical financial obligations and how to best handle them. The important thing is to do what you can to minimize the impact and get on with the rest of your life and do your best to thrive, not just survive!

Related Links:

Find out what you need to know about medical malpractice.
Get answers to frequently asked questions about medical malpractice.

Deciding Who Decides

nospam@example.com (Debbie Viguié - Lawyers.com) — Thu, 14 Aug 2008 16:14:36 -0400

A couple of days ago, a man who was like a second father to my husband passed away. For those who loved him it was a time of great sadness but also of relief. His last several months were spent in a way that can't really be called living. His body was there, but his spirit was gone long before. It made me stop and think about a lot of important things, including what I want when my time comes and who I want making any decisions that might need to be made.

Over the last few years end-of-life decisions have received a lot more public scrutiny. Around me I have watched family and friends struggle with end-of-life decisions. Oftentimes people are struck down with little or no warning, leaving loved ones unable to answer the question of what the person would have wanted and not even sure who should make the important decisions. Do they want to live at any cost or do they consider being sustained by machines as not living at all? Court decisions have made the news when families can't agree on what's best. With a little advance planning, a lot of pain and confusion can be avoided. Here's what I've discovered.

First, have the conversation. Everyone hates talking about death. It scares us all. That’s one of the reasons why it’s critical to be able to discuss these issues calmly, rationally, in the light of day while everyone is healthy. You’re more likely to get reasoned, honest answers than you are in the midst of crisis and confusion.

Second, choose someone to make the hard decisions. Family often gets a say in whether or not a patient is left on or taken off of life support. However, it is an emotionally charged issue and many families have a hard time coming to a consensus and might be completely unaware of your own feelings on the topic. Choose someone who shares those feelings and who can be clear-headed and make good choices when and if the time comes.

Third, write down the important details. An attorney or even your doctor can help you with this. Ask that a form with your signature and your preferences be kept in your medical files. A health care power-of-attorney names the person you want to make decisions on your behalf if you are incapacitated and can't communicate your wishes. It's also a good idea to name a second person in case the primary choice is unavailable. The person you specify is then able to make decisions on your behalf, even ones that don't necessarily involve immediate end-of-life issues such as whether to authorize surgery on your behalf.

Fourth, consider drafting a living will. While a health care power-of-attorney can cover many different types of medical situations, living wills are often drafted or consulted when the patient is terminally ill. The living will reflects your wishes about how much care you want, whether or not to continue life support, and even where you want to spend your final days. This document also legally protects doctors and hospitals who follow your wishes from later being sued by family members who didn't agree with your desires.

In the end, everyone dies. The question is, do you want decisions about when and how you die to be made by distraught family members? Probably not. Seriously consider having either a health care power-of-attorney or a living will drawn up. Also, make sure to discuss your wishes with your family. Not talking about death doesn't make it go away, it just makes it harder on those left behind.

Related Links:

Find out more about a health care power-of-attorney.
Get more information about living wills.

Don't Let the Bed Bugs Bite

nospam@example.com (Debbie Viguié - Lawyers.com) — Wed, 06 Aug 2008 20:56:32 -0400

You've heard the saying, probably said it yourself a few times, but what are bed bugs and why should we be concerned? I thought bed bugs were a thing of the past, and although it is true that there were comparatively few cases of bed bugs for decades, they appear to be back with a vengeance, taking up residence in homes, hotels, and dorms across the world.

Bed bugs are small insects that feed on blood. They tend to infest nests of certain types of animals and human beds are no exception. Their bites are indistinguishable from those of mosquitoes and fleas. Bed bugs are only one kind of bug that might be found in your home or infesting a bed, so careful observation and analysis of the type of specimens found is required before a determination about whether or not you have bed bugs can be made.

Generally speaking, it takes several weeks of being bitten before you would build up an allergy to it so a bed bug bite should be no more irritating than a regular mosquito bite. Also, contrary to what some might believe, there is no proof that bed bugs spread diseases. They are, however, a pest that needs to be eliminated just like any other. One possible sign that you may have bed bugs as opposed to other pests is if you receive the majority of your bites during the middle of the night. Bed bugs generally tend to feed then and this can help distinguish them from fleas who bite regardless of the time of day.

If you encounter bed bugs in an apartment you're renting or a hotel room you're staying at, inform the management. Do cooperate with management in allowing inspectors and exterminators access to the room or apartment. They have a duty to provide you with a habitable lodging and that means keeping pests such as bed bugs out. If you're staying at a hotel, ask for a room change. It is quite possible that your room is the only one, or one of a handful, that is infected. Bed bugs could have arrived in the room courtesy of the luggage of the previous occupant, or even via your own luggage. They can also leave in your luggage and go home with you if you do not carefully wash all clothes and vacuum the inside of your suitcases thoroughly.

If you need help in dealing with management, contact your local health agency or housing authority. They can explain your rights and duties and can also contact management on your behalf if you have not received a satisfactory response to your complaint.

If bed bugs appear in a house you own, make sure to contact a pest elimination service and hire them to spray. Vacuum every crevice, clean everything thoroughly and do what you can to eliminate clutter that might house bed bugs.

We need to work together so that the saying will be as silly and meaningless to our children and grandchildren as it was to most of us.

Related Links:

Get more information about bed bugs from the Harvard School of Public Health.
Know what duties your landlord owes you.

They Doth Protest Too Much

nospam@example.com (Debbie Viguié - Lawyers.com) — Tue, 15 Jul 2008 14:31:05 -0400

Protestors. They are everywhere. I don’t actually know if the number of protests is on the rise, or if I’m just more aware of it these days. I drove by a group of people protesting abortion yesterday. For weeks people around the world protested as the Olympic torch passed through their cities, angry about the human rights violations that are ongoing in China. War protests are so frequent that they have practically become passe; However, a couple of weeks ago the strangest protest I ever heard about happened in southern California. Some elected officials are trying to pass a law banning Mylar balloons.

The protest that erupted over the Mylar balloon ban was amazing and unique in many ways. People who had never protested a day in their life came out for the event and brought their entire families with them. Mom, Dad, and the kids all marched and carried balloons outside the offices of the senator that was pushing for the ban. Many were chanting S-O-B (Save Our Balloons). I heard a six-year-old girl chanting that as loud as she could and thought I would never stop laughing. Even though I wasn't even in the state I went out and bought myself a Mylar balloon with a pirate on it. It's still floating proudly in my office.

It’s all got me thinking, though. I’ve never protested or marched or done anything like that. It’s not that I don’t have strong opinions and beliefs. Rather, I’ve never been clear on what the legality of such things is. I mean, it sounds appealing until you hear about people being arrested for protesting. What happened there? If I go out and join a group of protestors and hold up a sign, am I putting myself in danger of being arrested, too? Don’t get me wrong, there are causes worth dying for, let alone getting arrested for, but the rational part of my brain tells me that I don’t want to find myself on the 6 o’clock news being led away in handcuffs. Where exactly is that line?

The First Amendment guarantees us the freedom of speech and the right to peacefully assemble. The government can't stop you from speaking your mind or assembling with others to do so jointly. However, it can put some restrictions on it. Many cities have public forums, often parks, for the purpose of these assemblies. It seems the golden rule of protesting is: don't break any laws.

This may seem like a no-brainer, but think carefully. This is where many protestors can get themselves into trouble. Depending on what you're protesting and where, the police may be more or less inclined to overlook your actions. However, regardless of where you are, what you're protesting or how many people are doing the same thing, you are still ultimately responsible for your own actions.

Don't trespass on private property. This is against the law and is one of the reasons protestors can get arrested. Make sure the place you choose is public, such as a local park.

Get a permit if one is required. Checking with your local government will help you discover if you need a special permit to protest. Restrictions on time, place, and manner of assembly or protest can be easily enforced this way.

Don't destroy property belonging to someone other than you. Don't vandalize, deface, or destroy anything belonging to the government, a business, or another person.

Don't assault anyone. Do not touch police, government representatives, private individuals, basically anyone. And don't threaten to harm them, either, or make them think you're going to touch them. Also, don't try to incite others to commit violence. Remember, only peaceful assembly is protected.

Be courteous to police officers. Their job is always difficult and perhaps never more so than when they are faced with an unpredictable crowd. The more stress you heap on them the more likely things will go badly.

If you follow these guidelines, you are less likely to run afoul of the law. Who knows, maybe now that I’m clear on my rights and my responsibilities, I might just go out and protest something. I think I'll take my balloon with me.

Related Links:

Read the First Amendment text.
Get more information on the Mylar balloon issue.

What to Know Before You Buy a Pet

nospam@example.com (Debbie Viguié - Lawyers.com) — Tue, 01 Jul 2008 12:46:00 -0400

My husband and I recently found a kitten on our doorstep. We first inquired around the neighborhood and then took him to the Humane Society. When we dropped him off, we asked that they let us adopt him if no one came forward to claim him. We are now the proud parents of Schr�dinger cat!

I grew up surrounded by pets: dogs, cats, hamsters. Schr�dinger is my husband’s very first pet. That said, there are some things about the adjustment period with our kitten that are much easier for me than for him. For example, I’m not surprised when a little black ball of fluff decides that on top of my keyboard is the best place in the entire world to play. What has been interesting to me has been going over with my husband some of the things that you need to be aware of as a pet owner. You have a responsibility not only to your pet but also to people your pet will come in contact with. Dogs and cats bring a lot of joy into our lives. Unfortunately, that bundle of joy comes equipped with teeth and claws and instincts that are geared toward survival.

While you may accept behavior in a four pound kitten that you would instantly put a stop to in a forty pound dog, you should be aware that bad behavior, especially biting, is more than just a nuisance. Pet owners are responsible when their pet bites someone else. Although your dog might not be vicious and is unlikely to turn up on the 6 o'clock news, even small nips can be dangerous and get you into legal trouble. If your dog injures someone, you could end up in court and may even have to pay medical bills.

Homeowner's and renter's insurance often covers you if your dog bites someone. However, be very careful to check your policy. Some policies specifically exclude certain breeds of dogs which are considered higher risk. There are several things you can do to help minimize risk.

Choose a pet that is friendly and even-tempered. Some breeds are more easy-going than others. Getting a pet from a breeder instead of a store can also give you the opportunity to meet one or both of your animal's parents and see their personalities and temperaments.

Make sure your pet is well-behaved. Obedience classes can help with this. Correct bad behavior immediately without delay every single time. The rules should be easy to understand and consistent. If you don't want your dog on the couch, then remove him every time he jumps up regardless of what else you are doing at the time. The more consistent you are the happier and more obedient your pet will be.

Make sure your pet has regular vet check-ups. It is important to keep up on their vaccinations and just as important to be proactive when it comes to your pet's health. Not only can you help your pet live a long life this way, but you can also prevent problem behavior that occurs when an animal is sick or injured.

Take steps to secure your animals when people they don't know or don't like are at your house. This goes double for when young children are around. Children and animals, although cute together, can be a recipe for disaster. Children are exploring their world and that can include pulling ears and tails, hitting, or squeezing too hard. Your dog or cat will either fight back or run away. If they choose to run and the child is still holding them, a bite or a scratch will help secure the pet's escape. It's difficult to reason with an animal or a young child and nearly impossible to provide the intensity of supervision required when they are together. It is best to make sure that no one is in a position to get hurt and that means keeping baby and pet far from one another.

Plan for your pet’s long-term health and happiness. Consider getting pet health insurance so that unexpected illness or injury doesn't cost you an obscene amount of money. Also, consider what to do with your pet when you are not around. Find a good, responsible pet sitter who can make sure your pet receives quality care when you're away from home on vacation or business. Some people even set up trusts for their animals or make provisions for them in their wills. It might sound strange, but your pet is a member of your family. If you have children, you should already have figured out who you want to raise them in your absence. Do the same for your pet. Don't just assume that your family will figure it out. This can lead to abuse, neglect, or even the putting to sleep of an otherwise healthy and loving animal.

Remember, when choosing a pet, choose wisely. Think about their long-term needs and yours. Choose an animal based on personality and health as opposed to looks. Also, don't forget that you have responsibilities to your pet, your family and anyone who might come into contact with them.

Related Links:

Check out the National Animal Interest Alliance.
Understand the liability of dog owners.
Find out more about setting up pet trusts.

Introducing the new Lawyers.com!

nospam@example.com (Candice Petro - Lawyers.com) — Fri, 27 Jun 2008 11:29:51 -0400

By now you’ve noticed that Lawyers.com has a new look, but there’s so much more than just a new coat of paint. Lawyers.com has been connecting people with lawyers for close to 10 years now and Lawyers.com has grown to be so much more than a lawyer directory. Today, inside our site you’ll find greatly expanded information and legal resources to help you learn about the law and navigate through the legal system. Our goal is to make you an educated consumer of legal services and connect you with the information needed to make the best decision for you.

Experiencing a life-changing event? We’ve added resources oriented around the needs of people like you going through these major changes.
Want to learn more about a specific legal issue before contacting a lawyer? Explore our comprehensive list of legal topics to find expanded articles, checklists, Q&A, news, lawyer blogs, links to resources, and more.

Lawyers.com continues to offers one of the web’s most visited legal community for consumers. Looking for help from others who may have experienced similar circumstances? Explore our top Legal Message Boards, join a Live Legal Chat, or browse our Ask-A-Lawyer knowledge forum to get the tips and feedback you need to decide what to do next.

Of course we have not forgotten about what has made us what we are today. Lawyers.com still contains our best-in-the-business legal directory, with detailed lawyer and law firm listings from all over the world to help you find a lawyer that’s right for you. And if you’re thinking about doing some of the legal work yourself, our new offering from our partner, RocketLawyer makes creating and filing basic legal forms easy, and even offers lawyer review of your documents if you choose.

We’re interested in hearing your opinions on our new site. If you’d like to help us make the site even better, please use our feedback form, or just post a comment to this blog. We look forward to hearing from you!

Show Me the Numbers

nospam@example.com (Debbie Viguié - Lawyers.com) — Thu, 26 Jun 2008 04:23:35 -0400

The world is obsessed with my credit. Okay, not mine personally, but credit in general. You can't rent an apartment, buy a car or buy a house without it. Some companies won't even let you get a cell phone plan without checking it. Every time I turn on the television or radio there's yet another company offering to give me a free credit report or fix my credit or monitor my credit. I can't surf the web without having credit ads pop up all over the place and flash at me from huge banners. It's overwhelming and annoying. Of course, all that paled in comparison to my annoyance when I actually had to pay for a credit report, only to find out I'd have to pay an even steeper fee to find out my credit score. I'd already coughed up the price of a dinner out to read pages of information, but to get the actual numbers would cost me yet another dinner out!

It seems to me that the people that truly benefit from credit reports and scores are the companies reporting them, specifically Equifax, Experian, and TransUnion. It's in their best interests to make the consumer paranoid about their credit and businesses obsessed with it. Every time that report gets pulled someone pays, and half the time that cost gets passed on to me. I think it should be the other way around. I think TransUnion and associates should have to pay me each time they make money when someone looks me up.

Apparently I'm not the only one who's angry about this. A class action suit that's been going on for years against TransUnion was just settled. The complaints were much worse and more specific than mine. TransUnion had been accused of illegally selling too much information about consumers to credit issuing companies. The settlement has two aspects: cash and services. The money will have to be distributed amongst all the class members and will be a few dollars at most. The services aspect is something more people can really sink their teeth into.

You can register at the website https://www.listclassaction.com/ to claim one of two free service packages, each of which includes a few months of free access to your credit report AND score and free credit monitoring. Best yet, when your months are up, it automatically cancels it for you! Like me, you've probably had at least one experience where a "free trial" of something suddenly ended and the company started charging your credit card before you could cancel the subscription. Not the case here. You do, however, have to register by September 24th. You will be notified when the court grants final approval of the settlement and your free access begins.

Sign me up! My hat's off to the men and women who stood up several years ago and went after TransUnion for their activities. Now I'm just thinking, is Equifax next?

Related Links:

Read all about the lawsuit and register to receive benefits.

Can I Insure That?

nospam@example.com (Debbie Viguié - Lawyers.com) — Thu, 19 Jun 2008 19:19:55 -0400

Insurance. Let me guess, you have (or have had or will have) health insurance, car insurance, homeowner’s insurance, and/or renter’s insurance. You may have had wedding insurance, life insurance, pet insurance, malpractice insurance, or trip insurance. But have you ever even heard of above average snowfall insurance, kidnap and ransom insurance, or image protection insurance? A couple of these took me by surprise and got me wondering, what exactly can you insure? It turns out, just about anything. There are, however, a couple of general rules.

First, you can't insure against something that is certain to happen. For example, you can't insure against the sun setting.

Second, you can't insure against something when you have no personal stake in the outcome. That means I can't insure against Johnny Depp dying. While I might be very sad to not be able to see more of his movies, I would suffer no monetary loss if he died. A film production he was working on, however, could get insurance for this because they would be financially damaged if he died. Many times celebrities or companies they are working with take this one step further by insuring a star's physical assets. Tina Turner’s legs, Keith Richard’s hands, and Madonna’s breasts have all been insured at one point or another.

You don't have to be a celebrity, though, to insure your physical assets. Craftspeople who rely on their hands as the tools of their trade can have them insured. That way, if something happened to injure their hands, they wouldn't be financially ruined while they were unable to work.

Businesses of any size can obtain stop loss insurance for specific events. For example, if your mom-and-pop ski shop depends on a certain amount of snowfall or a minimum number of days that the slopes are open, you can insure against a below average snowfall. Average is the key. You won't be able to get insurance that will cover you for anything less than record breaking snowfall, but an insurer will look at what the average snowfall for the area is and you can collect if the snowfall is far enough below average.

If you depend on your hands for your livelihood, have a small business that could be impacted by outside factors, or have another need like this, think about getting insurance. It might take some shopping, but you should be able to find it. A good broker should be able to help you and you can also do quite a lot of research online. If all else fails you can try Lloyd's of London.

Lloyd’s of London has made a name for itself insuring what would seem uninsurable.
They’ve insured space shuttles, two-headed albino rattlesnakes, and the race horse Secretariat against failing a fertility test. In the earlier days of film, they even insured moviegoers against death from excessive laughter! More recently, they've insured someone against seeing a ghost.

In addition to the fanciful and the work-related, there are very real modern day threats that you can get insurance for. These include terrorism and identity theft.

Getting insurance is all about taking the risk of loss and putting that burden onto someone else. You might pay car insurance for twenty years without ever having an accident, but when you do, the protection will be worth it.

Related Links:

Get wedding insurance.
Find out more about insuring special risks such as kidnapping, lottery ticket errors, judicial delay, and food borne illness.
Read about some of the things Lloyd's of London has insured.
Shop for and buy health insurance online.
Buy identity theft insurance.
Find out more about the Terrorism Risk Insurance Program Reauthorization Act of 2007.

The Many Faces of Identity Theft

nospam@example.com (Debbie Viguié - Lawyers.com) — Tue, 03 Jun 2008 17:46:54 -0400

If you’re like me, the thought of someone stealing your identity sounds like a nightmare. When researching this topic recently, though, I was stunned to discover just how much of a threat it is and how many different things thieves can use your identity to do.

I knew that they could open credit card accounts and that they could even take control of my existing credit card accounts. What I didn’t know was that they can also open phone service, make calls that look like they came from my cell phone and are billed to my account, obtain Driver’s licenses, and even get a job!

Even more numerous than the ways in which my information can be used are the ways in which my information can be stolen. Small, hand-held devices can be used by a restaurant worker or a cashier to grab all of my information from that card. One swipe takes the blink of an eye and—just like that—my information is in their hands. Thieves can also rig the machines of legitimate businesses with tiny devices that can gather information from hundreds of users. These can be placed in a variety of places such as ATMs and the card reader at the gas pump. We give out our information all the time when paying for something either over the phone or online.

The more I found out the more I wanted to protect myself. There are a host of consumer protection companies out there. Ironically, one of the companies that advertises heavily on television, Lifelock, is being sued by people in three different states who have had their identity stolen. Even the spokesman, the one who confidently shows his social security number in the commercials, has had his identity stolen. While these companies seem to be quite good at protecting your credit accounts, keeping tabs on your credit reports so they know when people try to open new lines of credit or change existing ones, that only protects from one form of identity theft. The Department of Motor Vehicles, for instance, doesn’t run your credit when issuing a Driver’s license. So while credit-protection companies may serve a good purpose, they cannot completely protect you from identity theft.

That’s the bad news. Ready for the really bad news? Nobody can.

While it’s impossible to completely protect yourself against identity theft, there are many things you can do to limit your risk. Here are a few I found.

Always shred or otherwise thoroughly destroy credit card receipts, bank slips, and other unneeded documents once you are finished with them. Also, when you cut up a credit card or get rid of checks from an old checking account, make sure that you do so in such a way that your account numbers can’t be lifted off of them.
Don’t carry your social security card with you or leave it in a place in your house where somebody could see it.
Never give out personal information over the telephone unless you initiated the call or are otherwise 100% certain of who you are talking to.
Check bank and credit card statements each month for suspicious activity.
Check your credit report at least once a year to look for unauthorized activity. Ideally you should check more often than that. The faster you can detect signs of identity theft, the better off you are.
If a credit card statement doesn’t show up when you expected it, call the company to make sure that no one has changed the mailing address on your account.
When shopping online, know who you’re doing business with. Don’t give your information out over an unsecured site. When at all possible, go with big name companies or try to pay using PayPal to minimize the number of places who have your financial information.

All of these things are great, but what happens if you find out your identity was stolen? Here’s what you should do.

Contact all of your creditors and banks to alert them.
Contact the three credit reporting agencies—Equifax, Transunion, and Experian—to alert them.
Fill out a police report.
Notify the Federal Trade Commission.
Work with credit card companies and banks to get new cards and, where necessary, close accounts.
If you believe someone is using your social security number to apply for a job, report it to the Social Security Agency’s Fraud Hotline at 1-800-269-0271.
If you think someone is using your social security number to obtain a Driver’s License or ID card, contact your Department of Motor Vehicles to alert them.
Monitor your credit reports for the next several months and immediately report any unauthorized activity.

Identity theft is an epidemic. Sooner or later you or someone you know could be a victim. Protect yourself as best as you can. Remember, though, the faster you can detect the problem, the faster you can repair any damage that’s been done.

Related Links:

The Social Security Administration has helpful tips on what to do in the case of identity theft.
Report identity theft to the Federal Trade Commission.
Equifax
Experian
Transunion

The Prenuptial Agreement: the First and Last Word in Marriage

nospam@example.com (Debbie Viguié - Lawyers.com) — Tue, 27 May 2008 18:43:07 -0400

They say nature abhors a vacuum and I’ve been watching that principle playing out around me. Within the same four week period one of my friends announced his pending divorce and another one of my friends announced her engagement. Although they are at completely opposite ends of the marriage spectrum, they do have one thing in common: an intense need to look closely at a prenuptial agreement. One friend needs to make one while another one needs to enforce one.

A prenuptial (or premarital) agreement is basically a document explaining the understanding between two people on how they will handle divorce. Issues covered can range from division of assets to agreements about the payment of spousal support. It is essentially a contract, so, generally speaking, as long as the terms are clear and not completely one-sided they have a good chance of being recognized as valid. Not everyone needs or makes one of these agreements prior to marriage, but it never hurts to know all you can about them before deciding whether you want to get one and what you want to include in it.

Here are some things you should think about if getting married:

Amount of Assets and Debt – If you and your intended are just starting out in life and have pretty much nothing in the way of things you own and little or no debt, then a prenuptial agreement isn’t as pressing an issue. However, if you’re particular about money or just want things set down in stone in case you get divorced, consider a prenuptial agreement.
Age – The older you are, the more you might want to consider getting a prenuptial agreement. Age raises issues beyond death and divorce, including admission to nursing homes and medical costs that should be addressed prior to marriage.
Cost – Getting married is a costly endeavor. Prenuptial agreements are not necessarily cheap. One can run around $1500 and the partners should be represented by separate attorneys. If you have to make a choice between the wedding you want and the prenuptial agreement ask yourself which you would rather have. That leads us to the next point.
Level of Discomfort – This goes way beyond the financial discomfort of a prenuptial agreement to also cover the emotional discomfort. You probably think your marriage will last forever and, hopefully, you’re right! With that in mind, don’t be afraid to be honest with yourself and your partner (which is a good way to start off a marriage!). If you’d rather have an amazing bash and gamble on not ever needing that prenuptial agreement (roughly a 50-50 chance) then know what you’ll be facing down the line if you lose. If you don’t want to deal with the discomfort and legal hassle now, fine, but know that you risk greater discomfort and hassle later. Some people are gamblers, some aren’t.

What if you’re on the other side, preparing for divorce? What should you do with that prenuptial agreement?

Give it to Your Attorney Right Away – I know, a no brainer, but make sure that everyone is aware of what they’re dealing with. Also make them aware of anything that may have changed since it was drawn up, like an asset that is mentioned that you no longer own.
Know the Likelihood of Enforcement – Not all terms of your agreement may be honored by the courts. There are many possible reasons for this. Make sure you discuss this with your attorney early on.
Remember, You Agreed to This – You might hate the terms of the prenuptial agreement that you signed. That’s fine, hate away. Just remember that this is what you agreed to in advance. Unless you can prove that you were certifiably insane or somehow coerced into the agreement, remember that you can and will be held responsible for what you contracted to do or not do. It’s a tough truth, but face up to your responsibilities.

Divorce is an unhappy subject whether it comes at the end of a long, trying marriage or the beginning of a short, blissful engagement. A few intense, honest conversations can help everyone immensely. A prenuptial isn’t for everyone, but don’t just assume that it’s not right for you. Make an informed decision that you can live with regardless of what happens.

Related Links:

For more information on premarital agreements, click here.
Be aware of prenuptial agreements and estate planning issues, especially in regard to older couples.
Click here for a checklist of things you should think about or do in preparing to divorce.

Losing a Child's Health Insurance

nospam@example.com (Alan S. Kopit, Legal Editor) — Wed, 21 May 2008 16:39:50 -0400

Nothing is more important than health care to families. But did you know that if your child is graduating from high school or college, he or she may lose their health insurance if they don’t act now?

Under many health insurance policies, your child is probably covered under the parents’ insurance until the age of 25 as long as the child is a full-time student (19 is the cap if they are not a full-time student). If your child is graduating, he/she may not be considered a “covered dependent” any longer, particularly if he/she is not continuing his or her education. If that is so, then he/she has only a certain amount of time from the Qualifying Event date (graduation) to elect COBRA coverage to maintain health benefits. The clock may be ticking.

Be sure to speak with your health insurance agent or your Human Resources Department at work to assure that your child remains covered.

How Does a Lease-to-Own Work?

nospam@example.com (Debbie Viguié - Lawyers.com) — Wed, 21 May 2008 11:03:45 -0400

My husband and I finally finished looking at all the houses on the market in our area that were even remotely within our price range. We short-listed three and began looking at how we were going to get a loan to buy one of them. With the mortgage industry in financial chaos, lenders are taking a hard, close look at applicants. They’re more than willing to loan on our first choice of a home, however, if we can come up with enough of a down payment to sooth their fears. There’s just one tiny problem. We only have about half of what they would like us to have in the way of a down payment. Fortunately, there is a solution. Our favorite house was just reduced in price and the possibility of a lease-to-own option was raised.

Bingo. Three weeks later and we just started unpacking boxes in our new house. It’s ours, yes, but technically we’re renting it for the next twelve months. At some point before this time next year we will exercise our option to buy it.

So, this is how the process works:

First, you’ll make an offer similar to the kind you would make in a straight purchase. They’re asking a certain amount of money, you offer less, they counter somewhere in the middle (if you’re lucky!). With the offer, though, you also submit your intention that this be a lease-to-own. You will fill out papers that look a lot like a standard rental agreement. When all parties agree on the terms, a lawyer will draw up a contract which everyone signs. This means that legally you have the right to buy the house during the time period when you are renting it and the owners can’t sell it to someone else in the meantime.
Next, you’ll put down some cash up front which will go toward your eventual down payment. An agreed-upon amount of each month’s rent will also be applied to your down payment. When you exercise the option to buy you will then produce the rest of the cash needed for the down payment on the house. If at the end of your lease you decide you don’t want to buy the house, or can not get a loan for it, then you lose the money you’ve already paid towards the down payment and the monthly rent. That’s the risk.

So, why take such a gamble? Simple. Twelve months can buy you the time you need to make the whole process go smoothly (or happen at all). In twelve months you can finish saving up the money for your down payment and shop for the perfect loan. If needed, you can clean up your credit, too. You also get a chance to test drive your new house and new neighborhood and make sure that it’s all you thought it would be in the first place. It helps eliminate buyer’s remorse because you’ll know a lot more about the quirks and pitfalls of the house you want to buy before making a long-term commitment to it. Think of it like an engagement period. Sure, you can always break off the engagement if you have to. It will be messy and costly, but far less so than ending up trapped in a relationship that’s all wrong for you.

In formalizing the lease to own agreement with a contract, make sure you have a title company handle things. They can ensure that your right to purchase the house is recorded on the title, which helps protect you by preserving a record of your rights in relation to the house.

Not all sellers will agree to a lease-to-own arrangement. However, if you find a house you love and need a little time to make the financial end of the transaction work out, it never hurts to ask. The good news is that right now it truly is a buyer’s market and the longer things continue the way they are, the more desperate—and flexible—sellers will become.

Related Links:
Find out more about purchasing a home in your state. http://real-estate.lawyers.com/residential-real-estate/Purchasing-a-Home-in-Your-State.html

Find out more about landlord duties. http://leases-and-leasing.lawyers.com/landlord-tenant-law/What-To-Expect-From-Your-Landlord.html

Traveling with Children: Beware of the Documents You May Need!!

nospam@example.com (Alan S. Kopit, Legal Editor) — Wed, 14 May 2008 15:08:36 -0400

Domestic travel

You should not need any documentation when traveling with minor children, but it makes things much easier if you have a proper, government issued ID. For example, if your child has a driver’s license, be sure to have him or her take it with them even if they don’t intend to drive. If a child is under the driving age, a government issued ID, like a passport or state issued ID is a good idea.
Similarly, although you may never face a challenge, it is a very good idea for a single, separated, or divorced parent traveling with a child to have a consent form from the current or former spouse indicating that they know the child is traveling outside of the state of residence.

International travel

Any child of any age traveling out of the country—related or not—needs a passport. It’s as simple as that – there simply is no longer any easy entry into foreign countries, even those on our borders. In addition, you also have to comply with any additional document requirements in your destination country.
For any international travel with children, be sure to have consent forms from a current or former spouse, or parents of unrelated children.

Travel with Unrelated Children

� If the friend of one of your children is traveling with you, whether in this country or outside, get a health care power of attorney from the friend’s parents or legal guardian. If the friend is in need of immediate medical attention, you may need to show a hospital or doctor the power of attorney to get the help needed. This will allow for medical treatment to proceed, even in circumstances when the parents of the child cannot be reached.

Should I Buy or Rent?

nospam@example.com (Debbie Viguié - Lawyers.com) — Fri, 09 May 2008 12:16:28 -0400

To buy or not to buy? That is the question that plagues renters. Whether ‘tis better to suffer the whims and rent raises of landlords or to stake all on the ability to pay a mortgage? My husband and I, who have always been renters, have decided that this is the year we are going to change our status to that of homeowners. A number of factors have contributed to this decision ranging from the need for the tax break to the overwhelming desire to have walls that are not white or that even more hideous cream color that most landlords prefer.

With the current crisis in the mortgage industry it might seem like insanity to even think about buying right now. For those who can swing it, though, this is a great time to snag a house for a lot less than you would have paid a year ago or might pay a year from now. For anyone trying to decide whether to rent or buy there are several factors to take into account.

Intention to remain in the same place – Do you intend to stay in the same area for a long period of time, or do you only plan on staying for a couple of years or as long as it takes to get that undergraduate or graduate degree or put another line on your resume or save up the money to move?

Price – What will be the price difference in your area between renting and buying something? Shop around. If you can rent a two bedroom house or apartment for $1,000, but a mortgage on a similar sized two bedroom place will run you $2,000, then you need to seriously consider whether or not owning that place is worth paying twice as much a month to you. For some the answer is yes, for others no.

Stability - Is your income 100% predictable and are your expenses fixed so that you know each month what’s coming in and going out? If so, then buying, if you can afford it, is going to be an attractive situation, especially given that you are investing your money in the property. However, if you have income or expenses that are more unpredictable, you might want to opt for the cheaper rent so that when one of those low-income, high-expense months comes along (and they always do) you don’t have to dip into savings or borrow from a relative or friend to cover your housing costs. There’s a lot to be said for being able to be independent.

Likely future change in your housing needs – If you know that there are events coming up in your future that will drastically affect your housing needs, then you might want to consider renting until then. When you know exactly what you need in a house in terms of space, location, and amenities, then you’ll be able to make a more informed purchase. If renting just doesn’t appeal to you, you can still purchase, but do so with an eye to what you are going to need five years from now and not just five months from now. Likely future changes include planning for children or downsizing for retirement.

Amount of time and money you have – They say that when there is a problem you can throw either time or money at it. When something goes wrong with the house you own, you have to fix it which means spending money, spending time, or in all likelihood, both. When you rent and something goes wrong it is your landlord’s job to spend their time and money fixing the problem. If you need to find a plumber on a holiday weekend it’s good to not be the one footing the bill. On the other hand, not all landlords are as responsive as we would like or need which can mean extra time living with something that’s broken before it gets fixed. It can also mean that you have to be something of a nag to get things done.

Amount of control you need – If you are the type of person that needs to exercise a lot of control over your environment then you’re going to want to buy. When you own something you get to make all those decisions that landlords do when you rent. This ranges from cosmetic things (like what color to paint the walls) to more important things (like when to schedule appointments you need to be home for). I have some friends who are very happy with the layout of the apartment they are currently renting, but have serious problems with the level of control exercised by the management. At least once a month the landlord schedules different events (inspecting sliding glass doors, etc.) without regard for anyone else’s schedule. My friends, like many people, don’t like strangers walking around their place unattended, and often must take unpaid time off from work to be present for these maintenance calls. Ideally, they need to either find a place to rent where they can exercise more control over their space or they need to buy a house.

Buying a house is a huge step, and certainly isn’t for everyone. If you decide to take that plunge, make sure you get a real estate agent or broker you trust (HINT – the good ones won’t make your skin crawl!) Research the area to find the best deal that’s right for you. Know what you can do today and what you will need to do down the road to keep the house once you get it. Happy house hunting!

Related Links:

How much are your payments going to be? Check out this online mortgage calculator.
What do I need to know if I’m looking at buying a bank-owned house?
As a renter, what rights do I really have?