Archive for February, 2010

A Different Way to Run the Electoral College

Sunday, February 28th, 2010
In an earlier posting, Rick Esenberg expressed his opposition to recent George Soros-sponsored efforts to devise a plan to circumvent the operation of the Constitution’s venerable Electoral College. The “problems” with the Electoral College are well-known.  Its “winner-take-all” feature supposedly distorts the electoral process, and on four occasions (1824, 1876, 1888, and 2000), it has chosen [...]

Florida Attorney - A word on firearms

Saturday, February 27th, 2010

It is unlawful for any licensed dealer, manufacturer, or importer willfully and intentionally to request criminal history record information under false pretenses, or willfully and intentionally to disseminate criminal history record information to any person other than the subject of such information. Any person convicted of a violation of this prohibition commits a felony of the third degree, punishable as provided by statute. Moreover, any licensed importer, manufacturer, or dealer or any employee or agency thereof who violates the above provisions commits a felony of the third degree, punishable as provided by statute. Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided by statute.

There is a mandatory three-day waiting period, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun. It is a felony of the third degree, punishable as provided by statute (1) for any retailer, or any employee or agent of a retailer, to deliver a handgun before the expiration of the three-day waiting period and (2) for a purchaser to obtain delivery of a handgun by fraud, false pretense, or false representation.

Caution: The three-day waiting period does not apply (1) when a handgun is being purchased by a holder of a concealed weapons permit and (2) to a trade-in of another handgun.

Florida personal injury attorneys argue that an action for three-fold damages may be brought by a person who has been injured due to certain specified prohibited conduct involving a pattern of "criminal activity," which is defined to include a crime chargeable by indictment or information under the statutory provisions relating to weapons and firearms.
He or she is also entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts, but not punitive damages.

Bicycle Accident Lawyers Welcome Promise of Protection for Los Angeles Bicyclists

Friday, February 26th, 2010

The Los Angeles police department is promising more safety and better protection for the city’s bicyclists. That should come as welcoming news to bicycle accident lawyers as well as bicyclists in California, who have long been complaining that police officers ddo not do enough to protect cyclists from aggressive motorists.

It’s hard to understand the challenges facing a bicyclist in Los Angeles, unless you’re actually one. This is a city that was designed mainly for the motorist. This auto centric culture has helped to develop a segment of motorists, who believe that all cyclists are trespassers and have no place on the roads. Los Angeles bicyclists complain that they are constantly harassed by motorists who strike them, and then drive away without a second look back. Many times these episodes of aggression have turned fatal. Bikes have been hit, and cyclists have been killed by motorists who then drive off from the scene.

This aggression was clear to see just two years ago in a high profile road rage-related bicycle crash case in which two bicyclists were injured . In that case, the motorist was a Brentwood doctor, who had been annoyed at the frequent breaking of rules by cyclists in his neighborhood.  He pulled his car in front of the two bicyclists as they were riding along. The crash that resulted, caused serious injuries to the bicyclists. One of them had to be hospitalized for several days. The doctor was sentenced this January to five years in prison.

Although a high profile case, the anger that the doctor Chris Thompson showed the two cyclists was hardly rare or unusual. Cyclists in Los Angeles will tell you that every day they come across motorists who proceed to yell at them or taunt them. Other times, this aggressive behavior turns dangerous with motorists trying to run the bicyclist off the road. In rare but increasingly frequent cases, the motorist hits the bicyclist, causing severe injuries or death.

The Los Angeles police department is now promising cyclists that they can expect more cooperation form the police department. LAPD police chief Charlie Beck made the promise this week at a meeting of the city’s police department, bicyclists and bicycle advocates.

Bicyclists have one serious issues that must be dressed immediately. They complain that the laws do not help them when they are struck by motorists. They insist that they should receive more cooperation from LAPD police officers after a crash or a hit and run accident. All too often, however, they see that officers take their complaints lightly.

Chief Beck is promising that this will change too. He said at the meeting that he is in the process of preparing a document for officers to understand their responsibilities when responding to a bicycle crash scene. He is also focusing on special training for police officers to handle a bicycle accident.

Bicycle crash lawyers in California hope that the LAPD follows up on its promise, and enacts more measures to protect cyclists.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of bicycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Seven Signs That You Have An Incompetent Bankruptcy Attorney

Friday, February 26th, 2010

Bankruptcy Attorney

In the most recent case of bankruptcy attorneys gone bad, attorney William Kaplan’s license was suspended for misconduct which once again brings to light the importance to retaining a competent bankruptcy attorney.  This bankruptcy attorney’s license was suspended; but many have already been negatively impacted by his incompetence.

The Board of Commissioners on Grievances and Disci­pline recommended an indefinite suspension based upon its findings that Kaplan neglected client matters, failed to maintain a record documenting his receipt of a client’s fee, failed to promptly comply with a reasonable client request for information, failed to keep a client reasonably informed about the status of the client’s legal matter, and failed to cooperate in a disciplinary proceeding.

The foundation of any successful bankruptcy proceeding is having a competent attorney by your side. Below are seven signs that your bankruptcy attorney is incompetent. If you notice any combination of these signs you may want to look for someone else.

  1. Your bankruptcy attorney fails to tell you what documents you need to provide them for the bankruptcy filing.
  2. You have provided your bankruptcy attorney with the documents; but he/she has failed to file them with the bankruptcy court.
  3. Your bankruptcy attorney fails to show at required meetings or fails to inform you of significant changes in your case.
  4. Your bankruptcy attorney behaves in a way that is harming your bankruptcy proceeding such as failing to list assets or debts you have already provided to them.
  5. Your bankruptcy attorney fails to challenge bogus creditor claims.
  6. Your bankruptcy attorney is not aware of current bankruptcy law.  In other words, if you know more about bankruptcy laws than your attorney you may have serious problem on your hands.
  7. Your bankruptcy attorney fails to use exemptions to protect your assets. Exemptions are the lifeblood of all bankruptcy cases, if used properly you can protect most if not all of your most important assets.

Related posts:

  1. Client-Attorney Privilege And Confidentiality During Bankruptcy
  2. You Must Properly Vet Your Bankruptcy Attorney
  3. Do All Signs Point to Bankruptcy?

Be Cautious When Using Alternative Financing, It Could Land You In Financial Trouble

Friday, February 26th, 2010

Plan for Bankruptcy

Despite a push to increase small-business lending, it is still very difficult for small companies to get traditional loans from banks.  That fact has many small businesses looking to less traditional means to finance their business ventures; however this trend could land some start-ups in financial straits.

A recent survey by the National Small Business Association found that a third of firms can’t get adequate financing. Many small-business owners are just treading water. “The situation has become acute,” said Jerry White, executive director of Southern Methodist University’s Caruth Institute for Entrepreneurship. “I see quite a few people who are just getting by. It takes persistence and a little creativity, but the serious players are figuring out how to survive.”

Unfortunately, many small businesses are “surviving” by using their credit cards, cashing out their retirement accounts, taking out home equity loans and using unknown and often unscrupulous online lenders.  Business owners considering alternative financing should consider the following risks:

  1. Using your personal credit cards to finance your business is very risky.  If you default on any credit card loan used to finance your business it may prove difficult to discharge that debt in a personal bankruptcy.  While Chapter 7 bankruptcy allows the discharge of “personal” debt on a credit card, it may not allow you to discharge debt incurred for business reasons.
  2. Cashing out your retirement account to finance a business is putting your future at risk. Even if you file bankruptcy after a business fails, the retirement funds you cashed out may not receive protection because they are no longer in your retirement fund account.
  3. Using obscure online lenders may expose your to exorbitant interest rates and unreasonable lending terms.  Please take the time to carefully review any loan documents given to you by online (or offline) lenders before you commit.  Not carefully considering loans (especially equity loans) could put some of your most important assets at risk.

Remember, business owners strolling to pay debt can file Chapter 11 bankruptcy. If you are a small business owner who is battling mounting debt, you may want to discuss your bankruptcy options with a bankruptcy attorney.

Related posts:

  1. Failing To Disclose Financial Windfalls Could Land You In Trouble
  2. GMAC Financing To Make Credit Access Easier
  3. Deceptive Investments Can Land You In Bankruptcy Trouble

Illinois Supreme Court Strikes down Medical Malpractice Caps

Friday, February 26th, 2010

The Illinois Supreme Court determined that a 2005 Illinois law limiting damages awards in medical malpractice cases violates the state constitution earlier this month. The law limited non-economic damages such as pain suffering and not actual damages such as present and future medical bills. The case before the high Court, LeBron v. Gottleib Memorial Hospital, involved a young girl that suffered a severe brain injury as she was delivered. The Court determined that a limit on the amount that a jury could award in such a case violated the separation of powers clause of the Illinois Constitution. The Court found that the caps violated a jury’s right to determine damages.

Such non-economic caps are legislatively created to specifically target medical malpractice claims. Interestingly, there are no caps on non-economic damages in other catastrophic injury cases such as drunk-driving car accidents. However, many do not realize that medical malpractice is the leading cause of injury in the United States accounting for about 180,000 injuries per year or three times the number of those injured by drunk drivers. The Illinois Supreme Court’s decision is a victory for those injured by hospital or doctor negligence.

The Klest Law Firm has almost thirty years of experience handling medical malpractice claims. To speak with an attorney regarding the Supreme Court decision or any other matter related to Illinois medical malpractice, please click here.