Category Archives: Law and Legal

Smoak Law Offers Legal Counseling For Divorce Cases And Family Law

Divorce proceedings are rarely fun. Whether a couple wants to split as quickly as possible or happens to be in no particular hurry (while still wanting it done), the proceedings are part of a major change in lifestyle and often mean a future that’s very different from what either spouse accepted. However, Smoak Law, PC, may be able to assist you through this process by providing legal counseling and advice for how to proceed from Divorce Lawyers Salt Lake City can trust.

One issue that frequently arises during divorce cases is the distribution of assets, such as money or property. If any children are involved custody of them (and child support from the other parent) may also be part of the process. If a case isn’t settled properly, one partner could return in the future and file suit to gain a sizable portion of the other’s assets, resulting in a nasty legal battle and a lot of headaches all around.

Professional guidance through the divorce proceedings can help avoid situations like this. In fact, the experienced attorneys of Smoak Law, PC, can explain in detail the way that assets can best be distributed in a fair manner, helping to protect both sides from future losses. Though a major concern, this isn’t the only reason to get professional counseling through the divorce process.

Another consideration is the submission of all papers and documents to the appropriate places. Until these have been filed, it’s unlikely that the divorce in question will have any legal standing for relevant matters… Such as a remarriage to someone else. Failure to complete the divorce properly is another area where a challenge to get assets could come in, and many people may not even know about all of the documents they need to submit, where to bring them, and so on.

Even if you’re not considering a divorce right now, you may want to come up with a plan if you ever change your mind. These proceedings can be some of the most emotional situations you’ll face, and it can be hard to think or plan clearly when you’re too distracted by other matters in your life. One mistake could have major consequences, but professional guidance can make sure you’ve completed every step and done everything you needed to in order to protect yourself in the future.

Alongside all of these services, Smoak Law, PC, also offers support in other areas of Family Law Utah residents have use for, such as adopting a child and pre-nuptial agreements. To find out more about Smoak Law, PC, and whether or not they can help you, call 801-535-4311 and ask for a free consultation.

Disclaimer: The content of this article is intended only for general information purposes and should not be considered professional legal advice. Individual circumstances may have an impact on the ability of an attorney to offer guidance, and no attorney can offer actual advice before reviewing the case in question. To obtain professional legal advice, consult with a qualified attorney that offers assistance in your area.

An Overview Of New York Law Schools

The state of New York offers a large selection of reputable law schools, with nearly two dozens in the ranks, from the renowned Columbia School of Law to the more affordable state university. Following is a brief alphabetical overview of some of the possibilities.

Located in the state capital, Albany Law School was founded in 1851 and is the nation’s oldest independent law school. The school is located near the Court of Appeals and other government agencies affording the student with vast opportunities such as internships and the ability to see law in action is a wonderful supplement to the extensive classroom training. The cost of tuition for the 2008-2009 academic year is $38,900.

The Brooklyn Law School first opened their doors in 1901. Back then, the school was located in the basement of a business school on Ryerson Street. That first year saw thirteen first year students and five-second year students pass though their doors.

The school was known from the start as an equal opportunity educational facilities blind to race or ethnic background, welcoming African-American students as early as 1909. In the heart of Brooklyn, the law school is in the very beat of the world’s cultural and legal center of the world. Tuition for the 2008-2009 academic year is listed as $42,350. For more information please go to their website.

Originally founded in 1754 under the name of King’s College, what is now known as Columbia University was founded in 1754 as King’s College. After a brief respite during the Revolution the school reopened in 1784 under its present name of Columbia. The law school offers a diverse choice of studies with many focused courses available, such as business law, environmental law and the lesser available courses like gender studies and clinics in action.

The law school list’s its current tuition at $44,124 for the full academic year. For more detailed information you can visit their website.

Cornell University does not hold the distinction of a top ten law school but it does offer an outstanding education facility that limits its enrollment to a maximum of 180 students per year. This is less than a third of what are accepted into Harvard and afford each student a highly personalized education.

Cornell Law admitted its first class of, mainly male, law students in 1887 and offered a new age from of teaching, with clerk-ships and on the job training at many of the legal offices in the city. Tuition is listed as $46,670.

There are many other fine choices such as New York University, Fordham University and the lesser known Cardozo School of Law at Yeshiva University which continues to expand and impress each year.

What To Do If Your Child Is Bitten By A Dog

Attacks by domestic dogs are a lot more common than most people realize. This can be a terrifying situation to be involved in for anyone, but it gets even more traumatic for young children. Sites likewww.mcglonelawin.com state some pretty astounding statistics, including the following:

5 million Americans report animal bites every year.
Half of those bites happen to children.
Dog bites are the second most common source of childhood injuries.
Children between the ages of 5 and 9 are at the highest risk for this kind of injury.

If you have a child who has incurred a wound from a domestic dog attack, then there are a lot of laws ready to back you up and give you the help you need. Dog owners are charged with the responsibility of controlling their animals. This means that any damage caused by their animals are their own responsibility to restore. This is true for your child and any of your other property that the dog may have damaged. Here are the best steps to follow to get this legal help:

Get your child the needed physical and emotional treatment they may need.
Contact a personal injury lawyer.
Collect all medical records.
Hold a mediation meeting with the owners of the dog.
Remind the owners that homeowners insurance will cover this kind of claim.

Sadly, this kind of event is far more common than it should be. Children get injured by domestic dogs on the loose every day. It can be heartbreaking to have an attack of this nature happen to your child, but you can take comfort in knowing that there are resources out there to help you in this situation. Sites likewww.mcglonelawin.comcan give you some very valuable information on who you can call and how you can get the help you need.

What is the Law of Reciprocity

I have just read a book called The 10 Keys to Create Wealth to fulfill your lifes purposes. I paid special attention to the chapter talking about The Law of Reciprocity. I kept thinking; what does that mean? It is simply this: If you want to prosper in all areas of your life then you must give back to the community by offering a valued benefit for those you around you.
Ok, what does she mean? What I mean is this. If you want to succeed in life you have to give back. It is the unwritten law of nature. God speaks of this in his word. Give and it will be given unto you, good measure, pressed down and running over, will be poured into your lap. For with the measure you use, it will be measured to you
Let me give you some examples:
A man I would like to meet, but have not yet is Michael Ellison who is the author of The 10 Keys to Create Wealth to fulfill your lifes purpose, is the classic example of a man using The Law of Reciprocity . He has achieved greatness in his family, friends, wealth and health by using this formula. He believes that by offering a wellness program to the community and by serving God at the same time he is giving something of value that benefits his clients. We all want to be healthy and gain financial wealth, dont we? I know I do. Now my thought is; how do we achieve this? For what gain is there to have wealth and no health. What do you profit if you spend your days wealthy and sick and no one to share your wealth with?
**Give something of Value and let it be a benefit to mankind**
Wealth is what you determine it to be. Some call it money in the bank, others call it having family, friends, a relationship with God, etc I say it can be that but can also include the wealth of prospering others in all walks of life by being a blessing to them and solving a problem for them.
If you were walking down the street and found a man injured on the road would you take the time to help him? The fact is that in this day and age most of us would call 911 or the police. The Law of Reciprocity is a different approach. Go to the injured man and assess his condition, talk to him to bring him comfort and to let him know you are there to help him, call the appropriate help, stay with him until help arrives, ask him if you can pray with him or if there is another way you can help him. Call his family, his friend or clergy. Do you see the difference here? You gave him something of value. It was not monetarily given but given from a human aspect. You put yourself out there. Now in 5 years when he tells this story to his friends or family do you think he will remember your kindness? Will he remember you? What will his thought be? I think it will be something like this.You know, I will never forget how sweet she was to help me and comfort me, she even offered to call people for me and to pray with me. Do you see here how that will stay with that person? You can do it the easy way, but will they remember? Most definitely not!
I would recommend this book to anyone for this chapter all by itself however there are many golden nuggets through out the entire book. I am glad you took the time to read my article and let me leave you this final thought.
We determine and choose in life our success and our failure. What will your choice be? Mine will be success in every aspect of my life by applying The Law of Reciprocity!
For more articles please visit my website at www.dove-solutions.com
May God bless you and keep you!

What Is The Difference Between Thoughts And Beliefs And Why Is That Important For Using The Law Of Attraction

One of the most crucial things to know about the mind and reality is the difference between thoughts and beliefs. The difference between a thought and a belief is that you may have thousands of thoughts going through your mind but none of them give birth to any power except those that are beliefs. A belief is information that you understand as truth or knowledge. Choosing to make a thought real or not is a decision under the very power of the will.

Thought is first a conscious idea, then it becomes a subconscious memory, working day and night. This is what operates the law of attraction, for the reason that the laws of attraction and repulsion are entirely subconscious. Thoughts may be conscious to start with, but they are subconscious as soon as they are put in motion. The subconscious mind is the seat of emotion and the database of memory, therefore memory is tied to emotion. Emotion is energy in motion. The more emotion a thought has, the more it is able to move matter. Weak thoughts have little emotion. Strong thoughts have much emotion.

The things we manifest in our life come from our subconscious beliefs rather than our conscious thinking. If we believe everything we think on is going to manifest in one form or another, we’ll probably walk about terrified because most of us aren’t thinking optimistic thoughts all the time. If we have the idea that whenever we think a thought, it will create our reality, then we would most likely be afraid to think anything at all.

Emotion is energy in motion, therefore all movement is emotional. The subconscious mind as the seat of emotion is the operational aspect of the mind. All activity is carried out by the subconscious mind which is the creative faculty. The conscious mind merely directs and instructs, therefore the subconscious mind continually works in harmony with the conscious mind. The coming together of conscious and subconscious mind in order to manifest reality permanently involves the element of want and emotion.

A conscious thought only has effect when being consciously thought of. When the thought is intensified and galvanized with emotion, it generates enough momentum to continue flowing on its own and become perpetual. The thought becomes a memory and the subconscious programming that runs the entire mind. Every true belief is not just conscious but subconscious and is tied to emotion. A belief is a thought wrapped in the clothes of emotion.

Almost no one can maintain a conscious focus on anything for more than a few seconds. When you focus as fully as you possibly can on maintaining an image or thought in your mind, notice how long it takes before something else pops into your awareness. That something else is coming from your subconscious mind because it is always in motion.

Thus, it’s crucial to ensure that your subconscious mind seizes the focus on your target since your conscious mind simply can’t do it. When you emotionalize the thought instead, the parts of the brain that excel at maintaining focus, the frontal lobes, are energized in a way that maintains the necessary subconscious focus. The result is that, subconsciously, you keep your eyes on the prize, even when you’re sleeping.

When your subconscious mind understands the message it receives, it takes root and becomes set in motion.

The thought becomes emotionalized, internalized and turns into a belief.

The fastest way to give yourself the beliefs to manifest the things you want is through hypnosis and NLP. There are numerous other ways and certainly there are methods yet to be discovered. For now though, in western culture,the best ways for us to install the subconscious beliefs that will continually have our minds focused on creating our wants is through hypnosis. You can use affirmations or meditation but those things take too long.

Once your subconscious has the beliefs that support what you conscious mind wants, you won’t be able to stop yourself from gliding towards your goals. Like the maltese falcon, subconscious beliefs that match your conscious wants is the stuff that dreams are made of.

What is Considered a Breach of Fiduciary Duty in Marriage

The term -fiduciary duty- originates from the Latin term fiduciarius meaning -(holding) in trust-, and defines an ethical relationship of trust or confidence between two or more parties. Two people who enter a marriage contract or partnership are entering a fiduciary duty to treat the other partner fairly. Each member of the fiduciary relationship is required to show a duty of loyalty, a duty of obedience, a duty of care and lastly a duty of disclosure to other members.

If your spouse has engaged in financial transactions without your knowledge that did not benefit you at all, you may be the victim a breach of fiduciary duty. When one spouse decides to make financial purchases that are only to the benefit of their own interests, the other spouse may be left in the dark about the family’s finances. Some of the most common examples of a breach of fiduciary duty in a marriage or partnership include giving substantial gifts without the consent of one spouse or gambling debts.

Investigating the possibility of a breach of fiduciary duty in marriage is a recent development in family law that has grown in popularity over the last couple years. If your partner is hiding assets, faking business trips or purchasing property without you, you have a legal right to be concerned. Both members of a marriage or partnership are held to a duty of loyalty, which means they must refrain from adverse dealings with their spouse or partner and must share benefits derived from the partnership’s property or assets. In addition, both members are also held to a duty of care so that they cannot commit gross negligence, intentional misconduct, reckless conduct or a knowing legal violation against the other member. Without these duties in place, the members of a marriage or partnership could misrepresent the facts or distribute the partnership’s property without the consent of the other partner. In the past, the courts held that husbands owe their wives fiduciary duties based on the husbands’ exclusive right to control the family finances. However, both the husbands and the wives in contemporary marriages have the right to manage community property and each spouse is a fiduciary to the other. If you suspect that your fiduciary duties have been breached or if you have been accused of breaching fiduciary duties, a Glendale divorce attorney can provide you with knowledgeable legal counsel and guidance as to how to proceed. You might need to take legal action to protect your assets and your property, so call a talented attorney about your case today.

If you are looking for a legal advocate who will be committed to your divorce or family law case, look to the lawyers at the Law Offices of Thomas L. Simpson. The firm is highly experienced in all areas of family law and provides high-quality legal counsel and support for individuals and families throughout the greater Glendale area. An experienced Glendale family attorney from the firm can represent you in both the prosecution and defense of breach of fiduciary duty claims.

Mr. Simpson, the firm’s founding attorney, has won a breach of fiduciary case in an amount of over $3,500,000 on the behalf of a client, and he can help you too. With over 35 years of family law experience, the dedicated legal team at the Law Offices of Thomas L. Simpson is here to serve you! Contact a Glendale family lawyer at the firm today to schedule a consultation, and learn more at http://www.simpsonfamilylaw.com/.

Motorcycle Law for Easy Riders

If you are a motorcycle admirer, Easy Rider, made in 1969, is a must see. Indeed, it’s practically required viewing. It’s not so much an action movie as a piece of history. The plot starts with Wyatt (played by Peter Fonda) and Billy (played by Dennis Hopper) riding their way to Mardi Gras. During this drive they encounter hitchhikers, a drunken lawyer (played famously by Jack Nicholson), some jail time, and ultimately the great unknown.

They are traveling from Southern California where they sell drugs to get money to fund the ride to Mardi Gras. The money is placed in their gas tanks as they set off across the United States. Sadly, along the way they have a number of trials. The two men are arrested on the basis that they didn’t have a permit to ride in the parade. In other parts of the story they are verbally abused and threatened by officers of the law and local communities. Their ride was meant to be a testament to freedom, despite the resistance of the status quo.

At one dramatic point, a truck almost runs them off the road. Running from the cops, a bust, and shotguns, it is easy to dismiss as pure fiction. However, there are real riders in the world today that need help. Bikers are like everyone else – sometimes they need some help to get them out of a scrape.

Motorcycle law, as it happens, is a specialization in legal jurisprudence. In the film, when they are initially arrested they had no lawyer to help bail them out of jail. As the story progresses, you can see every instance where some kind of legal assistance would have helped, not withstanding a spaced-out and full-forced Jack Nicholson.

Currently, a motorcycle lawyer can help rescue any money lost in settlements. Better yet, they can help secure substantial settlements from insurance companies and careless drivers alike. In 1969 motorcycles were seen as agents of evil; today the stigma still applies, unfortunately. A great deal of intolerance is still evident even from the courts. Just one screening and its easy to see how a little legal help could have help Wyatt and Billy avoid a number of pitfalls. Better yet, a lawyer versed in motorcycle law could have had our heroes out on the road, cruising, continuing the search for the American dream.

A Brief Overview Of Salaries In The Legal Field

Many people consider the legal field because of the perception that salaries there are very high. However, the truth is that there is a wide variation in the compensation amounts paid to those in this field. Highly recognized attorneys command high salaries, but lawyers who have not yet achieved partner status in large firms can work very long hours under high pressure at salaries that seem high until they are considered on a per hour basis.

Generally, attorneys who have a law school education and who have passed the State Bar exams can expect to bring in a median salary of more than $110,000. These statistics are applied to those attorneys who are employees rather than self-employed or partners in a firm. Attorneys who are just starting out have a median salary of under $70,000 annually at the end of the first nine months after graduation from law school. Typically, those lawyers who establish their own practice may have to take on part time work in another field in order to pay the bills.

Just over one quarter of practicing attorneys are self-employed. The rest are employed by businesses, law firms or other corporations, both for-profit and not-for-profit corporations. Many are employed by government entities. These include local, county, state and federal government. Of the attorneys working for government entities, most are paid by local government agencies. In the Federal government positions, most lawyers are employed by the Departments of Justice, Treasury or Defense. The salaries vary depending on the level of responsibility and the location of the position.

At the other end of the spectrum of legal positions are legal assistants and paralegals. These positions may work in law firms or independently. They also work for government entities. For salaried paralegals, the median annual salary in 2008 was $46K. Those who worked in federal government salaried positions received higher compensation, over $59K.

Competition for the jobs remains keen. Those beginning attorneys who can show internships or experience in law firms or government positions are looked upon more favorably. Some areas of specialization are expected to grow much faster than average. These include medical and health care specialties as well as bankruptcy, insurance and banking.

Many variables affect the amount of compensation that those in the legal field can hope to receive. Location, specialization, experience and a portfolio of successes all have an impact on salaries. The economic downturn has resulted in projections of only average growth in the number of positions available in the profession.

What Is Criminal Law And How Should You Select A Criminal Lawyer

What is Criminal Law Exactly in Colorado?

Each and every breaking of law is composed of criminal characteristics. Capital penalty may be levied in some legal powers for the most substantial crimes. Genuine physical or corporal concerns may very well be imposed comprising beating or punishing. Though, these consequences are not permitted much of the world. Individuals might well be imprisoned in prison or correctional centers in many components as per the legal system. Detention might be aloof. The duration of prison time may vary up to great extent from a day to life.

The national government administration has a right to execute even a house arrest, while offenders usually have to adapt with particular specifications during a bail or trial regimen. Tickets can also be forced, seizing money or house from the person convicted of a crime.

In Defense Law, the suit is initiated by the prosecutor through the state regime or government in place of being started by the victim. Petitioners in a civil law suit just have to show by a blend of the proof that a suspect is 51% and up in charge answerable for the damage. Yet, the prosecuting attorney in a defense law case has to prove in front of the jury “beyond the shadow of a doubt” that how a suspect is guilty of the crime indicted.

Criminal defense lawyers should be graduate scholars of an American Bar Association qualified law university and should also have cleared the test of California. After clearing the bar exam they join the law firm to learn how exactly deal the cases in both state and federal courts.

How to Choose a Right Denver Criminal Defense attorney?

When selecting a criminal defense lawyer, it is also important to see their knowledge and understanding about your case. It is always good to have a professional on your side that knows how to defend you from the charges or you have to face serious consequences like imprisonment or may be more. A professional criminal case lawyer fights against the suit effectively with the experience he got from past cases. So always check their experience in dealing with the cases like your case. Choosing a lawyer who is familiar with your community as well as the kind of case can also encourage you to believe that you are in safe hands.

It is really difficult time when you experience charges of some criminal offense. Being a suspect can be a very tough experience, during this time finding a good lawyer could be really a great help for any accused. He can also assist you with taking adequate steps toward freedom from legal distresses. Keeping this feature in deliberation can offer great help.

How The Law Treats Bankruptcy

BankcruptcyBankruptcy law is incredibly complex. There are a myriad of details and nuances, and each is addressed differently in court. There are several types of bankruptcy and the decision of which type to declare is a matter of individual circumstance. It is generally defined as the process a person goes through to ask for legal protection from the court from his creditors. Sometimes, the court will grant full discharge of the debts. Other times, only a partial discharge is granted. Some debts, according to federal law, cannot be dismissed.

Below, we’ll explore how the legal system treats the different types of bankruptcy. You should speak with a bankruptcy lawyer to determine which type is most appropriate for your personal or business circumstances.

What Is Chapter 7?

This is the most common form of personal bankruptcy. The court will appoint a trustee to review your assets. Some will be sold to pay a portion of your outstanding debts. Depending upon the state in which you live, you may be able to retain ownership of some assets. In the end, the court will usually discharge most debts under Chapter 7 protection.

What Is Chapter 11?

This form of bankruptcy is mostly declared by businesses because it allows them to avoid liquidation or closure. The business may continue operating even while its debts are dismissed. Chapter 11 is often referred to as “reorganization” and has endured reproach from those who consider it an easy “escape plan” for ineffective management. Most businesses opt for Chapter 11 because Chapter 7 requires closure of the business.

What Is Chapter 13?

Protection under Chapter 13 is exclusively for individuals . Under this form of bankruptcy, the debtor will create a plan through which he will pay back the money that is owed over time. If the bankruptcy court approves his proposal, it will assign a trustee to the case. The debtor will make all payments to the trustee. The trustee has the responsibility of disbursing the payments to creditors, according to the debtor’s proposal.

Are Bankruptcies Always Granted?

The courts will usually grant bankruptcy protection to individuals and businesses who are in severe financial distress. That said, there are situations in which the court will refuse. For example, if a debtor cannot offer a sufficient explanation about the loss of personal or business assets, a bankruptcy court may not grant protection. Similarly, if the court discovers that a debtor is trying to hide assets (for example, transferring money into a child’s bank account), protection may be denied.

Getting Advice

As mentioned, bankruptcy law can be complicated and every case should be reviewed on the merit of its unique circumstances. What’s more, the laws which govern the level of protection offered to debtors can change quickly. That is why seeking the counsel of a bankruptcy lawyer is critical. An attorney can help identify which form of protection is best-suited for every situation.

The effects of filing for bankruptcy can have a long-lasting personal and business impact. And that makes having competent legal advice even more valuable.