Tuesday, November 28, 2006

Legal Benefits of Incorporating

Incorporating your business provides legal protection of your
personal assets. It safeguards your personal assets against the
claims of creditors and lawsuits. Sole proprietors and general
partners in a partnership are personally and jointly responsible
for all liabilities of a business including accounts payable,
loans, and legal judgements. However, in a corporation, the
stockholders, directors, and officers are usually not liable for
their company's debts and obligations. They are usually limited
in liability to the amount they have invested in the
corporation. For example, if a stockholder purchased $100 in
stock, they can't lose more than $100 of their personal assets.
Corporations and Limited Liability Companies (LLCs) can also
hold personal assets like cars, boats or houses. If a person is
involved in a lawsuit or bankruptcy, these assets may be
protected. A creditor of the owner of a corporation or LLC
cannot seize the assets of the company; however, they can seize
their shares in the corporation because that is considered a
personal asset.



Tax saving options for a corporation or LLC may provide
advantages not available to sole proprietorships and
partnerships. You can establish pension or profit-sharing plans
and deduct the money you set aside for them from your net
profits in turn lowering the corporation's taxable income.
Medical, life, and disability insurance premiums can be
completely tax deductible when operating in the corporate or LLC
form, unlike other entity choices.



Corporations are taxed at a lower rate than individuals in the
United States. Owners of corporations can also own shares in
other corporations and receive corporate dividends 80% tax-free.
There is no limit on the amount of loss a corporation may carry
over to subsequent tax years. On the other hand, a sole
proprietorship cannot claim more than a capital loss of $3,000
unless the owner has offsetting capital gains.



Incorporating
your business makes it easier to set up retirement funds and
certain qualified retirement plans such 401ks. In addition, an
owner of a corporation can fully deduct the cost of his or her
health insurance. Capital from investors can be raised for
corporations easily through the sale of stock.



Ownership in a corporation is much more easily transferable to
others, either in whole or in part. Some states' laws make it
particularly rewarding to do so. For example, in Delaware, the
transfer of ownership in a corporation does not legally have to
be recorded or filed.



A corporation can get you other great benefits. Regardless of an
owner's personal credit scores, corporations acquire their own
credit rating and build a separate credit history by applying
for and using it's own corporate credit. There is great ease in
doing business with a corporation or LLC. Many stores and banks
favor corporate accounts and some merchants offer corporate
discounts.



Finally, corporations are capable of continuing indefinitely.
Their existence is not affected by the death of directors,
shareholders, or officers of the corporation. A corporation is
the most enduring form of business structure because it can
have perpetual existence. If an owner of a corporation dies, his
stock ownership can be quickly transferred thereby allowing the
corporation to continue to operate smoothly.

About the author:
Mike Cook is a marketing specialist for CorporationToolbox.com.
For more information on incorporating your business visit
http://www.corporationtoolbox.com.

 

Wednesday, November 15, 2006

Considerations to Make Before a Divorce

While money and kids are the most significant practical
considerations in trying to decide whether to stay married or
get a divorce, they are not the only ones. There is a wide range
of factors that are important to different people: involvement
with a home or garden, being in business together and not
wanting to lose what they have worked for, elderly parents who
would be hurt by their divorce, and the impact on their
relationship with friends and other family members.

Concern about the reaction of family members often becomes a
real barrier to thinking clearly about whether to stay or leave.
Unfortunately, regardless of the circumstances leading up to the
decision, a person who decides to get a divorce frequently feels
they are "blamed" for the failure of the marriage.

Most people realize there will be changes in their family
relationships after a divorce, but they are seldom prepared for
just how alienated some parts of the family may become. Staying
in touch with a spouse's family when the divorce is the result
of an affair can be exceptionally difficult. And if contact is
maintained, it may be quite stained and uncomfortable for all
concerned. Some people make the mistake of trying to force new
patterns of family interactions too quickly following a divorce,
when everyone is still trying to adjust to the situation. But
being patient and taking things one day at a time makes it more
tolerable in the short term, as well as more likely that it will
become easier with the passage of time.

There is another important consideration for the person trying
to make a decision about marriage vs. divorce: An emotional
issue like affairs often alienates family members from both of
the people involved, regardless of whether they stay married or
get a divorce. It is understandable that the relatives of the
person who did not have the affair may align themselves with
that that person, but their intense criticism and hostility
toward the spouse who had an affair may add to the turmoil of
the situation. Surprisingly, the relatives of the person who did
have an affair may avoid contact with the one who did not have
an affair. Usually based on their discomfort with the whole
situation and the tendency in society to suppress open
discussion of affairs. It will help to acknowledge in advance
that some valued family relationships will be damaged, and to be
prepared to work to gradually improve them.

For more information on where to get help after divorce, divorce
laws, divorce courts, effects of divorce on the children,
divorce procedures or divorce preparation, please visit the
following website:
http://divorce.mygeneralknowledge.com.



About the author:
Skyjoe is a well-known author, website publisher and owner of
http://divorce.mygeneralknowledge.com. ©Skyjoe. All rights
reserved.

 

Saturday, November 11, 2006

A Good Mesothelioma Attorney Is Hard To Find

The diagnosis of mesothelioma for you, a friend, or a loved one
can be a very devastating experience. It is a comfort for many
to know that there is legal recourse available to those who are
suffering from this illness and those that are left behind once
the suffering has ended. You cannot flip through a phone book
without finding literally dozens if not hundreds of lawyers
eager to be your mesothelioma attorney.

With so many eager beaver attorneys how on earth do you choose
the one that will best represent you and put your needs first.
In today's world of class action lawsuits and lawyers working on
contingency fees you will often find attorneys who rack up
client after client in hopes that one or two of the many will
net them the big pay off. These sharks may claim to have your
best interest at heart but they really throw you to the wolves
and leave you to your own devices when it comes time to fill out
complicated and detailed medical histories, work histories, and
the entire recording of your life's events until you were
diagnosed with this horrific illness.

No matter how many attorneys are out there hoping to turn a buck
off of your misery on your behalf, you can be fairly certain
that there are an equal number of attorneys getting fat off the
checks and misery handed out by the defendants as well. The only
people who really win in these cases are the lawyers. So your
best bet is to find a hungry lawyer how really needs to win your
case rather than one who is playing the odds that one of
hundreds of cases will pay off in the end.

While there are many who recommend finding an attorney or a firm
that has tried many mesothelioma cases, I recommend the
opposite. Others recommend you check out a firms success rate, I
believe you will get better odds utilizing this method but still
recommend going with someone who works with a firm large enough
to handle the mountain of paperwork these cases generate but
small enough that your individual case is important to them and
I would never go with a firm that didn't provide one on one time
with the attorney that will be handling my case. But that's just
me. If he's going to profit from my misery, then he should darn
well take the time to look me in the eye and shake my hand.

There are many kinds of lawyers and attorneys in today's world
and those who profit from the misery and suffering of others (I
guess that could really be said of any lawyer) provide a service
that benefits society as a whole and keeps companies responsible
for their deeds and actions and the suffering that is caused as
a result of their negligence. While they may not be the cream of
the crop among the attorney hierarchy, these attorneys are the
ones that society as a whole turns to when they are hurt, angry,
frightened, and most importantly when they need to know who is
responsible and make them pay. A good mesothelioma attorney may
be hard to find but he is worth his weight in gold.

About the author:
For more info on mesothelioma, mesothelioma attorney, etc,
please visit our website. <a
href="
http://www.1st-mesothelioma-attorney.com">Mesothelioma
Attorney</a>

 

Friday, November 10, 2006

California Divorce Documents-How Much Of My Private Life Will Become Public Record?

With all the celebrity divorces in the news lately and all
the dirty details of their private lives being dragged out
on their front lawns for everyone to see, it leaves one
wondering, is anyone entitled to any privacy when it comes
to a divorce?  Many people come to our office knowing that
their divorce will be less than amicable. They know their
soon-to-be-ex will most likely be dishing out the dirt
(whether true or not) of their relationship and they worry
that private information will be made public through court
documents. They want to know if ALL of the divorce
documents will be made public, and if there is any way they
can get divorce records sealed.

In California, all divorce and family law documents and
proceedings are accessible to the public.  However, there
are a number of provisions within the California Family
Code that authorize a court to close proceedings or seal
certain documents. Below are a listing and summary of
applicable sections.

.     Section 1818 - Privacy of hearings; conferences;
confidential nature of communications; closed files;
inspection of papers: This section in general allows all
hearings, conferences and court documents to be sealed and
they may only opened to inspection by written authority
from a family court judge.

.     Section 2024.6 - Authorizing a trial court to seal
pleadings that contain financial information: This section
deals with sealing documents which contain information
regarding the parties' assets and liabilities including the
location and identifying information about the assets and
liabilities.

.     Section 3025.5- Psychological evaluations of
children; confidentiality; exceptions: This section allows
the court to seal documents relating to psychological
evaluations of children, and recommendations regarding
custody or visitation.

.     Section 3041.5- Controlled substances or alcohol
abuse testing of parent seeking custody or visitation;
grounds for testing; confidentiality of results; penalties
for unauthorized disclosure: This section provides for
confidentiality of results of drug and/or alcohol testing
of a parent seeking custody or visitation.

.     Section 3177 - Confidentiality of proceedings: This
section relates to confidentiality of mediation proceedings.

.     Section 3552 - State and federal income tax returns;
submission to court; examination and discovery: This
section allows the court to seal tax returns if they are
retained by the court due to their relevancy to the case.

.     Section 7613- Natural father of child conceived by
artificial insemination; conditions: This section allows
the court to provide confidentiality to a man who donates
his semen for use in artificial insemination of a woman who
is not his wife.

.     Sections 7643 - Hearing or trial in closed court;
papers and records; inspection: This section allows the
court to conduct a proceeding without the admittance of any
person other than those necessary to the action or
proceeding.

.     Section 7884- Admission to proceedings: This section
allows the court to deny the public access to a hearing in
which termination of parental rights are being considered.

.     Section 9200- Inspection of documents; authorization;
fee; deletion of identification of birth parents;
certificate of adoption: This section allows the court to
provide confidentiality to the birth parents in the case of
an adoption.

It is important to understand that having records sealed is
not necessarily automatic, as there is a competing public
right to have access to court records and proceedings.
Nevertheless, it never hurts to ask!


----------------------------------------------------
Donald P. Schweitzer, Law Offices of Donald P. Schweitzer,
201 South Lake Avenue, Suite 700, Pasadena, California
91101, (626) 683-8113
http://www.PasadenaDivorce.com
Mr. Schweitzer is a attorney specializing in divorce
litigation. He is a former police officer, and Deputy
District Attorney.

 

Wednesday, November 08, 2006

California Divorce Documents

With all the celebrity divorces in the news lately and all
the dirty details of their private lives being dragged out
on their front lawns for everyone to see, it leaves one
wondering, is anyone entitled to any privacy when it comes
to a divorce? Many people come to our office knowing that
their divorce will be less than amicable. They know their
soon-to-be-ex will most likely be dishing out the dirt
(whether true or not) of their relationship and they worry
that private information will be made public through court
documents. They want to know if ALL of the divorce
documents will be made public, and if there is any way they
can get divorce records sealed.

In California, all divorce and family law documents and
proceedings are accessible to the public. However, there
are a number of provisions within the California Family
Code that authorize a court to close proceedings or seal
certain documents. Below are a listing and summary of
applicable sections.

. Section 1818 - Privacy of hearings; conferences;
confidential nature of communications; closed files;
inspection of papers: This section in general allows all
hearings, conferences and court documents to be sealed and
they may only opened to inspection by written authority
from a family court judge.

. Section 2024.6 - Authorizing a trial court to seal
pleadings that contain financial information: This section
deals with sealing documents which contain information
regarding the parties' assets and liabilities including the
location and identifying information about the assets and
liabilities.

. Section 3025.5- Psychological evaluations of
children; confidentiality; exceptions: This section allows
the court to seal documents relating to psychological
evaluations of children, and recommendations regarding
custody or visitation.

. Section 3041.5- Controlled substances or alcohol
abuse testing of parent seeking custody or visitation;
grounds for testing; confidentiality of results; penalties
for unauthorized disclosure: This section provides for
confidentiality of results of drug and/or alcohol testing
of a parent seeking custody or visitation.

. Section 3177 - Confidentiality of proceedings: This
section relates to confidentiality of mediation proceedings.

. Section 3552 - State and federal income tax returns;
submission to court; examination and discovery: This
section allows the court to seal tax returns if they are
retained by the court due to their relevancy to the case.

. Section 7613- Natural father of child conceived by
artificial insemination; conditions: This section allows
the court to provide confidentiality to a man who donates
his semen for use in artificial insemination of a woman who
is not his wife.

. Sections 7643 - Hearing or trial in closed court;
papers and records; inspection: This section allows the
court to conduct a proceeding without the admittance of any
person other than those necessary to the action or
proceeding.

. Section 7884- Admission to proceedings: This section
allows the court to deny the public access to a hearing in
which termination of parental rights are being considered.

. Section 9200- Inspection of documents; authorization;
fee; deletion of identification of birth parents;
certificate of adoption: This section allows the court to
provide confidentiality to the birth parents in the case of
an adoption.

It is important to understand that having records sealed is
not necessarily automatic, as there is a competing public
right to have access to court records and proceedings.
Nevertheless, it never hurts to ask!


----------------------------------------------------
Donald P. Schweitzer, Law Offices of Donald P. Schweitzer,
201 South Lake Avenue, Suite 700, Pasadena, California
91101, (626) 683-8113
http://www.PasadenaDivorce.com
Mr. Schweitzer is a attorney specializing in divorce
litigation. He is a former police officer, and Deputy
District Attorney.

Sunday, November 05, 2006

More Things To Know About Child Custody Lawyer In Maine

Sacrificing the welfare of your child is inhumane...

Does it sound sarcastic? The wellbeing, safety and security of
your child should be your priorities. Above all other things
such as your properties and wealth, your children are important
part of your life that needs to be taken care of.

Rearing of a child is a responsibility that must be done by both
parents. Each of them shares the rights, duties and liabilities
for the concern, guardianship, companionship and support for
their children.

This is possible through the "right to joint custody". This will
enable both of the parents to have a say in the child's
upbringing. Thus, if one of them is found irresponsible then it
is high time to settle with some legal matters to correct it.

There are plenty of factors that you need to ponder when it
speaks of child custody. Some of them are the following:

*Legal Child Custody It constitutes all the major decisions that
you have to make for your child like his schooling, health care,
religious conviction and other significant issues.

*Physical Custody It deals on the residency of a child. This is
usually granted to one of the parents where the child will be
entitled to reside most of the time. Legal custody is being
shared by both parents in most cases but residency is often
present on one party alone.

*Visitation Rights This is in accordance with the physical
custody. Since the non-custodial parent will not be given the
privilege to spend a lot of time with the child, visiting right
is also being established for said parent. The other parent can
make the most of his time during his visit.

Now, after you make yourself aware about the possible
arrangements that will be present when you file child custody
claims, it is also right if you seek for the assistance of a
lawyer.

Due to the intricacy of child custody concerns and the
implication of its possible outcome in your life or to your
child it is best recommended to contact an attorney. The perfect
place for you to find a child custody lawyer that can cater all
your needs is in Maine.

Law Firms in Maine are known for being dependable. Most of their
lawyers are noted for winning over thousands of cases dealing
with child custody. The services and the accessibility they give
towards their clients are really incomparable.

Another vital feature about the custody lawyers in Maine is
that, they have distinct experiences and learning about the
matter. In fact most of them are able to push through with their
expertise in the prestigious schools and universities around the
world. They are also famous for being the best child custody
evaluators.

In order to search for the custody lawyer either in your own
state or province, you just need to visit several sites in the
Internet. Then, simply type your zip code and from there the
list or the names of the leading lawyers in your place will
appear.

On the other hand, if you want to try more veteran lawyers
outside your state you can likewise do so. However, if you can
just direct to the child custody lawyers in Maine it is much
better. They will surely convene in all your expectations
including the achievement of grant for your claim.

About the author:
This content is provided by Low Jeremy. It may be used only in
its entirety with all links included. For more information on
child custody & where to find one in your state, please visit <a
href="
http://child-custody.articlekeep.com"
target="_blank">http://child-custody.articlekeep.com</a>


 

Thursday, November 02, 2006

The Lawyer's Secret Weapon - Paralegals

Efficient management of caseloads and staff is required for
lawyers to fully utilize the potential of their practice.
Paralegals can play a significant role to ensure this goal. The
Department of Labor is projecting that paralegals will be among
the fastest-growing professions in the economy by the year 2008.
Below are some of the benefits that attorneys and clients can
experience from the employ of a good paralegal:

Benefits to Attorneys Most legal firms are not streamlined in
order to make optimum use of staff. Many lawyers are doing the
same work that paralegals do. By allotting work to a paralegal,
your own time can be utilized by handling those tasks that
require your expertise. Instead of handling every last detail of
each case (can you say micro-manage?), set up time each week/day
to meet with your paralegal, so that they can bring you up to
speed on each case they're handling for you. The payoff?
Increased income from the ability to handle more cases, and more
time off, as your presence at the office isn't required to get
everything done.

Benefits to Your Clients According to a study conducted by
American Bar Association, 70% of people choose not to seek help
from lawyers for their legal needs. Why? The high cost of legal
services and the headaches of dealing with lawyers. Why not use
this information to your advantage by offering every client the
services of your excellent paralegal staff? Clients who retain
you are seeking to rely on you and your staff. Clients are aware
that your availability to them is costly. So delegate. When
dealing with a paralegal, clients see up close how the
appropriate time and attention has been given to their case.
This helps clients feel confident about your firm's legal
services, and also helps to form a strong relationship between
the client and your firm. Moreover, the paralegal's close
interaction with the client can help you understand all aspects
of the case better. Without such personal attention, clients may
feel overlooked and apprehensive about seeking your help with
additional matters.

Benefits to the Paralegal Paralegals, as evidenced by their
choice of profession, enjoy challenging jobs. With increased
interaction with you, a paralegal will be able to perform varied
tasks, and decrease your workload substantially. According to a
recent study by National Association of Legal Assistants, the
tasks of assisting clients, drafting correspondence and
pleadings, research, case management and document analysis are
the aspects of the legal profession preferred by paralegals.
Again, delegation makes sense, so that your expertise can be
utilized for revenue production.

By taking advantage of the suggested benefits listed above, you
can not only streamline your office, but you will also find that
you have the time (and energy) required to look for new avenues
of growth.

About the author:
Jack McDonough is a Colorado CPA, speaker, author, coach, and
consultant to professionals in the legal and accounting
industries who desire to make more money while working less
hours. Jack is President of Wealthy Professionals LLC.
www.wealthyprofessionals.com