Adjusting To Your Divorce

Parenting through divorce presents new and changing relationships for everyone. Adjusting to the process of letting go of the concept of the two-parent family and accepting the idea of new relationships takes time. Take the time to go slow when initiating a new relationship to give children time to deal with different lifestyles and eventually the possibility of an extended family. Rushing into dating may be viewed by your child as competition for your love and attention. Old fears of abandonment may surface as the fantasy dissolves that the divorcing parents will unite. As a result of the divorce, some children lose trust in adults and are slow to accept a new adult into their life. It is important to talk to your children about their feelings and their role in the new step-family. Communication, reassurance, and time will help your child make the needed adjustment.

Before dating, give your children enough time to adjust to the idea that mom and dad will be seeing other people. Make your activities with your date a part of a group function. Starting your social life with friends the children already know may also help them get the point that you are dating. In the beginning of a new relationship, meet your dates away from home to avoid having a number of different people in your home and your child’s life. Your child had lived through difficult changes and should not be asked to adjust to something else this significant unless it is necessary. Choose with care whom you let get close to your family. Before you introduce them, let your children know the nature of your relationship. Begin with a few short outings to take the pressure off forced conversation. If it looks as if the relationship will be long term, outings can gradually become longer. It is important to reassure your children of your love for them. They are less likely to accept someone they perceive as a threat to their relationship with you. It is crucial that they know that the person is not a replacement for their absent parent.

Can a Good Divorce Lawyer Ensure the Fairest Settlement from Your Divorce

For those who are going through a troubled marriage, divorce seems to be the only option. Since different people view problems in their marital life differently, the way the matter of divorce is handled varies from person to person. While some end their relationship amicably, others keep on fighting for issues like property or children. For many, children become a means of wounding the other partner.

If all couples would have agreed on the issues harmoniously, there would not have been the requirement of a divorce lawyer. The fact is most couples share the same problem, lack of communication and that is when there is the need for a divorce lawyer. The divorce lawyer helps the couple with the division of property and with the custody of their children. These issues leave bad scars and it is better for the divorce lawyer to settle things down.

The major issue that arises during the procedure of divorce is the custody of the children, if the couple had children during the marriage. This emotional issue can be dealt with and worked out efficiently by an attorney without adding to child’s emotional trauma by having to choose between their parents in a filled courtroom. The attorney is able to provide fair and possible agreements that can be easily agreed upon by the couple. In such a situation, where the other side gets contentious, an efficient attorney is able to fight for the individual’s custody of the child in a courtroom.

The issue of dividing property and assets can also be an emotional issue if only one partner decides to end the marriage and the other does not. The problems that can arise out of this issue are better handled by the attorneys as many think it is better to extract as much property from the partner as possible. This issue becomes more time-consuming if one side fights more for the property division.

It is true that hiring a divorce lawyer can be expensive but that expense is worth the effort taken to acquire a judicious settlement in terms of division of property and child custody as well as visitation. Also, there are some laws that citizens are not aware of, so attorneys are required to prevent the couple from using them against one another.

Divorce is a difficult and serious emotional issue and opting for a renowned divorce lawyer with the suggestion of family and friends is important for every separating couple.

Understanding The Power Of Attorney

Article by Nancy C. L. Stein, Esq., Staff Writer, PR4Lawyers

A durable power of attorney is an important and powerful planning tool for estate planning and should include consideration and inclusion of Medicaid and other entitlement programs. The person who assigns the right using the power of attorney is the principal. By signing a power of attorney, you are giving another person the power to act on your behalf to manage your assets and affairs. You can assign this agent virtually all powers to perform on your behalf except acts that are testamentary in nature, like the authority to make or revoke your will. New York further limits the power of attorney, requiring a separate healthcare power of attorney or healthcare proxy power to make healthcare decisions on your behalf.

The focus of the power of attorney in New York is on assigning the right and power to make financial decisions on your behalf. While it cannot be used for healthcare decisions, the durable power of attorney can enable the agent to make property management decisions that can free up funds needed for the principals medical care and treatment.

A “general” power of attorney is very broad, enabling the agent to perform almost any act you might perform with respect to the financial management of your affairs. A “limited” power of attorney allows the agent one or more specific powers, such as the power to handle the sale or rental of a particular property.

Note that you can name one or more agents to act either “jointly” (together) or “severally” (alone without the signature of the other agents).

While a power of attorney can be limited to specific acts and a set time period, a “durable” power of attorney remains in effect upon the disability or incapacity of the principal and is not be subject to time limitations. The durable power of attorney offers the benefit of enabling the agent to act immediately to manage the principal assets or to take action without the delay and cost of obtaining court authorization.

It is important to clearly and specifically draft a power of attorney to avoid any omissions or the grant of broader powers than intended.

In 2010, New York significantly revised its power of attorney law, providing a new power of attorney form called the statutory form. While the law continues to allow the use of other power of attorney forms and recognizes their legality and the validity of existing powers of attorney, it is a good idea to use the new statutory form and update your existing power of attorney. Banks, investment companies and other institutions are familiar with this form and it is widely accepted. Using it will avoid confusion and delays.

Personal Injury – Injuries Abroad

If you are involved in an accident abroad you may be able to claim something back for the injuries caused. If you are claiming for a personal injury compensation claim, the accident that occurs abroad must not have been your fault. Therefore it is important that a expert solicitor is hired to ensure that all the evidence is brought together to prove that you were not at fault, after this you will be able to claim for compensation.

If you are working abroad and an accident has occurred whilst in the course of business, your employer would be liable and it will be possible for you to claim a personal injury compensation claim. You should hire a UK based solicitor based, so long as you are employed by a company that is also based in the UK at the time of the accident, or your employer’s registered office or place of business is located in the United Kingdom. This would mean that your claim would be treated as if you were claiming for damages had the accident occurred at work. If your situation is that you are working for an employer who is foreign or a foreign organisation, it will be vital to seek specialist legal advice in order to understand the best possible options available to you for pursuing compensation.

If the accident occurs whilst you are on holiday abroad, it would be best to hire a personal injury solicitor from the UK. They will be able to claim against the holiday company if the holiday was booked as a package deal through travel agents in the UK. Therefore the accident would need to be the fault of the travel agent or their representatives, such as hotel staff.

In a situation where the accident has occurred while you have been doing a sporting activity that was organised by independent operators in the holiday resort you are staying in, then there will probably be no liability under the Package Tour regulations. Dangerous or hazardous activities such as paragliding, waterskiing, snorkelling, bungee jumping, skydiving, underwater diving or banana boat rides are less likely to be covered under the Package Tour regulations, as they will not be part of the holiday package deal that you would have bought and therefore you cannot claim for compensation through your travel agent of their representatives. However, you can try and sue the companies in that country for the accident, but this can be much more difficult and expensive.

For more legal advice and information, and for free legal resources visit www.lawontheweb.co.uk.

Legal Services Provided by Advocates

Legal Services Provided by Advocates (LT Advokatai)
Legal services (LT. teisines paslaugos) provided by advocates shall include legal consultations (legal advice), drafting of legal documents, representation on legal matters, defence and representation in legal proceedings when these actions are carried out for remuneration.
Legal services (LT. teisines paslaugos) may be provided by advocates (LT Advokatai) or a professional partnership of advocates. When services are provided or activities are pursued by a professional partnership of advocates, the provisions of this Law shall apply mutatis mutandis to such a partnership in the same manner as to an advocate.
Advocates (LT ) Activities
The advocates right to provide legal services can be restricted only by law.
Every person shall be entitled in accordance with the procedure prescribed by laws to choose an advocate to counsel him, represent him or protect his interests.
The advocates activities shall be the provision of legal services. The advocates activities shall not be economic-commercial.
An advocate shall also be entitled in accordance with the procedure prescribed by laws to provide services for remuneration as an administrator of bankruptcy, restructuring, property or inheritance, a lobbyist, a liquidator, a curator, an executor of a will, a trustee of property, a patent trustee, as well as to act as an arbiter, a mediator, a conciliator or a legal expert in commercial disputes for remuneration. An advocate may be a member of the managing or supervisory body of a legal person, but he cannot receive any remuneration, with the exception of bonuses. The right to provide services listed in this paragraph shall be acquired by an advocate and the provision of these services shall be controlled in accordance with the procedure laid down in legal acts regulating the provision of these services.
An advocate shall be entitled to provide legal services (LT. teisines paslaugos) free of charge, i.e. to provide legal aid (LT. teisine pagalba).
Specialisation of an Advocate (LT Advokatai)
An advocate shall have the right to choose a field of law where he would provide legal services (specialisation of an advocate).
Requirements for a Person Seeking to Practice as an Advocate (LT Advokatai)
A natural person (hereinafter referred to as an applicant) shall be recognised as an advocate provided he:
1) is a national of the Republic of Lithuania or a Member State of the European Union;
2) holds a bachelors or masters degree in law, or a lawyers professional qualification degree (one-cycle university education in law);
3) has a record of at least five years of service in the legal profession or has served an apprenticeship as an advocate’s assistant for a period of at least two years. Service in the legal profession shall include activities specified in the list of legal professions approved by the Government of the Republic of Lithuania. The length of service in the legal profession shall be calculated from the moment the person has acquired a bachelors or masters degree in law, or a lawyers professional qualification degree (one-cycle university education in law) and started practising law;
4) is of high moral character;
5) has proficiency in the state language;
6) has passed the advocates qualification examination;
7) has no health disorders that would prevent him from performing the advocates duties.

An Immigration Law firm in New York talks about deportation without hearing -Part I

Millions of people around the globe apply for an American visa, every year, in order to gain entry to this land of coveted opportunities. However, only a few and deserving out of them gain entry to this land. Ask any immigrant what is his biggest fear? The answer would be, -Deportation to their home countries.- The illegal immigration reform added the removal proceedings in an amendment process to Immigration and Nationality Act (INA) to expel aliens and bar them from entering the United States. .

It is a routine procedure for all those being served a deportation to have a hearing in fort of the immigration judge to explain his/her side of the story. However, a foreign national can be deported without any hearing in many cases. An Immigration law firm in New York talks about these types of deportation procedure in the section below.

Generally, two types of deportation procedures do not involve a hearing i.e. the expedited removal process and the administrative removal process. In both the processes, the individual requires help from an experienced immigration attorney to take a person out of the immigration entangles. Expedited removal process –

In this process, foreign nationals who have misrepresented their eligibility to enter the United States are generally targeted. This also includes immigrants who have furnished false information at the port or border in order to gain entry. Aliens who have gained entry by providing false and forged documents are also removed by this process. In most cases, aliens are deported without hearing. However, in some cases, it involves those seeking asylum, the alien is interviewed by an asylum officer. An individual is barred from entering the United States for a period of 5 to 20 years if removed by the expedited removal process. This process also applies in cases in which an alien has been convicted of a crime such as those related to drug, rape, murder, sexual abuse of minors and possession of fire arms. However, these aliens are deported only on the completion of their prison term

In the part-II of the article, we will look at the various aspects of removal due to an administrative process.

Mesothelioma Lawyer

A knowledgeable and understanding mesothelioma lawyer will help you fight for justice and the financial compensation to offset those spiralling medical expenses and to provide financial security for your family’s future. >

Mesothelioma lawyers are specialised in taking on these cases for people who have been diagnosed with this disease, and putting together structured cases. Cases of mesothelioma litigation can be very complicated and such lawyers need to be highly qualified and skilled in handling the whole litigation process. Your lawyer will advise you on the statute of limitations.

Once this hurdle is crossed, the lawyer investigates into the avenues of working out the smartest deal for the mesothelioma litigation claim. Meeting the mesothelioma lawyer during the initial consultation, it is important that you and your lawyer get to know each other.

For a number of victims, mesothelioma lawyers have been able to settle cases successfully. A good lawyer will understand the complicated nature of any claim and will be able to advise you on the level of compensation you should seek based on the facts of your individual case. The best method of selection is to compile a list of mesothelioma law firms in your area; you can try to make contact with them either by email, mail or telephone for further information.

It is important for anyone that is diagnosed with mesothelioma to seek legal assistance from an experienced mesothelioma lawyer as soon as possible. It has also been explained in great detail what the benefits are, the suing process and the amounts a victim can obtain when winning the case.

A mesothelioma lawyer can help you to get the compensation you deserve so that you and your loved ones don’t have to suffer the burden of the expense of treatment on top of the burden of having the cancer. This is one area that the lawyers and attorneys have been able to successfully work on. If you have been diagnosed with asbestos related mesothelioma, such lawyers will help you fight those responsible for this cancer.

Mesothelioma is caused by direct exposure to asbestos or asbestos dust, and nearly 30 million tons of asbestos was used in buildings of every description until the mid 1970’s, this has kept these lawyers in high demand, as they pursue settlements for the victims and their families. Selecting an experienced and competent lawyer can be the difference between success and failure.

On my site you’ll find further information and resource links to information pertaining Mesothelioma Lawyer: Mesothelioma Lawyer

Duty Of Care In Torts Law

Duty of care in Donaghue -v- Stevenson 1932 was defined as exercising such care out of the box due in such ‘acts or omissions which you may reasonably foresee is planning to injure persons so directly affected which you ought reasonably to obtain them in contemplation’ and Caparo Industries -v- Dickman 1990 referred and situations whereby it may be fair, just, and reasonable to impose.

This duty is owed to 1 in physical proximity: e.g., in Haseldine -v – Daw 1941 to user of a lift negligently repaired, Buckland -v- Guilford Gas Light 1941 to child electrocuted by low cables upon climbing a tree, although not with a mother for shock nor for miscarriage to a single who had previously been being who the motive force along with the rider couldn’t to have known which were around in King -v- Phillips 1953 and Bourhill -v- Young 1942; so they can one out of legal proximity: e.g., in Donaghue -v- Stevenson 1932 for illness of consumer from manufacturer’s drink purchased by another, and not if immune as public policy in Hill -v- Chief Constable 1988, or as barristers or judges – Saif -v- Sydney Mitchell 1980; as well as to one with blood-ties: e.g., in McLoughlin -v- O’Brien 1982 to a mother who by news of accident ‘it was obvious that you will find affected’ ~it may be owed for financial decrease in special professional relationships -Mutual Life Assurance -v- Evett 1971, for careless words not provided clear as being without responsibility -Hadley Byrne -v- Heller & Partners 1964, and for serious nervous shock -Reilly -v- Merseyside RHA 1994.

The injury, additionally, if reasonably foreseeable is -Fardon -v- Harcourt 1932, negligence may entitle to damages, even punitive, Rookes -v- Bernard 1964, although if contemptuously claimed to as few as the smallest coin of the realm, e.g., without costs and nominal in Constantine -v- Imperial London Hotels 1944.

Circumstances in which a duty of care can be breached, except in the case of specific torts like libel or trespass -or underneath the Rylands -v- Fletcher rule where lawfully but at your own peril manufactured any unnatural by using land and excluding cases of immunity and circumstances the place where a statutory duty properly exercised infringes the right -such as the disturbance brought on by the noise of aircraft taking of or landing – however , not if improperly exercised: Fisher -v- Ruislip-Northwood UDC 1945, such circumstances can be regardless if a risk is know and never objected to: Smith -v- Charles Baker & Son 1891, indeed in which a risk is known and has now been consented to: Bowater -v- Rowley Regis Corp. 1944 ~even if you have contributory negligence: Stapley -v- Gypsum Mines Ltd 1953 -indeed even if despite instructions.

The typical is that of the ‘reasonable man’; if injury was risked: Bolton -v- Stone 1951 ~6 times in 3 decades meant not and also the degree of the danger is proportional as far as of care required; the seriousness of the injury risked too is proportional the amount of care necessary: Paris -v- Stepney BC 1951 -more to employee blind within a eye, rather than the total nevertheless the sort of the injury on such basis as: British Railways Board. -v- Herrington 1972; a social value whether justified danger: in Fisher failure were justified in war-time black-out to get up shaded lights to protect yourself from public nuisance to the cyclist, in Watt -v- Hertfordshire CC 1954 buying the wrong vehicle in this area of accident was justified by the valuable time that is going to have already been lost in enabling there help; the cost-benefit consideration: in Latimer -v- AEC 1953 to have done in excess of reasonable could have made raise the risk too remote by comparison -except should there be a statutory duty including in the Health & Safety Acts; that standard in the example of an expert’s negligence is, instead -Latimer, of an ‘reasonable expert’.

The link between the breach of duty as well as the resultant damage have to be proven to exist ought to be fact or perhaps a couple of law. Hmo’s is susceptible to the ‘but for’ rule: in Barnett -v- Chelsea etc. Hospital etc. 1968 breach by the failure on the doctor to call hasn’t been the caused of death, McWilliams -v- Sir Arrol 1962 failed since the safety-belt would not are actually worn if supplied, in Cutler -v- Vauxhall motors 1971 the operation on a graze had been recently ordered on an ulcer on the site than me and would be a pre-existing condition; but, just isn’t broken a causative link by way of consecutive cause and did not lessen a subsequent injury the initial factors in Baker -v- Willoughby 1970, nor necessarily disentitle multiple causes when on the balance of probabilities the link considerably was the explanation: McGhee -v- National Coal Board 1973; where harm or some of it is coming from a third party’s breach the ‘but for’ rule still refers to whether he type of injury happens to be seen: Hogan -v Betinck Colliers 1949.

Aforementioned only applies in the event the breach isn’t too remote, plus it wasn’t in Wieland -v- Cyril Lord Carpets 1969 the fact that fall elsewhere and later had resulted through the necessity to discard bi-focal glasses brought on by the driver’s negligence; the special sensitivity in the claimant wouldn’t matter -‘egg-shell skull’ rule: Robinson -v- Mailbox 1974 -‘one has to take the victim as he finds him’; inside Wagonmound 1961 during the time of the breach that oil spilled could burn on sea-water could hardly reasonably, as well as in Doughty -v- Turner Mfg. 1964 as a result of state expertise, are actually foreseen; employing Bradford -v- Robinson Rentals 1967 the frostbite was on account of providing a van without having a heater.

The claimant’s proof can go on to the defendant: Steer -v- Durable Rubber 1956; no less than some evidence is necessary of negligence even if ‘facts speak for themselves’ -they will not in case the claimant can’t say so what happened: Wakelin -v- LSWR 1886, negligence could be inferred from lack of explanation by defendant, for virtually any by claimant legally Reform (Contributory Negligence) Act 1945 proportionate reduction is made.

Investing In China Proposed Labor Contract Law

If you are considering setting up a company in the People’s Republic of China (the PRC) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.

The Bad News:

Severance Pay

Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.

Company Rules/Employee Handbooks

No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).

A Shorter Probationary Period

Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for senior technical work, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.

Non-Competition Clauses

Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s wild west business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer buy a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.

Contract Interpretation

Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.

Representative Offices

The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.

In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like technical, senior technical; and personal interest However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of implementing regulations to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.

Is there a scam involved in immigration Services.

Immigration services is a lucrative business yet risky. This is because there are number of consultancies that have been in the wrong side of the business, just to make money. They were not bothered to provide good service to the clients who have invested a huge amount with these consultancies believing their words. There are consultancies that have disappeared on a fine morning after collecting huge amounts from their clients. Even reputed consultancies were affected by these fraudsters. Many of these fraud consultancies have even used the names of the reputed consultancies to lure their prospective clients to the trap. The companies with a good client-ship have to be always alert or else these fraudsters may dupe people by faking your business and it will become a black mark for the reputation of your business.

Some of the consultancies have taken precautionary measures to deal with this kind of duping. Opulentus fake finding team has found out that their name was also used for duping the clients. Fortunately Opulentus fraud finding department is always alert to find any kind of Opulentus scam is being attempted by any of the fraudsters. This helps the company to save the goodwill and trust of the clients. The timely action by the company has ensured that there is no Opulentus fraud or Opulentus scam is in the making. It is very much necessary to the business people to be alert at all times to ensure that nobody is creating any fraud or scams using fake procedures to damages one’s business. This kind of scams happens usually when a business concern has become popular and trust worthy in the society.

It has become very difficult to conduct business in a true manner because of the fraudsters who are always there to dupe innocent clients. This is not limited to immigration services only. You can see these kinds of fraudsters in almost all the businesses. Because of them the reputation and goodwill of people who are into legitimate business are also damaged. It is high time that these kinds of scams are to be detected in the early days to avoid duping large number of innocent people. Opulentus was fortunate enough to find the illegitimate people who are in the course of creating an Opulentus fraud and Opulentus scam due to the high goodwill and reputation they are having by being in the business for more than 10 years and having a trust worthy fraternity of more than 10000 satisfied clients.