legal ethics

Getting to know your Attorneys and their Responsibilities
by: Karen Nodalo

Almost all lawyers are subject to severe standards of professional responsibility which are set forth in the codes of ethics, conduct and privileges, and rules of professional conduct recognized by state bar associations. Your lawyer may have other responsibilities to you, which depends on your case and the ethical rules that apply in your jurisdiction.

Your lawyer must stand for you ethically, enthusiastically and within the bounds of the law. He must competently analyze legal issues and exercise knowledge of the law applicable to your case. He must converse with you in a appropriate and effectual manner. He owes you, as the client, a duty of loyalty because he can't at the same time stand for you and another client with legal interests that conflict with yours. For so long as he continues to stand for you, your lawyer is essential to follow your instructions in managing your case unless those directions are against the law.

If a lawyer fails to put up with by the aforesaid rules, he can be closely prohibited by any bar organization of which he is a member. It's probable the lawyer may even be disbarred for grave violations. Criminal examination is also an option. And a failure to meet the terms with the rules may be the foundation for a misconduct action.

Your lawyer must keep your individual property apart from his own property, and must keep your money in an escrow account. Any time you command it, he must return your money or possessions. Except in unusual conditions, he is obligatory to keep client confidences confidential. Depending on the influence, lawyers may be proscribed from having personal associations with their clients. Except if he first obtains your informed written consent, he is prohibited from taking on illustration that is unfavorable to your interests.

When you converse with an attorney about a legal matter, your connections with him are confidential. This means that subject to some very inadequate exceptions, and unless you give authorization, he can't reveal any information you present to a third party. Such duties and errands may include: being honest with your lawyer, being accommodating with and approachable to your lawyer, being obtainable to your lawyer and attending legal measures, as requested, and paying your legal bills in a well-timed manner.

These duties and responsibilities are pretty common sense, so they may be indirect even without a retainer agreement that specifically reduces them to writing. In spite of, a failure to stand for by them may outcome in a lawyer deciding to finish your client relationship.

For more related articles, you may visit http://www.personalinjurydefenders.com

About The Author


Karen Nodalo has graduated from the Bicol University specializing in Computer Science, she graduated with flying honors being one of the top notch students of the graduating class. She has been into writing for almost 5 years now, and has been into different topics. She has also been into student publications since her elementary years, giving her the much coveted exposure that writers of her kind battles for.

karen@rushprintingservices.com

id theft

Identity Theft
by: Sara Chambers

Identity theft is a growing problem in the United States, occurring in small towns and cities alike. Identity theft, as defined by the federal government, refers to the use of another person's identity or identification to commit crime. Most often, the identity thief uses a person's identity to rob him or her blind, using credit cards or cash to purchase whatever they want.

How often does identity theft occur? Identity theft often occurs from stolen pieces of paper. Wallets are often stolen, and the combination of ID and credit cards can be used to steal one's identity. According to the Identity Theft Resource Center; studies from 2003 show that 7 million people suffered from identity theft within a twelve month period of time, equaling approximately 13.3 people per minute.

There are many things that you can do to keep yourself from experiencing identity theft. One of the first things you can do is protect your social security number. Do not get it printed on checks or on your driver's license. Next, purchase a paper shredder. Once you've purchased it, put it together, plug it in, and use it! When in doubt, don’t toss it out. Shred it! Shred anything with your social security number, name and address, or any other pertinent information on it. In addition, keep a close watch on your checking account and credit card statements. Report anything unusual as soon as possible.

Another place where information can and often is stolen is through the internet. Be sure to protect your password and learn how to place password protection on any documents you feel need secured. Invest in a firewall to keep other computers from accessing your internet connection.

In addition to this, beware of WiFi. WiFi enables individuals to log onto the internet with their laptops at various "hot spots" like coffee houses and restaurants. While convenient, it is imperative that you understand that others are on the same connection with others and thefts can takes place. Avoid checking your bank account information or even logging into your e-mail while on this type of internet connection.

About The Author


Sara Chambers is a marketing consultant and an internet content manager for http://www.identitytheftweblog.com.

saracham@gmail.com

bankrupt

What the Credit Industry Doesn't Want You to Know About Bankruptcy
by: Tiffany Sanders

1. The “new” bankruptcy law that went into affect in October, 2005 isn’t very much more restrictive than the “old” law.

The law revision got a lot of press that made it sound like it would be much more difficult—perhaps impossible—to file for bankruptcy protection after the new law went into effect. It’s true that there are some additional steps and additional paperwork. Filing bankruptcy is a little more work and requires a little more preparation than it did before (although most of that work falls more on your attorney than it does on you). However, the end result is the same for most debtors. Once the means testing and the credit counseling session are over, the vast majority of people end up filing exactly the same kind of bankruptcy petition that they would have before the law changed. And for that very small percentage of people who may not be eligible to file a Chapter 7 bankruptcy, Chapter 13 is still available.

2. Most people who file for bankruptcy protection don’t lose any property.

The U.S. bankruptcy code provides exemptions that allow you to keep a certain amount of value in large property like your home and your automobile. In addition, there are extensive exemptions for clothing, furniture, and personal property. Bankruptcy law wouldn’t provide much protection if it left you without a place to live or a means to get back and forth to work! In addition, some states have exemptions available that go beyond those provided by the federal statute. Most people who are considering filing for bankruptcy don’t own a lot of high-ticket items—their property consists primarily of what they need to live and work. That’s exactly the kind of property that the bankruptcy law intends to protect from creditors.

3. You can rebuild your credit in just a few years after bankruptcy.

You may have heard that bankruptcy “stays on your credit” for ten years. That’s true, but it’s not the whole story. The truth is that your credit score—the number that has the greatest impact on your ability to get new credit and secure favorable rates—is more influenced by recent activity. Very soon after you’ve filed bankruptcy, you’ll begin to get credit offers. You’ll want to exercise great caution in deciding which offers to accept, and when. Many of the creditors who will solicit your business right after bankruptcy will attach outrageous fees and charges to these accounts—the kind of unexpected, mounting costs that will put you right back in financial trouble. However, by judiciously accepting credit accounts you can handle and making payments that are timely and are more than the minimum required, you can begin to rebuild your credit. Most debtors who are able to keep their bills current after bankruptcy are able to re-establish their credit in 2-4 years. Sure, the bankruptcy will still appear on your credit report, but if your current credit is solid, that’s not likely to keep you from buying a home or a car or even obtaining some unsecured credit accounts.

4. Most of the people who file for bankruptcy protection are honest, hard-working people who have fallen on hard times.

The credit industry would love for you to believe that only deadbeats file bankruptcy. There’s a lot of mileage in that claim—it makes ordinary people reluctant to file bankruptcy when they need to, it creates an unsympathetic attitude toward those who do file bankruptcy, and it makes it easier to get support for legislation that will make it harder for people to file bankruptcy. And maybe it’s more comfortable for most of us, not to have to face up to the fact that circumstances in our economy are so desperate that 1 in 53 U.S. households had to file bankruptcy during 2005. The truth, however uncomfortable, is that most people who file bankruptcy don’t do so because they took vacations they couldn’t afford and bought luxury goods with their credit cards. Most people file bankruptcy for one of three reasons—or for a combination of these reasons: divorce, job loss, and extraordinary medical expenses.

5. Once you file for bankruptcy, your creditors can’t bother you anymore.

In most cases, when you file for bankruptcy protection, the court issues an “automatic stay”. The automatic stay is a court order that tells your creditors that since you’ve filed for bankruptcy protection, they can’t contact you anymore. They can’t call you, and they can’t send you threatening letters. If they’re garnishing your wages, they have to stop. If they were about to repossess your car, they’ll have to wait to see how the bankruptcy court resolves ownership of your car. Bankruptcy law even provides that creditors who violate the automatic stay can be required to pay damages—in some cases even punitive damages. There are exceptions in certain types of cases and for certain debts like criminal restitution, but in most cases and for most debts, the automatic stay will protect you from any creditor contact.

About The Author


Tiffany Sanders is an attorney who has published two books. Her articles have appeared in numerous newspapers, magazines, newsletters, and web resources in the United States and Australia. She writes bankruptcy law news and articles for www.TotalBankruptcy.com, where sponsoring attorneys provide extensive consumer information and resources related to bankruptcy filing and rebuilding credit after bankruptcy.

© 2006, Total Bankruptcy, Inc. This article may be reproduced in its entirety without limitation and without notice, except that any reproduction must include the entire article, which may not be modified in any way, and must include the author bio information contained herein, including the URL and, if published online, a live link to the URL included therein.