The purpose of this and all articles posted by the undersigned is to educate the public about the lawsuit funding business as a whole. The premise is that if the public is more aware of the business and how it works, it will benefit the lawsuit loan industry and clients alike. This article will touch on the various ways lawsuit funding operations originate cases to consider for a lawsuit cash advance.
Like most businesses in which there is sufficient demand, new business is generated is a variety of ways. In the lawsuit funding business, business is usually originated either through the direct "in house" efforts or through lawsuit funding brokers.
Broker Origination
Originating business is essentially informing large numbers of people the services/products offered and then processing applications/orders for the product/service. The pre-settlement loan business is really no different. Lawsuit funding brokers specialize in the origination of lawsuit loans for funding companies.
Of course, there are costs associated with this part of the business and ultimately, all costs are passed along to the consumer. If you are applying for a cash advance funding on your lawsuit - you are the consumer.
Yet, a broker is also an entity which helps the applicant through the funding process. That company is a well qualified guide and can be extremely valuable to an applicant. Some of the benefits of working with a broker are:
1. Expertise in the Industry - Generally, people who earn a living in a certain endeavor obtain an expertise in that area. Specifically, the lawsuit funding business is a unique form of "specialty finance" in which common sense is mixed with intricate knowledge of the legal process. Those persons who have experience in the business are usually able to offer insight into the lawsuit loan process which otherwise, may not be available. This insight may prove valuable to applicants for pre-settlement loans.
2. Access to Multiple Lenders - Brokers also have relationships with various litigation cash advance funders. This may also serve to help the applicant since the underwriting of cases is fairly subjective and each lender has its own risk model. Access to multiple lenders can help the applicant with a "marginal" case obtain funding when cash would otherwise be unavailable.
3. Ability to Answer Questions and Personal Attention - Because lawsuit funding brokers are intimately aware of the funding process, they have the ability to answer most, if not all of your questions. More importantly, applicants have access to these individuals on a more consistent basis than if they were dealing with a direct lender. More communication usually results in more successful outcomes. Since applicants can better explain their position to the brokers, and the brokers' compensation is contingent on the applicant receiving cash for the lawsuit, brokers are eager to help.
Of course, the benefits listed above come with a cost. In the next post, we will discuss in detail the costs associated with utilizing the services of a broker when applying for a lawsuit loans.
Thank you for your interest in the lawsuit funding business.
Many people don't realize just how important contract law is to our everyday lives. Contracts are not something reserved for lawyers and business executives, but govern many transactions from buying a house or car, signing up for a credit card, or insuring that car or house you purchased. If you purchase anything at a store you've entered a contractual transaction. We are constantly entering into, enjoying the benefits of, and possibly violating, contracts each and every day. If you run or manage a business, you will deal with even more contracts. Because of this, it is important for everyone to understand the basics of contracts, and essential for business owners to be able to interpret and draft contracts. This is where NOLO comes in. NOLO is the leader in publishing books that allow everyone to access legal information. "Contracts: The Essential Business Desk Reference" by attorney Richard Stim is an extremely useful resource text on contracts.
This is not the first book I would recommend or look to for the novice wanting to draft a contract, nor does this book have sample contracts or forms for multiple situations. What this book does contain is an alphabetical listing of just about anything you can think of involving contracts. It's simply a contract encyclopedia. (While it has definitions like a dictionary at times, the entries are more like an encyclopedia than dictionary.)
Besides the definitions, the book also has examples of contract provisions, sample contracts, and sample clauses that you can insert into contracts you are drafting. In some areas, Stim provides a little extra information, such as the seven pages on negotiation. Obviously, there is much more to negotiation, you can fill book shelves with books on this topic, but it is nice to have a little aimed at contract negotiation.
While you probably won't read this book cover to cover due to the way the book is written and organized (alphabetical listings), it is a handy reference to have on the shelf when you need it. And if you really want to know a lot about contracts, read it cover to cover. When reviewing a contract, this desk reference will enable you to look up parts of the contact to ensure you understand the document completely. Additionally, if you are drafting a contract, but are uncertain about part of it, this guide will be beneficial by assisting you with including the proper clauses. If you deal with contracts on a regular basis, you'll be glad this handy desk reference is on your shelf.
Alain Burrese, J.D. is a writer, speaker, and mediator who teaches how to live, take action, and get things done through the Warrior's Edge. He is an expert on conflict and mediates and teaches conflict resolution and negotiation. Additionally, he teaches physical conflict skills in his Hapkido and Self-Defense courses, lectures, and seminars. Alain is the author of Hard-Won Wisdom From The School Of Hard Knocks, the DVDs Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking series, and numerous articles and reviews. You can read more articles and reviews and see clips of his DVDs as well as much more at http://www.burrese.com/ and http://www.yourwarriorsedge.com/
Even today, some Texas lawyers-particularly those representing garnishees-take the position that privates are not authorized to serve the writ of garnishment. Given the fact that my service of the writ has been challenged twice in the last two years, one could reasonably assume it happens regularly throughout the state. Most in this camp cite Rule 663 TRCP (October 1940) which states as follows:
The sheriff or constable receiving the writ of garnishment shall immediately proceed to execute the same by delivering a copy thereof to the garnishee, and shall make return thereof as of other citations.
For starters, it appears to me that Rule 663 does not expressly prohibit service by a private process server, but I digress. In my view Rule 103 TRCP amended and effective 2005, trumps 663. In support, the rule to wit:
Process-including citation and other notices, writs, orders, and other papers issued by the court-may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court. Service by registered or certified mail and citation by publication must, if requested, be made by the clerk of the court in which the case is pending. But no person who is a party to or interested in the outcome of a suit may serve any process in that suit, and, unless otherwise authorized by a written court order, only a sheriff or constable may serve a citation in an action of forcible entry and detainer, a writ that requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced by the person delivering the process. The order authorizing a person to serve process may be made without written motion and no fee may be imposed for issuance of such order.
Obviously, the writ of garnishment is not one that requires the actual taking of possession of a person, property or thing, nor one requiring that an enforcement action be physically enforced by the person delivering the process- as stated in 663, it's just another citation.
As for the outcome of my cases, in one instance the court upheld the service denying the garnishee's motion to dissolve. In the other, the plaintiff's attorney elected to have the writ re-served by constable rather than incur the additional expense to defend. In either case, my authority to serve the writ should never have been in question. Swift clarification from the Texas Supreme Court rules attorney would be helpful, or-in lieu of the same-the exercise of any remedy available to those of us who believe that 103 clearly grants authority to serve the writ of garnishment by persons certified under order of the Texas Supreme Court. There is no case law since 1999 supporting any notion to the contrary. Who's with me?
In his latest article, Marc Jaco- a veteran certified process server in Texas- discusses a possible rules conflict with the regard to service of the writ of garnishment. For more on this subject and other industry related news and information, go to http://www.perfectprocess.com/
There are many books on investing that include chapters on IRAs, 401(k)s, and other retirement plans. However these books usually give the advice to ensure you are contributing to these plans and offer suggestions on what investment vehicles to use to help save a nest egg for a person's retirement years. This book is different. "IRAs, 401(k)s & Other Retirement Plans: Taking Your Money Out 9th Edition" by Twila Slesnick and John C. Suttle is not for the person wanting to invest for retirement, it is for the person who has reached retirement, or about to, and wants to take money out of these types of accounts. There are various rules, and this Nolo legal guide helps the reader navigate them.
Nolo calls this book a retirement companion, and in a sense, that is what it is. It is a very good guide on a subject that is becoming more important all the time as more and more people look to use the money they have been saving.
Chapter One covers types of retirement plans. Included are qualified plans such as profit-sharing plans, stock bonus plans, and money purchase pension plans. Individual Retirement Accounts such as Traditional IRAs, Rollover IRAs, and Roth IRAs are among those included. There is also a little on almost-qualified plans and nonqualified plans. Good brief overview of the plans.
Chapter two contains an overview of tax rules. While it won't take the place of your professional tax preparer, this chapter does provide some general guidance on the tax rules. Retirement plans are all about saving and using as much of your money as you can with as little taxes being paid as legally possible. To do this, you want to know the tax laws that are relevant, and this chapter does give the basics related to your retirement plans and funds.
To get some of the benefits certain retirement plans provide, you must keep funds in them until you reach a certain age. What if you need the money before that? Chapter three discusses early distributions and taking your money out before the law allows. If you need your retirement money early, this is a good chapter to read before talking it over with your financial and tax advisors.
Chapter four covers substantially equal periodic payments. This is a complicated exception to the early distribution tax. It is something some people may need when taking an early distribution. This again is a good chapter to read so you have a basic understanding of the concept before discussing with your financial and tax professionals.
While retirement plans have stipulations on when you can withdraw funds, they also have certain required distributions. Chapter five covers these and taking money out when you have to. Things such as special rules for Roth IRAs, penalties, and waivers are covered in this chapter.
Chapter six continues with required distributions during your lifetime. This is a good chapter for everyone to be familiar with since it discusses when you are required to start taking money out of your retirement plan or IRA.
Unfortunately, not everyone lives long enough to use their retirement money. Chapter seven focuses on distributions to your beneficiary if you die before age 70 1/2. Distribution methods, spouse beneficiary, nonspouse beneficiary, and no designated beneficiary are some of the topics in this chapter. If you don't care what happens after you die, this chapter won't mean much. But if you want to know what will happen with your accounts if you pass on without using them up, this chapter provides that information.
Chapter eight continues with distributions to your beneficiary if you die after age 70 1/2. Yep, it matters how old you are when you pass away as to what might happen with your funds. This chapter explains the differences. Like chapter seven, read it if you want to know what happens with your money if you die. These two chapters can help you prepare and plan to ensure your money goes where you want it to.
Chapter nine focuses on Roth IRAs. The book calls the Roth IRA one of the biggest sugarcoated carrots out there to encourage people to save for retirement. Personally, I believe them to be a great investment vehicle for many people. If you have a Roth IRA or are thinking about one, this chapter provides some good guidance and advice.
Chapter ten covers Roth 401(k) plans. If you have one and are under 59 1/2 years old and want to withdraw money from it, this chapter has some useful advice.
Appendix A contains some IRS forms, Notices, and Schedules. Appendix B has life expectancy tables. These are things to be familiar with when planning, and are included as a reference.
This is a very good reference for those that have this kind of investment and want to know the rules regarding getting their money out and using it, while minimizing taxes and not incurring penalties. It is especially important for those nearing retirement age as they prepare to transition from earning and saving to withdrawing and spending. There are some very good strategies and suggestions regarding what to do before and after retirement with your retirement plans and saving vehicles.
Alain Burrese, J.D. is a performance and personal development expert who teaches how to live, take action, and get things done through the Warrior's Edge. Alain combines his military, martial art, and Asian experiences with his business, law, and conflict resolution education into a powerful way of living with balance, honor, and integrity. He teaches how to use the Warrior's Edge to Take Action and Achieve Remarkable Results. Alain is the author of Hard-Won Wisdom From The School Of Hard Knocks, the DVDs Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking series, and numerous articles and reviews. You can read more articles, over 100 reviews, and see clips of his DVDs as well as much more at http://www.burrese.com/
The author makes you actually feel as though you are in the story whether it is as a cop, a fireman, a defense or prosecuting attorney, a person on trial, the witnesses of the alleged crime, or just in the presence of all of the afore mentioned. "Under Fire" is written so you can't get lost, as some stories seem to do intentionally! You will find you are placing yourself in the capacity of a small storeowner as you discover your store is on fire and you think your son is trapped upstairs in his bedroom. What to do? The you hear amidst the smoke some crashing of something followed by lights from what turned out to be a fireman's belt flashlight as two of them attempt to get you out while searching the rest of the building for any others that might be trapped. Are you in this story yet? You will be if not!
You figure more firemen arrived when you hear some sirens. You make it out of the building, as does your its who does have injuries from the smoke and fire. You watch feeling helpless as your own store burns. Then, as fast as your concern was on your store and your sound, you are arrested for burning down your own store. It's a nightmare you want to be awakened from never to return. But a fireman has been shot during the attempt to fight the fire and he was killed.
Sarah Lynch had formerly been a prosecutor. Her uncle, Buddy Clancy, was a defense attorney that used many different types of moods and words in his defense. When Buddy was asked to defend Amina Diallo, the owner of the ruined store, he contacted Sarah and talked her into helping in the defense despite the fact that Sarah had been a prosecutor. Amina's its, Malick, had been injured in the fire but he also was one of the suspects because of his proximity during the fire. Sarah had mixed emotions since some time ago she had lost one of her best friends who was a fireman in a fire. Now she was to defend a woman charged with killing another fireman. Sarah also knew other firemen and policemen very well, which also made her job more difficult.
Many things came into play between a mortgage company and its owners/managers and the killing. Could they have been part of a plan to kill Amina because of a dispute between the shady dealings with the mortgage company? The trial went on with a real good mixture of characters in the jury box that were from all sorts of different classes, political thinking, various outlooks on life as well as thoughts of each other. Sarah's friendliness with some of the firemen and members of law enforcement usually helped her get information that she otherwise wouldn't can't receive. She knew her law and knew how to draw information form many sources.
You should have a great idea by now how this book is tremendous. The author has researched far and wide to become knowledgeable regarding the many facets of this book. "Under Fire" is a fantastic story written extremely well. Add to all the above the fact that Sarah loved skating and had been a hockey player that had played in the Olympics. I hope Margaret McLean continues to write because she has certainly made a big fan from me.
Reader review by Cy Hilterman of a book supplied by The Amzon Vine Program
Aristotle proclaimed that, "The law is reason free of passion", and becoming a lawyer has been the career destination for young people from all walks of life for centuries. It is no accident that most of the major political leaders over the last 300 years had their academic and professional grounding in the law - George Washington may have been the first President, however the trend for lawyers to be selected as the nation's leader is clear - John Adams, Thomas Jefferson, James Madison (who studied law but never passed the bar) and the list continues.
Becoming a lawyer is rightly viewed as a stepping stone to a successful and wealthy future or as a springboard into many other careers in politics and public service and commerce, both at home and overseas. The practice and application of law permeates every facet of society and no lawyer specialized in all of the law - so how do you choose the right path for you?
Becoming a Lawyer: A Humanistic Perspective on Legal Education and Professionalism By Elizabeth Dvorkin
Many are attracted to the practice of law because they see an opportunity to contribute to creating a more fair and just society. The civil rights movement transformed American society, but it was the lawyers who worked in and out of the courts who allowed reforms to go forward.
This book uses most of the enclosed chapters to discuss and explore humanistic issues which are followed by commentaries from numerous lawyers to espouse their views on what it means to be a lawyer in the context of the issues raised by that chapter. This book also covers how taking a humanistic approach in career choice and throughout a lawyers legal education, will improve the reputation of the profession, of individual lawyers and for society as a whole.
Law School Confidential (Revised Edition): A Complete Guide to the Law School Experience: By Students, for Students By Robert H. Miller
What is it really like during those three hard years of law school? This book answers many of the questions a potential law school candidate will have on what is actually happening at a variety of law schools around the country. How important is it to find and experience legal work through internships? What can you expect from your first days in law school? What are the real-life experiences of law school undergraduates as they go through three years of highly intense study? What attributes does a prospective candidate need to get through law school?
For all of these issues and much more, this is a great source of real-life information and advice.
Careers in Law By Gary Munneke
This book is aimed at those thinking of attending law school, law school undergraduates and new lawyers looking for career guidance and advice. What marks this book out is how it deals with specific areas of the legal profession and its coverage of the career avenues within them.
Different fields of the law and its application require different specialist experience and training, and this book outlines how you can tailor your own law school experience to place you in the best position for admittance to your preferred field. There is also excellent coverage of the professional and personal demands which are placed on lawyers working in specific fields both within the profession and out in commerce, industry and public service.
The Lure of the Law: Why People Become Lawyers, and What the Profession Does to Them By Richard Moll
This is written and published in the early 1990's and is based on the author's experience as the Dean of Admissions at a leading law school. In some respects it is dated and the commentary is not that of a lawyer himself, but in some respects this helps. People who wish to follow the law as a career do so for a variety of reasons, but how many lawyers actually find they have achieved what they initially set out to do? How many lawyers are actually happy with their career after years building their reputation and achieving their positions? Does the practice of law change you as a person, and if so, is this for the better?
A thought provoking commentary on lawyers and the legal careers which ought to be made required reading before admission to law school.
Becoming a Trial Lawyer By Steven Grossman
For those embarking on a legal career, most aspire to becoming one of the legal ninjas of the profession - a trial lawyer.
Trial lawyers are intellectual mercenaries who operate in the most charged and frightening environment - the court, but this volume demonstrates the amount of preparation and time spent outside of court that goes into creating a reputation as a successful trial court lawyer.
This is an essential book for those seriously contemplating a career in the courtroom and covers advocacy skills, courtroom situations and tactics, deposition taking skills, the increasing role of courtroom technology and much more.
Written by Lawrence Reaves - Find out more about law and stupid laws at lawsome.net. Look for more of Mr. Reaves writing at http://ezinearticles.com/?expert=Lawrence_Reaves.
Have you ever consider owning rental properties, but were unsure about the issues and legalities of the rental business? If so, I sure have the perfect book for you, one that will help keep you out of trouble and prevent you from getting taken to the cleaners. The book is called;
"Managing Rental Properties for Maximum Profits; Save Time and Money with Greg Perry's Foolproof System for Buying the Right Properties, Finding and Keeping Good Tenants, Getting Paid On Time, Fixing and Maintaining Your Properties, Handling Tenant Complaints, Keeping Good Records and So Much More," by Greg Perry; Prima Publishing, USA (1993); ISBN: 1-55958-572-2.
This book explains how to evict bad tenants and how not to get them in the first place. It explains the tricks to advertising for the best renters, so you can protect your properties, collect rents smoothly and have a hassle free rental business. Greg explains to the reader the goal of putting your properties on Auto Pilot, and improving your cash flow in the process.
Everything in this book has been great advice and Mr. Perry indeed knows his stuff. Although this book was written over a decade ago, all the advice on dealing with renters and tenants is timeless. There are chapters on record keeping, small claims courts, and selling the properties too. Mr. Perry at the time he wrote the book owned over 50-properties and was a former professor at a community college in Oklahoma.
I'd seriously recommend this book to anyone that owns rental properties or is considering renting out any of their existing properties. It also serves as a great guide for those considering on investing in rental properties. So please think on this.
Lance Winslow is a retired franchisor - Lance Winslow's Bio. Lance Winslow is formerly the CEO of WashGuys family of franchises for instance one of Lance Winslow's favorite companies on the team; http://www.windowwashguys.com/links.shtml.
If there were ever a timely business book, "Save Your Small Business: 10 Crucial Strategies To Survive Hard Times or Close Down & Move On" by Ralph Warner and Bethany K. Laurence is certainly it. Promoted as a road map to small business survival, Warner and Laurence provide simple, no-nonsense, steps that can make a huge difference in running, saving, or if needed closing, your small business. Running a small business has always been hard, but currently it can be brutally agonizing, if not downright scary. This guide may just provide you with the information to make today's bad economy, or bad economies in the future, opportunities so that in good times your business will be poised to thrive.
The book starts out saying it will be your small business companion, and recommends you create a business survival plan, prepare a current profit-and-loss statement and cash flow analysis, and establish an advisory board. It the delves into chapters that will provide the tools to help you decide whether it makes sense to continue, hibernate, close, or sell your business and offers some strategies you can implement to get your business back on track.
Chapter One: Can You Save Your Business? This chapter discusses topics such as planning for short and long term, selling your business, putting your business in hibernation, and saving your business. It also looks at some special considerations for retailers, services, construction, restaurants, wholesalers and importers, and franchises.
Chapter Two: Don't Ignore Bad News. Why you can't wait, cutting costs, changing direction, quitting and selling are addressed. There are also strategies on determining how much to cut expenses and acing slowly to reverse cutbacks.
Chapter Three: Control Your Cash Flow. This area can be one of the most important, especially for the small business. Topics include: Keeping paying your bills on time, how to create more cash, and what not to do, such as using merchant cash advances, maxing out credit cards, and borrowing against your house.
Chapter Four: Minimize Liability for Your Debts. Are you personally liable for business debts? Liability for jointly owned debt. What can creditors do if you don't pay? Prioritizing debt payments, including payroll, taxes, utilities, and many more.
Chapter Five: Concentrate on What's Really Profitable. Face it, the goal of a business is to make a profit. This chapter looks at getting a quick profits plan on paper, making money in a service business, and making money in retail or manufacturing. It is a short chapter, but if it gets you thinking about making a profit, it has done its job.
Chapter Six: Innovate on a Shoestring. Invention, Copying, Serendipity, and Making Innovation a Continuous Process are addressed in this chapter. This chapter may inspire you to brainstorm the next wonder gadget that every household must have. Depending on your business, this may be what you need.
Chapter Seven: Identify Your Customers. Before you can create an effective marketing plan, you need to know who your likely customers are. This chapter discusses aiming at the bull's eye and filling in your target. Topics include current customers, need, price, access, and experience.
Chapter Eight: Don't Waste Money on Ineffective Marketing. If we only knew which of our marketing efforts were producing the best results. This chapter helps you determine things about your marketing such as: Marketing the right products or services to the right people, not spending big dollars on advertising, asking long-term customers for support, encouraging customers to recommend your business, using paid listing effectively, marketing on your own website, and holding a "trying to stay in business" sale.
Chapter Nine: Handle Layoffs Fairly - And Keep Your Best People. Laying people off is often one of a business owners most dreaded tasks. This chapter provides guidance in this area by looking at: Making a wise layoff plan, the logistics of a layoff, and keeping the great people you hire. Some very good advice for this unfortunate part of business.
Chapter Ten: Don't Work Too Much. What? If your business is floundering, you must work more, right? This chapter tackles the subjects of the importance of a sane schedule and how to work less and make more. Priorities and delegation are the keys the authors discuss.
Chapter Eleven: Work With Your Best Competitors. The four areas this chapter covers include: Treating competitors with respect, getting business from competitors, working for competitors, and working with competitors.
Chapter Twelve: How to Close Down Your Business. Most people don't ever want this to happen, but the reality is that it does. This chapter offers some good strategies if you decide it is time to close the business and do something else. Topics include things like creating a closing team, looking at contractual obligations, dealing with landlords, collecting bills and selling off inventory, notifying and paying employees, liquidating assets, notifying creditors and customers, paying your debts, paying taxes, and dissolving your business entity. This is not a pleasant topic, but unfortunately an important one if you find yourself having to go this direction. The book provides guidance in the process.
Chapter Thirteen: Dealing With Debt: Bankruptcy and Its Alternatives. Introductory chapter on these topics with some good advice, but you will need more resources if you choose to go down the bankruptcy path, or better yet, seek counsel from a qualified professional.
Appendix A provides guidance on preparing a profit and loss forecast and a cash flow analysis. There are more complete references on these out there for sure, but this short bare bone basics on them will get you started and at least help you determine where you are at.
"Save Your Small Business" is a good guide for the struggling small business owner, and also provides information for the small business owner who doesn't want to fall into hard times. Educating oneself regarding business is crucial for small business success. This is one more Nolo title that will help small business owners hopefully survive, but also liquidate and close with less pain if that is the course that must be taken.
Alain Burrese, J.D. is a performance and personal development expert who teaches how to live, take action, and get things done through the Warrior's Edge. Alain combines his military, martial art, and Asian experiences with his business, law, and conflict resolution education into a powerful way of living with balance, honor, and integrity. He teaches how to use the Warrior's Edge to Take Action and Achieve Remarkable Results. Alain is the author of Hard-Won Wisdom From The School Of Hard Knocks, the DVDs Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking series, and numerous articles and reviews. You can read more articles, over 100 reviews, and see clips of his DVDs as well as much more at http://www.burrese.com/
I helped my wife, at the time my engaged, emigrate to the U.S. while I was attending law school. I was not yet an attorney, nor had I taken any classes on international law or immigration. Unfortunately, finances were such that it necessitated that I do the work myself, rather than hire an experienced immigration attorney to assist me. That proves that it can be done by yourself. As an attorney, I assisted a number of people with immigration matters, and it varied from doing just about everything for them, and just having them sign where I told them to at times, to reviewing self-done work to offer limited advice due to the Finance of my client. I provided the services they needed, or wanted to pay for. While I found a number of websites, including the official government website, to be quite helpful, I wish I would have had "U.S. Immigration Made Easy" by Attorney Ilona Bray when I was a law student working at my getting engaged to the U.S. The book would also have been good to help when I was assisting clients with immigration matters, and I would have suggested it to a few of them that wanted to do more of the work themselves.
The book's cover says it is the most complete immigration book available, and at nearly 600 pages, this claim is most likely true. I have not checked all books available, but this certainly is a complete work on immigration, aimed, like all Nolo published books, at non-attorneys. The book makes a complex subject more accessible to those without law degrees, but even with my law degree, I appreciate the easy to understand language used in the book.
The book is logically organized, making it easy to find what you need. After a one-page introduction, the book is divided into twenty-four chapters that are arranged in three main parts. Part One focuses on getting started and eligibility and procedures for immigrating to the U.S. The chapters include: Where to Begin on Your Path Toward Immigration; Are You Already a U.S. Citizen? Can You Enter or Stay in the U.S. at All?; Dealing With Paperwork, Government Officials, Delays, and Denials. Special Rules for Canadians and Mexicans; and How and When to Find a Lawyer. Part Two provides an introduction to Permanent U.S. Residence (Green Cards).
The chapters consist of: Getting a Green Card Through Family Members in the U.S.; Getting a K - 1 Visa to Marry Your U.S. Citizen Fiance. Getting a Green Card Through Employment; Getting a Green Card Through the Diversity Visa Lottery. Getting a Green Card as an Investor. Getting a Green Card as a Special Immigrant. Humanitarian Protections: DED, Asylee, Refugee Status and GST; and After Your Approval for a Green Card. Part Three is on Nonimmigrant (Temporary) visa, and the chapters cover: Getting a Business or Tourist (B-1 or B-2) Visa; Getting a Temporary Specialty Worker (H - 1B) Visa. Getting an H-2B (Temporary Nonagricultural Worker) visas; Getting a Temporary drag (H - 3) Visa. Getting an L-1 (Intracompany transferred) Visa. Getting an E-1 (Treaty Trader) Visa. Getting a Treaty Investor (E - 2) Visa. Getting a Student (F-1 or M - 1) Visa. Getting a J - 1 Exchange Visitor Visa. and Getting a Visa as a Temporary Worker in a Selected Occupation (O, P, or R Visa).
As you can figure out from the proceeding paragraph, one would not have to read this book cover to cover. Some chapters will have no bearing on particular cases. As someone who helps different people periodically with immigration matters, this is a great reference to have. If you are doing it yourself, you will need to select what chapters your particular case falls under and use that chapter to assist with your immigration matters and the strategy you will use to accomplish your goals.
The book does everything you need lay out very well, and it includes checklists to assist with making sure nothing falls through the cracks. (Believe me, you don't want things to fall through the cracks, because it can then delay things in an already timely process.) I also like that this book has a lot of practical inside tips that you don't find it forms and websites. Bray's experience and insights are very useful and add to the practicality of this book.
Like any legal book, laws can change. For this reason, it is always good to have the most recent editions, and to check to ensure any law you are relying on is still good law and has not been changed. Government websites can assist with this, or obviously, seeking the assistance of an attorney who is up to date on the law. Bottom line, this is an excellent book for anyone considering emigrating to the United States or helping someone who is.
Alain Burrese, J.D. is a writer, speaker, and mediator who teaches how to live, take action, and get things done through the Warrior's Edge. He is an expert on conflict and mediates and teaches conflict resolution and negotiation. Alain combined his military, martial art, and Asian experiences with his business, law, and conflict resolution education into a powerful way of living with balance, honor, and integrity. He teaches how to use the Warrior's Edge to Take Action and Achieve Remarkable Results, as well as resolve conflict and negotiate. Additionally, he teaches physical conflict skills in his Hapkido and self-defense courses, lectures, and seminars. Alain is the author of Hard-Won Wisdom From The School Of Hard Knocks, the DVDs Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking series, and numerous articles and reviews. You can read more articles and reviews and see clips of his DVDs as well as much more at http://www.burrese.com/ and http://www.yourwarriorsedge.com/
I just read the 2nd Edition of "Every Landlord's Guide to Finding Great Tenants" by Janet Portman, the author of "Every Landlord's Legal Guide." This book is a great resource for the new landlord who will do everything him or herself.
The book contains chapters on the following topics:
One: Choosing Good Tenants Makes Good Business Sense Two: Complying With Discrimination Laws Three: How to Deal with Current Tenants - Before You Look for New Ones Four: How to Advertise Effectively Five: How Should You Show Your Rental? Six: Preparing Your Rental Application and Screening Materials Seven: Fielding Initial Questions and Phone Screening Eight: Prepare Your Rental for an Open House or Showing Nine: Face to Face: Showing the Rental and negotiating with Prospective Tenants Ten: Evaluating Rental Applications Eleven: Checking Applicants' Credit Reports Twelve: Checking Landlord, Employer, and Personal References Thirteen: checking Applicants' Criminal Backgrounds Fourteen: How to Choose and Work With a Tenant-Screening Agency Fifteen: Choosing Your New Tenant Sixteen: How to Reject - What to Say, What to Write
Again, this book is good for the landlords who choose to do most of the work themselves while owing a few rentals. It is also very good for the novice or beginning landlord. If you are just getting started, this book and "Every Landlord's Legal Guide" can be very useful.
Some of the information may seem to basic for some, or just common sense. Well, when you are just starting a business, and being a landlord is a business, there are many things to take care of, and it is nice to have even the simple stuff outlined in a text so you don't overlook it. This is especially true for those that are trying to be landlords on the side.
The book with index runs 465 pages and is easy to read. Nolo really does a good job of providing legal information in an easy format for everyone to understand. Portman is the author of several Nolo books, and this is the second one of hers that I've read and I like the information she provides. There are ample side-bars, sample documents, highlighted points, and graphs. It is laid out well and reader friendly. There is also a CD-ROM included with the book that contains forms and checklists as well as audio files that have sample dialogs to conduct interviews and such.
This book contains a lot of useful information. If you are in business, you need to have the information to succeed. This book would go well on any landlord's shelf. It would be part of a collection of books and resources to assist with a property owning business and how to be a landlord. If you are a landlord, especially a beginning landlord, I'd suggest getting this book and use Portman's advice on Finding Great Tenants.
Alain Burrese, J.D. is a performance and personal development expert who teaches how to live, take action, and get things done through the Warrior's Edge. Alain combines his military, martial art, and Asian experiences with his business, law, and conflict resolution education into a powerful way of living with balance, honor, and integrity. He teaches how to use the Warrior's Edge to Take Action and Achieve Remarkable Results. Alain is the author of Hard-Won Wisdom From The School Of Hard Knocks, the DVDs Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking series, and numerous articles and reviews. You can read more articles, over 100 reviews, and see clips of his DVDs as well as much more at http://www.burrese.com/
Marcy Jones, (JD), attorney, divorce coach, lecturer and first-time author has written a superbly informative and emotionally supportive book entitled Graceful Divorce Solutions: A Comprehensive and Pro-active Guide to Saving You Time, Money and Your Sanity. Jones understands firsthand that facing divorce can feel equal to experiencing one of the greatest losses of your life: the loss of your hopes and dreams as a couple. Jones's stated mission for her book is not small, she wants to see the transformation of a faulty legal system which she says is "broken." She goes on to claim, "Right now, we don't do divorce, it does us. Simply stated, the whole system is illogical and out of control."
The good news, there is an answer in the 21st century called being informed about the current legal system and its alternative called "Collaborative Divorce." Throughout this work, Jones encourages us to trust that "by using our common sense and a bit of emotional intelligence, we can begin to apply some practical solutions that are needed in order to protect the many families and children who are affected by this life transition."
Like an empathic divorce coach, Marcy Jones conveys authentic care for her readers, after all, she knows intimately of their suffering.
Coming to accept the fact that "this marriage is over" can be excruciating. Whether you're the one asking for divorce or the one being asked for one, your life and everything you knew prior to this date will be forever changed.
Emotionally, dealing with divorce is much like dealing with a death of a loved one. One will most likely have to go through what author of On Death and Dying, Elizabeth K?bler-Ross, calls "the five states of grief" which include: Denial, Anger, Bargaining, Depression and Acceptance. Jones reminds her readers that the person who files for divorce may already be experiencing "acceptance" of the marriage's end whereas the one asking for a divorce may be in stage one, "denial" or two, "anger." Either way, for her or him, acceptance can seem to take an eternity. But filing for a divorce affects each person differently.
Graceful Divorce Solutions offers multiple vehicles for learning "how to" get a divorce that works well for all people involved, including children. Jones educates her reader to know that the emotional process of divorce is just one piece of the bitter pie. She claims couples will have four divorces to work through to experience a satisfying or, at least, workable ending to their marriage (which applies to both gay and straight couples alike). These four stages include: The Legal Divorce, The Financial Divorce, The Social Divorce and The Emotional Divorce.
Because this time in a distressed couple's life can be vexed, like riding a never-ending roller-coaster, guidance and correct information are vital if you're to skillfully negotiate the labyrinth called our legal system. And yet, when your life feels upside down, the last thing you feel like doing is learning how to work with the ins and outs of a truly upside down legal system.
Throughout the book and in uniquely-helpful ways, Jones makes her convictions known, "I object to the conventional way we do divorce, and so should you! The system is not just flawed. There's not just a little crack there. It's totally busted. It is so senseless and out of control, it's hard for me even to find strong enough words to express this truth." Like the civil-rights hero Dr. Martin Luther King, Jr., Marcy Jones is dedicated to transforming this unjust system into one that values collaboration and workable outcomes for children of couples that decide to end their marriage.
Jones will have little reader resistance regarding her disappointment with the training and behavior of most lawyers. Yet, most of us don't know that the U.S. legal system was largely founded on the premise that civilized people need protection from violence, political tyranny and threats to their personal property. Most of us go to court only to serve as jurors or to fight a speeding ticket in traffic court. For some, filing for a divorce may be our very first encounter with the legal system. Understandably, the prospect of dealing with lawyers, courts, and legal mumbo jumbo can be overwhelming.
One of the best ways to steel yourself for what's to come and boost your self-confidence is to find out about the laws that apply to divorce and the legal processes involved in getting a divorce. Marcy Jones's book, Graceful Divorce Solutions, serves as free legal counsel and offers you room to explore your own questions, needs and fears in this wholly accessible guide.
The reader can't help but see that the legal system, in its current incarnation, is not friendly to families, kids or to couples seeking to be non-combative. A peaceful resolution is a rare outcome when one goes to divorce court, in part, because lawyers have been trained in Zealous Advocacy - to argue for the best result they can get for their client regardless of how it affects or damages others. But, such an aggressive framework can be infinitely destructive not only to the parties involved, but to the children that the couple may need to co-parent for the rest of their lives. Jones reminds us, from first-hand experience, that to co-parent in a skillful way, adults need to do their best to get along. Children need stability to thrive and watching unhappy and bitter parents resent each other, perhaps vocally assault the other parent's character, is always destructive.
Prior to becoming a collaborative attorney, Jones, herself, survived working with our archaic legal system in going through her own divorce. Both her husband and past bosses were practicing attorneys who frequently used an adversarial approach to "solve" disagreements. The word "collaborative" was rarely used or thought of positively and would certainly prove less profitable for the firm. There seemed to always be a "winner" and a "loser" in the court of law, according to Jones. For most, that's just the way the system rolls.
Who wouldn't be discouraged with this current state of affairs? Yet, after reading this book it is clear that Marcy Jones has not lost hope. She believes change and empowering ourselves can come through a commitment to learning alternatives. She testifies: "The truth is, more and more lawyers who specialize in family law are also feeling the destructiveness of the conventional divorce process and looking for a better way." She goes on to announce the solution: "Collaborative divorce was the answer."
Perhaps a little background on this method is in order. In the late 20th-century, around 1990, attorney Stu Webb began using his own "collaborative divorce" model in a way that swept rapidly across the legal world. Some disgruntled family lawyers began to work with mediators (non-legal professionals trained to be impartial coaches in service of both parties finding non-violent ways to find common ground). Others thought, "This process could benefit with a matrix of support for each person involved (whether the frustrated couple lives with or without young children)." Hence, they gave birth of the collaborative divorce method.
Pauline Tesler, author of Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues and Move on with Your Life, was one of the earliest trainers traveling across North America to meet this demand. Like Tesler, Jones has become one of the most active collaborative lawyers in the field. She functions not only as persuasive leader but almost like an evangelist for life-altering change in the field of divorce law. She's embraced an interdisciplinary team approach for creating a supportive process for all en route to a non-aggressive settlement. Now, more than ever, this team model has become available in most states and provinces in North America and, due to the rave reviews from content clients, word of mouth is spreading on how this collaborative method works and why it seems to be so successful.
All divorce is painful but a collaborative divorce, according to Jones, allows the greatest possible support to each person involved. A team of helpers from the fields of law, psychology, and finance can provide coordinated support and guidance to slow down, reflect, focus on the big picture, each person's goals and values. All of this is done in service of making the best decisions together. When couples agree to work non-combatively-to find agreement in relation to division of property, debt, assets, and child custody-there becomes no need to go to court.
Settlement outside the legal system is what all parties involved must agree to in order for this collaborative arrangement to work. As a matter of fact, agreeing NOT to go to court is a requirement in order to begin the process of a collaborative divorce.
Until all people know this, Jones will not stop educating the rest of us, inevitably leading the way to a family law overhaul. Like ending racism, Jones believes that ignorance about alternatives to the current legal system is not only radically disempowering, putting many at the mercy of the courts, it is destroying lives. What's even more frustrating for Jones is how many people don't know the consequences of going through our current legal system in search of creating a viable settlement.
So many would-be clients of divorce attorneys do not have a clue about how divorce proceedings work in their state. Complex laws-including state property laws and federal tax laws, plus numerous interpretations of those laws-can make deciding who gets what an overwhelming undertaking, especially if you and your spouse have managed to amass a considerable amount of assets.
If you and your spouse can work together to resolve these issues, your divorce can be relatively quick and inexpensive. However, if you can't resolve it between the two of you, or if your divorce has complicating factors (your marital property or debt is substantial, for example) ending your marriage can take time and money. In a worst-case scenario, you must look to the courts for guidance, something that's as expensive as it is unavailable.
The "cost" of divorce is hard to measure even if one keeps their focus entirely on money. Certainly, the result of most settlements-unless you're married to Donald Trump or Tiger Woods-has left more ex-wives than ex-husbands financially challenged. Too, the older your age, if it's been a while since you've worked, can make earning a viable income unlikely. Therefore, getting an adequate amount of spousal support, (formerly called "alimony"), for a long enough period of time is essential to maintaining an acceptable post-divorce lifestyle. However, if your divorce is rancorous, your spouse may fight against paying you the amount you think you need or go after you via character assassination to avoid meeting what you consider to be their financial obligation.
Time management and mental health concerns are also important factors to attend to when filing for a divorce. Again, Jones sees the present legal system as monstrously inadequate. When we look to it for help, it's more like playing Russian roulette with your (and, if relevant, your children's) future. Among other factors, local norms and cultural values can enslave you to the will and whimsy of the courts. A judge in a socially-conservative part of any state may decide the same issue-alimony or which parent gets custody, for example-quite differently than a judge in a more progressive part of that same state. You can appeal a judge's decision, of course, but appeals are rarely won. Moreover, appealing means spending more money, time and mental-health on an attorney and then, if you win your appeal, you'll spend even more money on a new trial (the timing of which is as predictable as a wild monkey).
Wading through the swamp of the legal system on one's own becomes less and less desirable. There's no doubt that people need experienced guidance. Jones offers her readers exactly this kind of help. She shares not only useful information on collaborative divorce but also on the current practices inside family divorce law. As such, through writing exercises and useful summaries in each chapter, she helps readers decide which way they may want to go.
Jones lets the reader know that while one may resolve legal, property and financial issues via pursuing a divorce through the court system, she warns that the same law will not resolve the anger, guilt, fear, or sadness each person may feel. Jones says, "Don't look to the legal system to do that for you. You'll be left feeling disappointed and frustrated when your divorce is over."
Marcy Jones, with great sincerity, broad experience and emotional intelligence, wants her readers to be informed and "at choice," as they say in the life-coaching world (something for which Jones has also received certification). One of her favorite slogans Jones uses more than a few times in her book is "Knowledge is Power." There is no doubt that Graceful Divorce Solutions is equal to several empowering consultations with a wise divorce coach, family counselor and one who knows the "ins and outs" of the current legal system. Jones gives divorcing couples, and those who care about creating a peaceful end to their marriage, practical support that they will not get anywhere else, certainly not for free.
Graceful Divorce Solutions will enable any spouse to bypass the truly awful, adversarial process of the courts and find a collaborative result that will surely leave each member part of a humane, compassionate and viable future.
Jennifer Manlowe, PhD is an author of several books in the fields of psychology, gender, health and spirituality and is also a Certified Publishing Coach (CPC) with over 20 years of experience helping people "go public" with their writing. Manlowe compares what she does to a book-publishing midwife: "I believe everyone has a book inside them. What brings me the most joy is helping you bring out that baby and share it with the world. I believe that together we can launch your best ideas alongside your heart's desires via writing from the inside out!" To order any one of Manlowe's seven books, click HERE.
1. Corporate governance is concerned with the separation of ownership and control that results when a company is publicly listed and, therefore, has too many owners who cannot all control the company at once, and as such, they hire professional managers to do so. It has been defined, thus: "The system through which those involved in the company's management are held accountable for their performance, with the aim of ensuring that they adhere to the company's proper objectives".
It is generally accepted that the law plays a key role in corporate governance particularly in the provision of shareholder protection and the reduction of expropriation that is the result of the separation of ownership and control. However, on the importance of role of criminal law in enforcing good corporate governance there are more than one view. Effectiveness of criminal sanctions in deterring corporate governance violations.
2. In order to deter certain undesirable conduct, the criminal law has traditionally employed such sanctions as imprisonment, fines, and the stigma of criminality. While the effectiveness of these sanctions in criminal law generally has been debated, it has been persuasively argued that they can effectively deter corporate crime. Since corporations are primarily profit seeking institutions, they choose to violate the law only if it appears profitable. Profit maximising decisions are carefully based upon the probability and amount of potential profit, so a corporate decision to violate the criminal law would generally include a calculation of the likelihood of prosecution and the probable severity of any punishment. Making these costs sufficiently high should eliminate the potential benefit of illegal corporate activity and, hence, any incentive to undertake such activity.
2.1 Improper corporate conduct could be deterred by applying criminal sanctions either to the corporation itself or to its officers and employees. A corporation cannot, of course, be imprisoned but there may be stigma of criminal label attached to it. Such stigma could influence corporate behaviour if it led to diminished profits.
2.2 A system of fines imposed on corporations should also adequately deter illegal corporate activity as long as the fines are large enough to force the corporation to disgorge all benefit gained from illicit conduct.
2.3 It is possible to deter corporate misbehaviour by applying criminal sanctions to individuals in the organisation. Since businessmen fear the stigma of criminality for both personal and economic reasons, such penalties might be effective deterrents. Indeed, the fear of criminal indictment or investigation, even in the absence of conviction, may effectively deter corporate officials.
2.4 Corporate civil sanctions and even individual civil fines will be inadequate when an individual is motivated to violate the law by reasons other than corporate benefit. He may seek, for example, to enhance his position within the corporation or even to use his position to violate a law which he believes is unjust. Thus, any additional deterrence which is needed to supplement a system of civil fines could only be obtained by imposing criminal sanctions on such blameworthy behaviour by individuals.
2.5 Criminal law also empowers other law abiding individuals - whether the Board of directors, senior management, or other professionals - to stand up to less well intentioned colleagues or, at a minimum, to resist going along with misconduct.
2.6 The survival and long-term profitability of corporations is no longer a private interest which merely affects those who deal with the corporation at a primary level, for instance investors, but also a public interest affecting the welfare of stakeholders such as employees to whom it provides jobs and pensions. The Government, therefore, has a responsibility to ensure that employees as well as other stakeholders of the corporation are protected from the fraudulent acts of managers who do not act in the best interests of the company. The success of the corporation is, therefore, a public interest that, to a certain degree, ought to be protected through State regulation.
2.7 Research has confirmed that criminal sanctions are the only mechanism that can protect investors from large scale fraud or theft. Every country uses harsh criminal punishments to deal with cases like Enron and Parmalat. This suggests that criminal punishment is a generally accepted way of protecting shareholders from expropriation and risk-taking in corporate governance. Dangers in the application of criminal sanctions
3. Some commentators have expressed doubts about the effectiveness of criminal sanctions for violation of good corporate governance. They believe that the criminal sanctions to corporations and individuals are ineffective deterrents to violations of good corporate governance norms.
3.1 The use of criminal sanctions to regulate business activities is generally perceived as being an over-reaction that is likely to discourage directors from taking the risk that is necessary to run a business, thereby slowing down economic growth and interfering with profitability.
3.2 The use of criminal sanctions is an expensive way of enforcing regulation, which has a high burden of proof and as such is prohibitive to those seeking remedies for expropriation, as shareholders are required to demonstrate the director's culpability.
3.3 Criminal sanctions cannot provide restitution to shareholders and employees who have lost their jobs.
3.4 The difficulty in pinpointing responsible persons in the corporate structure lessens the likelihood that a businessman will in fact be convicted of criminal activity. Thus, corporate crime may not be adequately deterred by criminal sanctions designed for individuals.
3.5 The criminal law is being used to regulate behaviour that is not in and of itself morally blameworthy and in some cases imposes sanctions in the absence of fault. The use of criminal sanctions for purely regulatory purposes represents a severe departure from the traditional aims of the criminal law-deterrence and retribution.
3.6 The type of activity which results in criminal liability in the corporate setting is different from other criminal activity; the primary concern is often with the supervisors and managers rather than with the direct actors. Thus, corporate officials may be held liable for acquiescing in, or for recklessly or negligently tolerating, the illegal activity of subordinates.
3.7 Criminal sanctions are imposed on a corporation, an artificial entity which can possess no state of mind, in the absence of some theory which ascribes fault to the corporation itself, rather than only to its officers, directors, and employees, the concept of mens area in criminal law is itself challenged. Conclusion
4. Given the range of policy issues raised by corporate governance, and variety of industries and firms involved, government decision makers will need to understand thoroughly the effects that different regulatory actions can have. There are arguments both in favour and against the use of criminal sanctions to be imposed against the violators of corporate governance norms. As per the existing laws of our country there are various provisions fixing the criminal liability of the wrongdoers in cases of fraud and misconduct, etc. Indian Penal Code affixes penal liability for any fraud or breach of trust committed by the companies and even various individual sections of the Companies Act impose penalties for violations of certain norms which are part of good corporate governance.
But these provisions have merely remained on paper and their implementation has often remained a big headache for the government. However, scandals and scams such as Satyam's case have been a reality even in the present times. Even though section 23E of the Securities Contracts (Regulation) Act, 1956 imposes penal liability on the company for any violation of the condition of listing agreement, which includes clause 49 of the Listing Agreement and relates to corporate governance, but the fact remains that such liability is imposed on the company itself which directly affects the stakeholders in the company and are in fact the real victims of violation of good governance.
Sanjay Mathur has written article in Corporate Law Adviser journal recommends a unified code to impose strict penal and civil liabilities on such violators so that such incidents are not repeated in future and implementation of such penalties does not remain a distant dream only.
At Fair Rate Funding, we are frequently asked whether we run credit checks in connection with the funding process. The answer to this question is "no". However, other "checks" are routinely used by lawsuit loan companies to help in their underwriting. This post will discuss this topic in a little more detail.
Credit Checks
Credit checks are utilized by lenders to assess the likelihood a loan will be repaid and the terms of the loan followed. A lawsuit funding transaction is not technically a loan because in the event the lawsuit is unsuccessful, the cash advance does not need to be repaid. Instead, the funder purchases a portion of the the proceeds of the case, if any. Because of this, the creditworthiness of the applicant is a non-issue and the credit score not usually a factor in the underwriting process. However, the applicant's background may be an issue and must be factored into the decision to fund a particular case.
Background Checks
When a case is submitted for lawsuit cash advance funding, the underwriter must assess all pertinent facts. Since the lawsuit loan is not repaid unless the case is ultimately successful, lawsuit funding underwriters face a difficult challenge because they must base their decision on a limited amount of information. In fact, thousands of cases are funded each week based on a few pieces of paper (e.g. police report, insurance information, and medical records) and a phone call to the attorney's office.
What little information the underwriter does have must be used to the fullest extent. One piece of information is the applicant's background.
Pre-settlement loan companies normally utilize background checks only after a case is approved for funding. Normally, the lawsuit funding outfit wants to see if there are other potential lien holders which would be in a priority position on the case. Examples might include Federal Tax Liens or Child Support Obligations.
In some instances however, a background check can be used as part of the approval process. For example, if a case is approved but the applicant's background check shows a history of fraud, underwriters would seriously consider this fact when deciding to offer a cash advance. At worst, the applicant could be perpetrating a fraud. At best, his past transgressions go to his credibility as a truthful witness in the case.
Most often, background checks simply show minor criminal offenses and/or civil judgments. In the vast majority of circumstances, background checks do not disqualify a case from funding. However, as stated above, the presence of Federal Tax Liens or Child Support Obligations can throw a wrench in the lawsuit funding process.
When theses situations arise, all hope is not lost as there may be steps to rectify the situation. For example, simply because a tax lien or other priority judgment is listed on the background report, does not necessarily mean there is still a valid lien. Frequently, obligations such as these are current or otherwise satisfied but not updated on the background check. In other instances, a common name may yield many liens on a background search, but only after more investigation can the lien be verified or deemed an error.
As previously stated, lawsuit funding companies utilize many tools to more accurately asses the risks associated with advancing cash against the future proceeds of a pending lawsuit. Although the credit scores of applicants are usually of no real importance, background checks do play a role in the underwriting process.
Thank you for your interest in the pre-settlement loan business.
Law School Confidential has built up a formidable reputation since its publication as a must read book for every aspiring or current law student. If you ask an actual law student, you will find that most, if not all, have a copy of this book sitting in their book library.
The book is more than just a guide to law schools in the United States; it is a veritable tome of inside information on choosing, getting in, and excelling at the best school. Along with the usual information contained in virtually every guide book out there, this book will tell you the inside secrets of a law school - from the 1L exams, to study and research techniques which only actual law students would know.
The greatest strength of Law School Confidential has to be its conversational style. Rather than talking at you, it talks to you - an asset rarely found in a law book, which have a tendency to become loaded with legal jargon. This book isn't filled with fluffy nonsense; every chapter, word, and letter is included on its own merit.
Where it fails is that it can come across as quite preachy to someone who knows the insides of a law school well. The study tips, for instance, while useful, are hardly anything you wouldn't have picked up in your undergraduate years. Thankfully, such low quality content is very rare in the book.
If you are seriously planning to study law, then this book is a definite buy. Period.
Get a great, in depth review of the Law School Confidential and learn about the best LSAT prep books essential to your library at JDJungle.com
JDJungle.com is an online law blog covering law books, law school admissions, and law jobs.
The use of a law school admissions calculator is not totally fool proof. No scientific mathematical equation can take into account the human factor of an administrator, but these calculators have proven to be right 95% of the time.
The calculation only takes into account your LSAT score and your GPA. No other factors can be or will be figured in. When these two numbers are entered, a list of schools that are approved by the American Bar Association will appear.
There are different calculators available on the web with different ways of representing there results. Most will show you where you stand against those already enrolled at any particular school. They can be illustrated by charts or in numerical form. If you do not like the results of one, then try another one.
Tests have been conducted with the numbers that were imputed and for some reason each sites results varied slightly. With the figures 170 for the LSAT and the GPA at 3.75, you could be for sure accepted according to one calculator while others show just a good chance.
For this reason, do not get discouraged if the calculator does not give you the result you wish for. Try more than one and average all the results. Most of all, remember this is only 95% accurate. If you are close to being on the bubble, your personal statement along with your letters of recommendation could still help you get accepted.
The law school admissions calculator is only a guess, but a good guesstimate if you will be accepted to the law school of your choice.
Understanding various law school requirements can make the difference between getting into the law school of your dreams and sitting on the sidelines. For more information about how you can make it into law school, visit http://www.lawschoolrequirements.org/ today.
