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Article from www.truewhisper.com/get/articles/legal/10-tips-for-finding-a great-attorney.htm by Paul Cashell

By MARGERY A. GIBBS
Associated Press Writer

OMAHA, Neb. (AP) _ When Danielle Nitzel found her three-year-old marriage drawing its last breath in 2004, she couldn't afford the minimum of $1,000 she was told she would need to hire a divorce lawyer.

So she did what more and more Americans are doing: She represented herself in court.

"I looked online and just tried to figure out how to write out the paperwork," said Nitzel, a nursing student who at the time had little money and a pile of education loans. "I think it cost us $100 to file it ourselves."

The number of people serving as their own lawyers is on the rise across the country, and the cases are no longer limited to uncontested divorces and small claims. Even people embroiled in child custody cases, potentially devastating lawsuits and bankruptcies are representing themselves, legal experts say.

"It's not just that poor people can't afford lawyers. This is really a middle-class phenomenon," said Sue Talia, a judge from Danville, Calif., and author of "Unbundling Your Divorce: How to Find a Lawyer to Help You Help Yourself."

The trend has resulted in court systems clogged with filings from people unfamiliar with legal procedure. Moreover, some of these pro se litigants, as they are known, are making mistakes with expensive and long-lasting consequences — perhaps confirming the old saying that he who represents himself has a fool for a client.

Paul Merritt, a district judge in Lancaster County, Neb., said he knows of cases in which parents lost custody disputes because they were too unfamiliar with such legal standards as burden of proof.

"There is a lot on the line when you have a custody case," Merritt said. "There are a lot of things that judges take into consideration in determining what's in the best interest of the child, and if you're a pro se litigant, the chances that you will know what those things are, and that you will present evidence of all those issues, are really small."

While the fees lawyers charge vary widely, the average hourly rate ranges from around $180 to $285 in the Midwest, and from $260 to more than $400 on the West Coast, according to legal consultant Altman Weil Inc.

Tim Eckley of the American Judicature Society in Des Moines, Iowa, said no national figures are kept on how many people represent themselves, "but I don't think anybody who's involved in the courts would deny that this is a growing trend in the last 10 to 15 years."

In California, about 80 percent represent themselves in civil family law cases — such as divorce, custody and domestic violence cases — according to the Self-Represented Litigation Network. In San Diego alone, the number of divorce filings involving at least one person not represented by a lawyer rose from 46 percent in 1992 to 77 percent in 2000.

In Nebraska in 2003, 13,295 people represented themselves in civil cases in state district courts. By 2007, the number had risen to 32,016, or 45 percent.

The result?

"Courts are absolutely inundated with people who do not understand the procedures," Talia said. "It is a disaster for high-volume courts, because an inordinate amount of their clerks' time is spent trying to make sure that the procedures are correctly followed."

Talia has traveled to nearly every state to speak to lawyers, judges and court workers about measures to handle the growing number of people representing themselves.

Many states offer self-help Web sites or desks at court offices that offer standard legal forms for such things as simple divorces. In some states, volunteer lawyers are made available to give legal advice to those who cannot afford an attorney.

The legal profession may not like the trend but realizes it is here to stay, and has gotten behind the effort. The American Bar Association is encouraging states to set up self-help desks and adopt standard forms.

Also, a majority of states have amended their attorney ethics rules to promote a growing practice known as "unbundling," in which a lawyer handles just part of a contract, lawsuit, divorce or other litigation for a small fee, rather than taking on the entire case.

The ethics rules have been changed to make it clear that lawyers can do this without being held responsible for the entire case. That can ease their fears of being sued for malpractice.

Nitzel, the nursing student, said court staffers helped point her in the right direction, but she also had a friend who happens to be a lawyer help in drafting her divorce papers.
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There's no substitue for good legal counsel, especially today. Legal situations and questions pop up without notice. Any one of them could become a serious problem. Pre-Paid Legal helps you prepay for the legal help you are likely to need most. Because when you're facing a legal problem, no other legal service plan today gives you more legal rights protection than a Pre-Paid Legal membership. See for yourself! Visit us on the web here and/or call Steve Simon @ (352)398-0135 today!

Keep what's best for employees top of mind

 By Yvonne Waterman, Nov. 1,2008

December 1, 2000: 12:57 p.m. ET

Many small-business owners buy insurance to keep legal costs down
By Jane Applegate

NEW YORK (CNNfn) - Did you know 52 percent of all Americans have some sort of legal problem? And that one of every three people will need legal advice in the next 12 months? With attorneys charging an average of $175, legal bills can eat into your profits. Even a small legal problem can drag down your morale and your business. That's why many small-business owners are signing up for prepaid legal insurance. One of the oldest providers of this benefit is Pre-Paid Legal Services Inc., based in Ada, Okla. The company sells coverage to both individuals and small businesses.

For a modest monthly fee, business owners and their employees can have access to experienced business attorneys. Their team of lawyers can review contracts, write debt collection letters, and deal with leases, partnerships, creditor harassment, and bankruptcy, among other problems. If you need additional services, you are given a 25 percent discount off their regular legal fees.

To get help, call the toll-free consultation line. A representative collects all the details and refers you to the right person in the firm. You'll usually get a call back by the end of the next business day, according to company officials.

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September 19, 2006

Although most identity theft cases in the United States involve credit cards and bank accounts, ID thieves are now engaging in medical fraud -- falsely obtaining medical care using someone's stolen identity -- according to today's Los Angeles Times.

After surgery on her shoulder last year, Lind Weaver, a 56-year-old retired schoolteacher, was billed for the amputation of her right foot. Refusing to pay the medical bill collectors, Weaver set about trying to prove that the surgery had obviously not been performed on her -- since her foot was intact -- which proved a more difficult task than recovering from simple credit card ID theft.

Experts say the rising costs of U.S. healthcare are driving medical identity fraud, and many victims are entirely unaware that their medical identity has been stolen unless they receive a hospital bill or an inquiry from their insurance provider. In addition to potentially damaging credit reports and affecting future job status -- since many Fortune 500 companies require access tomedical records when hiring or promoting -- medical identity theft can also cause fatal future hospital errors.

For example, Weaver suffered a heart attack in May, and when she awoke in the hospital two days later, a nurse asked her what drugs she was taking to treat her diabetes. Weaver did not suffer from diabetes -- though the woman who stole her identity did -- and diabetes patients receive different heart surgeries than patients without the disease.

However, even if health complications are avoided, medical identity fraud can lead to hellish legal ordeals. In the case of Salt Lake City resident Anndorie Sachs -- whose ID was stolen and used when the thief delivered a baby that tested positive for methamphetamine -- her four children were nearly taken from her by social workers, though she had not given birth for two years. Sachs' case was only resolved after she hired a lawyer and went to the local media. However, when Sachs was admitted to the hospital for a kidney infection last year, the hospital records indicated the wrong blood type, which could have resulted in a fatal error.

Victims of medical identity theft find that clearing their names can be even more difficult than those clearing a traditional credit card ID theft, largely because of laws designed to protect patients' medical records. Once a patient reveals to the hospital or doctor's office that their medical records are somehow tied to someone else's -- even though that person is an identity thief -- their records become much more difficult to access.

The U.S. House and Senate are currently working to pass bills that push wider use of electronic health records, which could potentially make it easier for medical identity theft victims to clear their names. Article from www.newstarget.com Dated 11/25/06.

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The Identity Theft Shield gives you easy access to the resources you need to understand your credit ratings...and to fight back if an identity thief threatens your financial standings. For more information, call your local Independent Associate, Stephen K. Simon, at (352)398-0135 or Toll Free at (877)481-3385.

It is virtually impossible to give a complete account of all the laws and loopholes that could affect the formation and operation of an emerging company. There are a number of legal issues, though, of which you should be aware. The most common types of laws that may apply to your business fall into several categories.

• Business Formation Laws. A variety of state laws govern what steps you need to take to properly form and operate the business entity — partnership, corporation, or limited liability company, etc. — you choose to form.

• Consumer Protection Laws. Many federal and state laws protect consumers from fraudulent business acts, misleading advertisements, and defective products. These laws also mandate various credit rules and disclosures.

• Contract Laws. A number of laws may affect the contents of your contracts. But many will purely be the subject of negotiations, so make sure you know the key issues when negotiating and preparing contracts.

• Hiring Laws. A fair number of laws regulate hiring. Pay particular attention to laws forbidding discrimination based on sex, race, religion, age, etc.

• Environmental Laws and Regulations. Many federal and state laws regulate emissions, asbestos, hazardous wastes, discharge of waste water and other items that affect the environment.

• Intellectual Property Laws. Intellectual property laws generally apply to copyright, patents, trademarks, and trade secrets. These laws protect your ideas and inventions, but they can also be used against you if you infringe upon another company's rights.

• License and Permit Laws. Many professions, businesses, and occupations require licenses or permits to operate properly.

• Employment Laws. A great number of laws deal with how you handle employees, workplace safety, and accommodations for the disabled. Many laws also limit when and how you can terminate employees.

• Securities Laws. A variety of federal and state securities laws govern offering or selling stock and other securities.

• Tax Laws. The myriad of federal, state, and local tax laws applicable to small businesses may be the most complicated and vexing legal issues you face.

• Zoning Laws. Local zoning ordinances may limit the uses of property you lease or buy. Zoning laws may also regulate parking, waste disposal, signage, and the type of business that you conduct on the premises.

Make sure to read up on more specifics related to legal and government issues for small businesses. Also, make sure to contact an attorney if you are dealing with important legal issues affecting your small business. Article from www.allbusiness.com Dated 10/21/04

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Every year thousands of families quietly face life altering decisions.  A family member becomes critically ill (perhaps even placed on life support) and unable to make his or her own medical decisions, then someone must make those decisions. Who should decide? What should they do?

One of the most high profile stories about a family facing these decisions was Terri Schaivo and her family.  You may recall, Schaivo was diagnosed with a terminal and irreversible condition, relying on life support machines to keep her alive.  Her family could not agree on how to handle her condition, and ultimately the case was taken to court.  This was a tragic situation for Terri and her family. However, going to court could have been avoided had Terri prepared a Living Will. 

It is possible to spare your loved ones the agony.  You can tell your family what your wishes are in advance with a simple legal document.  It’s not something any of us like to think about, but should you become critically ill, this document allows you to make your own decisions about care rather than placing that burden on a loved one. 

Prepare a Living Will BEFORE tragedy strikes. Pre-Paid Legal makes it possible for Pre-Paid Legal members to prepare a Living Will at no additional charge.

What is a Living Will? It has different names in different states. In some, it is called an Advanced Medical Directive or other similar names. In short, it is a document that allows you to indicate in writing what care you wish to receive if you have or develop a terminal condition, or if you fall into a persistent vegetative state and cannot make decisions. Every state allows such a document. It is a simple document to prepare and execute, but it can be vitally important to you and your family.

NOTE: Pre-Paid Legal offers a life events legal plan providing a wide array of services for our members. Don't delay...get protected today!