Making the most of your research time.

Is it possible with all the stuff that you get with google, well the answer is yet, it is possible.

By: Todd Spodek, Esq.: Google has recently launched Google Scholar, which is an amazing free resource for both lawyers and non-lawyers to research the law. Everyone can now read the full legal opinions of U.S. State, Federal and Appellate cases.

These cases can be searched by the case name, or topic. Further, one can now easily see how a legal opinion has influenced other Judges by reviewing the citing page, and related cases page.

For example if you wanted to read the famous NY Court of Appeals Case People v. Huntley which allows a defendant to challenge the voluntariness and lawful nature of any statement made to the police you could easily do that.

This is an important case to know about because if a defendant requests a Huntley hearing, and is successful at the hearing, any incriminating statements made will be precluded from trial. The hearing Judge will consider the following factors to determine if the statements were voluntary:

* Whether the defendant was in custody at the time of the statement. If so, whether the defendant waives hid Miranda rights.
* Whether the police used unfair coercion or violence
* Whether the police made promises to the defendant
* Whether the defendant mad ethe statement on his own free will
* Whether the statements were obtained as a result of an illegal arrest

The Judge must find that voluntariness beyond a reasonable doubt before the confession can be submitted to the trial jury.

Here’s how to use Google Scholar:

1. Start at Google Scholar
2. Click Google Advanced Scholar Search on the right side of the search box
3. Type Huntley into the “with all of the words” search box
4. Scroll down to Legal Opinions and Journals, Search only Court opinions from the following states, and check New York
5. Click Search Scholar
6. Once you pull up the case, if you click on the “How Cited” link you can see 1) How this document has been cited and 2) Related documents.

This is probably the worst advice you could ever get, but it is here to remind you that even bad articles can get posted at many websites online, read it at your own risk.

Almost everyone at some point in our lives would require the services of a lawyer. For some, the requirement might be as basic as having someone to give legal advice before transferring or buying a property, creating a will or getting a legal opinion before commencing with a business deal. For some unfortunate ones, the requirements are more complex like getting a divorce lawyer, a criminal lawyer or getting the best possible lawyer before proceeding to take legal action against a company or an individual.

Whatever may be the requirement, one thing that almost all of us would unanimously agree is that searching for the right lawyer can be a real pain. In fact for most people just the thought of soliciting the services of a lawyer is enough to give them sleepless nights and most just don’t know where to begin or how to go about contacting various lawyers and choosing the best one for their requirements or unique situation.

If you are one of those individuals as well who just don’t know what to do in order to search for the best lawyers, then welcome to the world of web 2.0. The internet has already changed a lot of things in our lives like the way we communicate, the way we shop, the way we research about a particular subject etc. But now the next wave of internet websites, popularly known as web 2.0, are changing things even further and one of those is how we look at law, understand legal situations and best of all, how we solicit the services of a lawyer.

Legal networking sites have made the general public much more comfortable with all aspect of the law and made them realize the law is there to help them and is nothing to be scared of. One of the great features of these sites is normal users can register for free and post their problems or grievances and not only can they get advice from fellow users, they can get accurate legal advice from real lawyers who are registered users of these websites. You can even have lawyers who specialize in the field in which you have a problem contacting you and offering their services.

You can find lawyers of absolutely any specialization in these sites from personal injury lawyers to divorce lawyers, criminal lawyers, business lawyers, lawyers specializing in real estate, insurance, immigration, employment etc. The list is absolutely endless and you can not only have lawyers contact you, but the websites actually list the lawyer’s entire details like their specialization, distance from your postal code to their office and their exact location. Apart from this, any user can access the lawyer’s entire profile which has detailed information on their practice, experience and traditional resume.

Never before has interacting with a lawyer of your choice been so easy. Even those who have never interacted with a lawyer before are finding it really simple to now get expert legal advice and judging by the growth of these legal networking sites, it can be clearly seen how comfortable everyone has become with legal issues using web 2.0.

Wow this is almost like a license to cheat, but could it also be a blueprint for someone to fight back…

What exactly is Asset Protection and how do you determine if someone can benefit from it? Asset Protection is really a multidisciplinary approach to strategic planning methods including: Lawsuit Protection, Estate Planning, Privacy Protection, Tax Reduction and Financial Strategies which maximize investment returns while minimizing risk through diversification and asset allocation. Combining all strategies under one roof, so to speak, really helps clients achieve their objectives without consulting several specialists. When clients visit an attorney for a legal opinion or, CPA for a tax opinion and a Financial Advisor for a financial opinion, they sometimes get conflicting information and become thoroughly confused. Not only that, but they probably get three separate invoices in the mail for their time.

Q: Could you be more specific as to what you do for clients and who would need this type of protection?

A: I typically use traditional entities but I add customized unique asset protection attributes. I integrate these entities into a comprehensive strategic plan where each entity serves a special purpose. The basic building blocks includes: Limited Partnerships, Limited Liability Companies, C-Corporations, S-Corporations, Revocable and Irrevocable Trust, Encumbrances, Powers of Appointment and specially drafted contracts and agreements.

Q: You hear so much about IRS these days. Are these strategies legal?

A: Yes, all the entities I create have Tax ID Numbers and are set up in compliance with all Federal and State laws. That is why it is so important to have a CPA involved. There are too many people without the requisite tax background trying to do this type of work. It’s a shame to see a plan fail due to poor tax planning and advice.

Q: Marriage and divorce are important events in people’s lives. Do you recommend any special considerations for clients considering either?

A: Prior to marriage we recommend a Prenuptial Agreement prepared with special asset protection features. During marriage we use a Postnuptial Agreement with detailed provisions protecting wealth. Under California law, we can create legally binding documents that protects both assets and income.

Also, separate property trusts and business structures and contractual arrangements can legally shield Hard Earned Wealth from Unreasonable Divorce Settlements. Of course timing is critical. The earlier we see the client the more effective the plan will be.

Q: How does the new tax law impact your planning strategies?

A: Very much so, Dividend and capital gain rates have been reduced to 15% and ordinary income is still taxed at over 35%. Our planning strategies have been uniquely customized to permit the maximum tax reduction under the new law. At the same time we continue to use traditional tax savings methods such as pension plans and deferred exchanges to further reduces taxable income. This new law others a limited opportunity to take advantage of these tax breaks. Preplanning is still very important for each client we look for possible restructuring of their legal entities and their asset holding and their liquid asset portfolio.

Q: A lot of people wait to the last minutes to do any type of planning. When is the best time to set up your asset protection plan?

A: The earlier the better. The best time to prepare an asset protection plan is prior to any lawsuits or potential claims. Asset protection is like a chain, only as strong as the individual links. Inadequate plans can be overturned and disregarded. If there is a problem lurking, only the most capable and competent Attorney/CPA should be contacted.

Q: Is Asset Protection expensive?

A: Asset Protection is not only for the super wealthy. A very basic asset protection plan can be set up for as little as $1,500 to $4,000. More complex structures can cost $5,000 to $10,000 and up. We try to keep annual costs very low. Some states charge only $50 per year to maintain an entity. Most clients end up saving many times the initial fee the first year. Also future tax benefits and investment returns will usually pay for the plan many times over.

Make sure that they know you are serious, did you know that the first step to getting a settlement is right in this book?

Drafting Legal Opinion Letters

A newly updated website thailandlawonline provides access to Thai legal information and online legal service for common legal matters in Thai and English. The online legal service by Thailand Law Online is not an automated document service, but an online service by a traditional lawyers, and is staffed by qualified licensed lawyers who are members of the Law Society of Thailand and who have the necessary knowledge and experience to deliver reliable customized legal documents and professional legal advice. Thailand Law Online offers an alternative to traditional legal services in Thailand.

‘Expatriates are often told that laws in Thailand are complex and on the Thai national’s side, the contrary is true. Thai law is clear and straightforward and does not treat foreigners differently than Thai nationals. Mistakes are often made by foreigners because they are not familiar with specific of Thai law and have not obtained essential legal advice from an independent lawyer in an early stage. With our online service foreigners have direct access to Thai legal information and online legal advice and we can explain them fast and easy their rights and duties under Thai law and supply legal document required’. Sarawut Kaewkert (managing partner of Siam Expat Law).

Whether legal advice is being sought for real estate, business or family matters in Thailand, Thailand Law Online offers pre-paid low cost high quality Thai contracts and legal services. Thai contracts and agreeement come in Thai and English with free email and phone support and are delivered by registered mail, in a word processing document or as a pdf file. There is also a range of articles in English covering topics on legal issues for foreigners in Thailand.

The Thailand Law Online web site is easy to use and there is no need to sign-up, can be used anonymous, as a source for a second legal opinion or simply to obtain quick and easy Thai English documents or legal advice. Save on lawyer fees, save on travel time. For more detailed information users should visit www.thailandlawonline.com

Thailand Law Online is founded by Sarawut Kaewkert (LL.B) and Robert Spelde (LL.M), providing online legal services since 2007, and is a service by Siam Expat Law Co., ltd

Legal Opinion Letters Formbook 2nd ed

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An interesting book, certainly, and as it says invaluable, take a good look.

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Legal Opinion Letters Formbook, Second Edition

Now this is just plain, wrong, but the world is different even in the usa, right?

Pensions are an important portion of our assets. Commonly when couples register for a divorce, pensions are not included in the total assets. Pension can be a important portion of any person’s overall income but most people forget to include it while calculating the assets.

This debate has been running for long and couples have always been confused whether pension should be counted in the overall assets while filing a divorce. This looks to be a tough subject to many and you will find more of your questions answered here once you have read more.

The asset division in every divorce case may be different and it depends upon many factors. If you believe that it is the same in every legal case, then you may be wrong. There are a few regulations but then the final settlement may not be identical for different couples.

The pension divorce calculators can be employed to have an idea about how the pension must be divided among the two. It is then up to the court to make a decision on the final agreement about how the pension and other assets will be split.

Such a situation may at best be averted and you must make an arrangement yourself after taking the suggestions of your attorney.

In divorce cases, conflicts related to pensions may get complicated. So there is a requirement for a attorney to chip in to make an arrangement that is good for both the parties. As the couple can not reach an arrangement on their own, it is necessary to take help of an expert divorce and pension attorney.

You may finally decide on something that is suitable to you and your lawyer can aid you in every way to suggest something as per the pension divorce calculator.

In many cases, the wife does not demand the husband’s pension. But if she has done her homework and the lawyer is ready to ask for it, then she may get successful.

Porsche AG’s decision on raising its stakes in Volkswagen AG, Europe’s largest carmaker and brand of popular auto parts like Volkswagen head gasket, will depend on the advisory opinion that will be released next week by the European Union’s highest court. The opinion on the legality of the so-called Volkswagen law which protects the automaker from possible takeovers and limits the voting rights of shareholders to 20% regardless of the size of their stake will be published on February 13, 2007.

The European Court of Justice in Luxembourg which in most cases follows its advocates-generals’ advice is expected to rule in the next six months. Porsche, which is to date the largest shareholder in Volkswagen with 27.4% stake and soon to increase to 29.9% upon the approval of the board, would like to be given more privileges especially with regards to Volkswagen’s management.

In the year 1960 there was a decision passed against the so-called Volkswagen’s law which would have given Porsche the decisive vote in Volkswagen’s management decision and signals a possible takeover move by the automaker stated Stephen Pope, the head of equity research at Cantor Fitzgerald Europe in London. He also added, “The time has now come where Volkswagen law has to be curtailed in line with 21st century market economics. Porsche is on the cusp of where it has 30% and this will clear the way toward a full acquisition.”

Lower-Saxony is where Wolfsburg-based Volkswagen and four of its factories are based and the automaker’s second largest shareholder with a stake of about 20%. The Volkswagen law allows any investor with a 20% stake veto powers over major decisions such as those that concerns factory closing and capital increases.

It should be noted that during the December 12, 2006 hearing, the European Commission, EU’s Brussels-based regulator in a court hearing, restricts the free movement of capital, comparing the law to special holdings, or “golden shares” that some countries hold in former state monopolies. The court has agreed with the regulator in such cases in the past and even forced countries like France, UK and Spain to give up these powers.

Last year the German government told the EU court that the law just can’t be labeled discriminatory simply because an investor is given a limited 20% minority right. The supervisory board of Porsche maker of the remarkable 911 Carrera, has approved increasing its stake in Volkswagen to 29.9% as of last November 15, 2006. A month after, Porsche CEO Wendelin Wiedeking has told reporters that there were no immediate plans for a complete takeover of Volkswagen but its not ruling out the possibility of an eventual offer.

Porsche wants the Volkswagen Law overturned since it gives the government a significant influence on the management of Europe’s largest automaker and hinders the shareholder’s own voting power to reflect its stakes. And according to Porsche Spokesman Frank Gaube, “The Volkswagen law is an anachronism.” The case is C-112/05 Commission v Germany.