this is just plain stupid, enforce the law, it is the only hope that a nation has if you fail to do that you will not only be out of a job but you will be out of a country in which to live as well.

Pastors, community activists and immigrant rights groups are trying to mitigate fears caused by a new Arizona law that forces state employees to report undocumented immigrants asking for federal and state benefits.

Last Wednesday, the Arizona Supreme Court dismissed a lawsuit asking for a stay on the law’s implementation filed by the Arizona League of Cities and Towns. The suit questioned the way the law was created. In the next two weeks, the association will decide whether or not to file the challenge again in a lower court..

But another court challenge might be in the works..

“MALDEF (the Mexican American Legal Defense and Education Fund) and I are ready to file a lawsuit in the event there’s a denial of benefits that shouldn’t have been denied, or a prosecution of an employee who shouldn’t have been prosecuted,” said civil rights attorney Daniel Ortega..

HB 2008 took effect Nov. 24 and requires state employees to file a report with immigration authorities when they find out someone applying for a benefit is in the country illegally. Employees could face up to four months in prison for failure to report..

“We’re going to continue enforcing state and federal law like we’ve been doing,” said Department of Economic Security (DES) spokesperson Steve Meissner. “Failure to produce documents is not admission that you’re in the country illegally.”.

DES administers several of the benefits impacted including food stamps and health care insurance. While Meissner said the new law doesn’t change much, applicants will now have to sign a sworn statement that the documents they provide are true..

If applicants say that they are in the country illegally or provide evidence to that effect, state employee will have to file a report with the Office of Customs and Immigration Enforcement (ICE)..

Other agencies like the Arizona Department of Administration have asked for a legal opinion on the matter from the Attorney General’s office. .

The new law, however, does not affect access to emergency health care, police or firefighters. .

Carlos Galindo, host of a Spanish radio show on Radio KASA, is using his talk show to provide accurate information about the new requirements. .

“We’re going to educate people, because they need to know they have rights,” said Galindo. He is trying to send a clear message that U.S. children are entitled to benefits regardless of the status of their parents; and people can still apply for their U.S. children without having to reveal anything about their own immigration status..

Magdalena Schwartz, a pastor at the Disciples of the Kingdom Free United Methodist church, says she has been receiving non-stop calls from immigrant families who are afraid to take their children to doctor’s appointments. She worries that the policy will have the greatest impact on American children, whose parents are afraid to apply for basic things like health care insurance, food stamps or even immunizations for fear of being reported to ICE..

“We are trying to help people by giving them the right information so their children are safe,” said Schwartz. .

Among them is Jazmin, a 24-year-old undocumented woman who is afraid of taking her one-year-old to the doctor. Jazmin, a victim of domestic violence, is also trying to apply for a special visa to adjust her status but feels trapped..

“This benefits are not for me, they are for my children,” said Jazmin, who was able to get help from a local church..

Meanwhile, supporters of the new law are skeptical of claims that it is creating unnecessary fear among immigrants..

“I don’t believe that rhetoric. That’s what they always said,” says Valerie Roller, a member of Riders U.S.A., a local organization that opposes the legalization of undocumented immigrants. “But the emergency rooms empty for a while and they’re filled again,” said Roller, who does not believe the U.S.-born children of undocumented immigrants should be entitled to citizenship..

Supporters of the bill argue it follows the will of Arizona voters who in 2004 approved Proposition 200, aimed at denying public benefits to undocumented immigrants. The impact of that initiative was limited to five programs by an Attorney General’s decision..

“Nothing changed, this is what the voters wanted,” Republican Rep. Steve Montenegro said. “We’re going through difficult economic moments in Arizona. We’re having to cut from so many different areas. It’s only correct to make sure that people that apply and receive benefits are qualified to do so,” he said..

Montenegro says he has looked into concerns that the new law may affect the undocumented parents of U.S. citizens..

“It is not aimed to affect the parent if they are applying for the child, unless the parent is aiming to receive the benefit,” said the representative who voted in favor of the law.

Legal Opinions: The Impact of the Tribar Committee’s New Report on Legal Opinion Practice

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.

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.

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.

Drafting Legal Opinion Letters

‘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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Legal Opinion Letters: A Comprehensive Guide to Opinion Letter Practice, Third Edition

Product Description
Legal Opinion Letters Formbook is an invaluable resource when you need to render a legal opinion letter on topics from commercial transactions to real estate lending, intellectual property to insurance coverage, securities law to corporate status, and much more. This one-volume guide provides you with: – More than 60 comprehensive illustrative forms prepared by leading experts in their respective fields – Chapters written by 22 noted experts – Clear ex… More >>

Legal Opinion Letters Formbook, Second Edition