However, in the legal sphere, the term is in the real standard use in the area of law known as the real estate law – the law applies to all the various matters relating to the entire property market.
The value of a particular property market itself is really vast whether it is any country of the world. Across the developed countries in the year 2002, The Economist estimated that the market to be worth $68billion therefore also valuing it at 17% more than the total financial assets of these particular countries. What’s more, for the individuals or the companies which are involved in the market, property often amounts to their biggest single asset and in the case of the residential property, more pertinently and emotively, their home. The property law news surrounding the real estate is therefore often very complex and the stakes dealt with are excessively high.
As mentioned above, the real estate in a broad sense which equates to what we term as the property in everyday parlance. More specifically however, it actually refers to what is known as the immovable objects which are owned by a party as opposed to the moving objects that the party can take with them. In reality, this definition covers all the major objects such as the land, the buildings thereon and other various static objects which are particularly attached to the land like the building including the crops and other natural resources found on that land. Conversely the objects which are not very static come under the banner of the possessions.
In addition to the various physical elements of the property, the term also covers the various rights that come with the ownership of that particular land such as the right to access it, to mine it, to fish it etc. In some of the legal contexts, and particularly in the country of UK, the term can be very well supplanted with the term real property and instead the real estate can be used, for example under the probate law, more specifically to refer to a persons share in the property or the real property at the time of their death. Property law is therefore the area of law that particularly deals with these estates/properties, the immovable objects that are attached to them, any interests in them and the rights that come with them, although it can reach slightly outside of this brief when dealing with the various legal issues surrounding the portable homes such as the boats, caravans and the mobile homes. It also comes under the wider area of the law which is known as the property law, and it concerns the rights that people have two objects that belong to the people, and falls mostly under common law. Property law news published in various prominent mediums can be followed in order to keep a track of the latest updates and happenings.
Month: September 2018
GM Sued Under Lemon Law
While Toyota is definitely taking the brunt of recalls lately, other vehicle manufacturers have troubles of their own: GM is currently being sued over a 2009 Chevrolet. The owner of the Chevrolet claims he experienced repeated problems that caused him to fear for his safety.
This is not the first time GM has been sued for safety issues – in 2009 a wrongful death suit was filed against them for defective seat belts. 2009 also saw a recall of almost 1.5 million mid- and full-size Buick, Chevrolet, Oldsmobile and Pontiac vehicles because of an engine oil leak problem that could pose a fire risk.
This kind of defect in a vehicle is precisely what the lemon law is about. It protects consumers from the harm or loss caused by purchasing a defective vehicle. Who has what rights and what duties in lemon law matters? It seems clear. The consumer has the duty to present the vehicle to the manufacturer or its representative, the dealership, in order that they are able to diagnose the defect and repair it. Along with the duty, the consumer has a right to expect the dealership to repair the vehicle honestly and expeditiously.
What are the rights of the manufacturer? Simply put, they have the right to expect that the consumer will present their defective vehicle at an authorized dealer for repair in a timely manner, and that the consumer properly maintain the vehicle. The manufacturer should have no other expectation. They should not expect a consumer to perfectly describe the defect they are experiencing or any other limiting requirement.
Of the thousands of lemon law clients we have spoken with, it is extremely rare that a manufacturer makes a legitimate offer to buy back or replace a defective vehicle. In each of these cases no hint of awareness of their affirmative duty was present.
Not all manufacturers or dealerships are the same. Some, certainly not enough, really do have the consumers best interests at heart.
If however you find yourself with a defective vehicle and a manufacturer who is not ready to step up and replace or refund as they should, find yourself an experienced lemon law attorney. Do your homework. Look at their record. See what others who have used their services have to say.
Be certain they offer you a free case evaluation without delay. Never be afraid to ask hard questions. Its important and it can determine the outcome of your lemon law case.
About Norman Taylor & Associates
Norman Taylor & Associates has been assisting consumers since 1987. Our goal is to provide individuals who have the misfortune of purchasing a defective vehicle or goods, and who have recourse under the Lemon Law, with the highest quality legal representation. With a twenty-three year history of successful cases, Norman Taylor & Associates has established its reputation as a firm of consumer advocates that gets the job done. We represent California residents of Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties.
Tips for Choosing Criminal Law Solicitors
Sometimes you find yourself needing criminal law solicitors because of something you did, and sometimes you need them because of something someone else did. But no matter what the reason for needing a criminal law solicitor, there’s no reason to be hasty about which solicitor you choose. It’s important to take your time and secure the right representation so that your case has the greatest likelihood of turning out in your favour.
6 Tips to Help You in Choosing Criminal Law Solicitors
Recommendations and Reviews
Start by asking for recommendations from people you know and trust. There is no better place to start because you can trust the advice they give you. Anyone who has worked with a criminal law solicitor and had a good experience will be more than happy to tell you about it.
Appointments
Set up appointments with about two or three different solicitors so that you can meet them and explain what you need. They may be able to give you some ideas about what they would do to help you get out of the sticky situation you have landed in.
Solicitor’s Experience
You should also ask about each solicitor’s experience. Someone with years of experience obviously would be better representation than someone who is just out of law school. There is simply no substitute for raw experience, so try to find a solicitor who has courtroom experience as well because trying a case in a courtroom is different than other types of cases.
Quality
Also spend some time thinking about the kind of qualities that are important to you. You must be able to connect with the solicitor. If you can’t, then there is probably someone else who would do a better job. If you can’t make a connection, then the case will just be that much more difficult. This is also the time to decide whether the qualities you are looking for are more important than experience. Just prioritise the qualities you want and try to find a solicitor who meets as many of those qualities as you can find.
Management Positions
Find out about any awards or management positions the solicitors have held in their recent past. You can get an idea about what his or her colleagues think about them from this information. Also it’s a good idea to check and see which law organisations they belong to.
Cases
Try to find out how many cases the solicitor is working on at that time. It is recommended that lawyers handle not more than 100 cases at one time. If the solicitor is covering too many cases, then he or she will have less time to work on your case, so it’s important to try to get a gauge for how many cases they have at the moment.
Hiring criminal law solicitors is an important part of the process of fixing your problems. This isn’t the time to let just anyone handle your case. You should be vigilant when choosing a solicitor to represent you in such a serious situation.
Types of Law Firms in Denver
Denver is a city well equipped with attorneys from all sectors of law. In the Mile High City, you won’t run out of options when it comes to finding a lawyer who specializes in the area of law you need council in. Here are the most common law practices in Denver, Colorado:
1. Family Law. Divorces, child abuse cases, and other cases involving families and children. This is probably the most commonly sought out type of legal assistance and that is precisely why family law firms make up a good number of the law practices in Denver. Experience is key in family law cases as these can be very delicate situations that affect children. You need a Denver family law attorney who can get the job done without letting you down.
2. Personal Injury Law. This sector of law covers a wide range of cases including car accidents, pedestrian and bicycle accidents, medical malpractice, wrongful death, motorcycle accidents, and more. There is a great selection of Denver injury law firm offices to choose from based on the circumstances of your case. Always select a Denver personal injury law firm that has successfully handled your type of case before and has a good reputation in the Denver area. If it is a Denver accident law firm approved by Tom Martino, you can be certain it is a quality Denver personal injury law firm.
3. Criminal Law. Criminal cases can be tricky, but Denver is sure to provide you with a criminal lawyer who can best represent you regardless of which side of the case you are on. Look for one who has a decade or more of experience with criminal law as they probably would have encountered most of the common predicaments within that time and will be able to handle your case with a top level of skill.
4. Bankruptcy Law. This type of lawyer obviously assists in bankruptcy cases and helps you file the proper BK paperwork.
5. Bad Faith Insurance Law. Insurance companies are the leading cause of misconduct in relationships between policyholders and the insurance company. These lawyers help policyholders gain the leverage they need and deserve when trying to battle insurance companies in cases of wrongdoing and bad faith.
The legal world can be a whirlwind of confusion and intimidation. This guide to the types of lawyers in Denver is a place to start in your research of which type of law firm can best represent you. Sometimes, sectors of law can overlap such as the case with a Denver injury law firm and a Denver bad faith insurance lawyer.
Top 10 Law Office Billing Pitfalls – How You Can Avoid Them
Law firm billing and accounting requirements are inherently different from other service businesses. Even among legal practices, billing requirements can vary greatly from one area of practice to another.
Because time spent on billing and accounting is administrative and not billable, a law firm’s profitability depends on capturing all billable time and expenses, generating invoices in a timely manner and managing collection efforts proactively. Another highly important aspect that sets law firm billing apart from that of other businesses is that law firm billing and trust bookkeeping come under the purview of state ethics guidelines.
Law firms today cannot function without a legal billing software that fulfills the firm’s practice-specific billing needs and helps them avoid common billing pitfalls. The top ten most prevalent mistakes law firms make, when it comes to billing and accounting are:
Pitfall #10 Not Using Matter-Based Recordkeeping
Many service businesses perform multiple types of jobs for a customer and generate one invoice that covers everything. The same billing process does not work for law firms.
Matter based recordkeeping is unique to law firms. All transaction details must be kept at a matter level rather than client level. Law firms are usually required to keep each task (called “matter”) completely separate from other matters for the same client or other clients. For law firms, matter-based recordkeeping is critical because it allows them to produce proper records with ease for client billing inquires, billing disputes or state audits.
Pitfall #9 Not Accounting for Varied Types of Legal Matters
Accounting for retainers, time and expenses, etc. will vary depending upon the nature of the matter in question. Most law firms handle a variety of cases and use an assortment of client billing arrangements , such as hourly, retainer based hourly, fixed and contingency. A firm’s billing system must be able to handle all types of billing arrangements and the intricacies of each case.
Pitfall #8 Missing Flexibility in Setting Billing Rates
Professionals (or Timekeepers) at law firms are likely to have standard hourly rates for different tasks. An attorney billing software must be able to set Timekeeper rates accordingly, support discounted rates or a previous year’s rates for old matters, without much manual intervention.
Pitfall #7 Failure to Track and Allocate Disbursements
While law firms focus on capturing all billable hours, they often neglect to properly track and allocate expenses for billable matters. Expense tracking is just as important as time tracking. If you do not allocate expenses to a matter as expenses are incurred, you might never collect them. Matter expenses you forget to allocate are lost profits.
Expenses are typically paid in variety of ways (checks, credit cards and cash), adding another layer of difficulty. A trust account disbursement, however, is not an issue because the expense will come out of client funds.
Pitfall #6 Not Preparing Customized Professional Quality Bills & Reminders
The billing process is a direct reflection of your firm and is a vital part of your client communication. While law firms are conscious of providing top quality legal services, their high standards often fall short when it comes to client communications such as invoice and payment reminders. Not only is it important to generate invoices on a fixed billing cycle, but it also equally important to prepare professional quality invoices. Cluttered and hard to understand invoices are a recipe for late payments and client questions and are aspects of legal billing that become even more important when payments are in arrears.
Pitfall # 5 Not Utilizing Built-in Software Collection Support
Many law firms let unpaid bills pile up and end up with a collection problem. Take a proactive approach to debt collection rather than grappling with the issue after the fact. An efficient law office billing software will provide built-in collection support. Don’t wait for a billing cycle, if a matter’s unbilled balance has reached a low threshold point. Remember, bill collection is an on-going and vital practice management process.
Pitfall # 4 Not Checking for Client Conflict of Interest
For most law firms, conflict checking is a must. Your firm’s roster of clients is already available in your billing system. Instead of duplicating work, make every attempt to use the same system as a conflict checker. While developing a bulletproof conflict of interest system is challenging, development in today’s computer software makes it easy to build an integrated database that quickly identifies conflicts of interest.
Pitfall #3 Not Handling Client Advances Properly
Pitfall # 3 involves a host of potential problem areas. A law firm’s cash flow and profitability depend upon client advances (or retainers). However, from an accounting/bookkeeping perspective, client advances (retainers) need special treatment and must be handled carefully. The varied nature of client advances, an initial deposit to a trust and/or operating account, and reducing balances, as fees are earned, can significantly complicate your back office operation, if your billing system is not capable of processing retainer transactions systematically.
And, apart from itemizing legal fees and expenses, a legal time & billing software must always display remaining retainer balances on your client invoices.
Pitfall # 2 Loosing Track of Trust Funds
Every law firm endeavors to keep trust books clean and accurate, but most either fail or spend significant time and resources trying to do so. Ninety percent of the trust fund tracking battle is won, if your system provides integrated billing and trust bookkeeping . The trust bookkeeping portion of the system must prevent common trust errors (e.g. ledger card overdraft), provide a bank reconciliation tool and three-way reconciliation reports.
Pitfall # 1 Choosing Complex Software and Failure to Protect Data Integrity and Security
The most common and the most dangerous of all legal billing pitfalls include trying to cope with complex software, failure to protect data integrity and implement secure measures. Technological tools are more hindrance than help, if the tools are too complex to use. Software that isn’t user friendly and requires external consultants or trainers consumes valuable time and eats profits.
Data integrity and security are a matter of taking precautions to protect data from unauthorized access and use. You can minimize threats and easily avoid Pitfall #1, if your billing system has built-in features for controlling access to data, has checks in place for error detection and a regular data back-up function.
Reap the Benefits of Legal Billing Software Development
Computers and software have changed how companies everywhere do business. Technology today allows law firms and other businesses to compete with their larger counterparts on many levels.
Choose software with care and reap the benefits of technological developments in legal billing systems. Before you purchase legal billing software, analyze program features to ensure that the software’s design can help you avoid the ten common legal billing pitfalls. The right software will not only enhance your firm’s in-house capabilities and productivity, but will also help you comply with state ethics guidelines and increase profitability.