Archive for the ‘Legal’ Category
There is no doubt that social media has started to take over the online marketing landscape for most business types. However, lawyers have often asked the question whether or not they really need to be involved in marketing their businesses on Facebook and Twitter. The answer to this question is a resounding yes for many reasons.
First of all, Facebook currently has more than 500 million members. According to their statistics, at least half of their members log in to the site each and every day. When you think about that statistic, it’s staggering. To have such a captive audience available to you 24 hours a day, 7 days a week is unheard of in the marketing world. Imagine trying to get your message out to that many people using television ads or magazines. It could literally break the bank. Plus, social media allows you to form relationships and connections with people on a personal basis. Traditional advertising methods are one-way communication which does not allow you to engage the prospect.
Connect With The People
Sometimes lawyers are intimidating to your average person. People know that, in order to see an attorney, they’re going to have to pay an hourly fees to even get in the door. For social media savvy lawyers, these platforms can present a great way to make that first connection with someone who may need your services. By offering up free tips related to your legal niche, people can develop a trust for you that will make them want to set an appointment to meet with you.
Facebook and Twitter are both great ways for attorneys to generate leads. One way that you can do this is by offering free webinars related to the topic of your niche. For instance, if you are a bankruptcy attorney then you might want to give a free webinar about the different kinds of bankruptcy and what they mean to someone’s credit score. Think of the most common questions that you get and create some kind of a webinar or even a free report that you can give away to people to show your skills and professionalism.
Another way to you can utilize social media is by video marketing. Creating short videos answering common questions and then distributing them to video sites can get your name out there quickly. When people can see your face and hear your voice, they are much more likely to develop a bond with you. You can post these videos on your Facebook and Twitter accounts for even greater distribution across the Internet.
Business to Business Marketing With Facebook
If your type of law lends itself well to marketing to other businesses, you can certainly connect with business owners in a meaningful way on social media sites. Once you set yourself apart as an expert by using video, free reports and other methods to show your authority, businesses will seek you out for advice. If you have a website or blog, be sure to put Twitter and Facebook buttons on it so that people can share your content with others. When you get involved in social media, it’s important to give people an easy way to follow you or become your friend on Facebook.
Building relationships and putting yourself out there free of charge is a great way to develop rapport. If you want to compete in the online world, you have to give value to get leads. Everything in social media is about value. If people feel like you’re only there to do the hard sell, you aren’t going to get leads. Instead, you’ll turn people off.
Think of it this way: if you were going to a classy dinner party, would you walk in and start handing out your resume? Probably not. Social media is much the same. People are normally there to relax and interact with each other. They aren’t there to be sold to. However, if they see that you are a professional who knows their business inside and out, they will think of you first when they need your particular services. Plus, they will trust you because you have given value without asking for anything else in return.
Social Media Spans All Demographics
It’s important for lawyers to understand that social media is no longer just for kids. Although it started out as a way for people to reconnect with high school chums and talk about their lives, it has blossomed into a huge business building opportunity. The latest statistics show that 97% of people go online when they are looking for information on a new product or service. If you have been around Facebook or Twitter at all, you’ve probably seen people recommend different products and services to each other. Statistics show that 78% of people trust peer recommendations while only 14% of people trust advertisements.
When someone needs an attorney, chances are that they will go to a social media site asking for a referral. If you are there and interactive, you are likely to be the one that is referred. When people see that you are down-to-earth and not some stuffy lawyer who is too busy to interact, they will be much more open to meeting with you on a one-on-one basis. Again, because people are often intimidated by attorneys, social media can help you break down that barrier.
Reputation and Brand Development
Being involved on Facebook and Twitter is not only about generating leads but also about developing your reputation over time. In addition, it’s important to manage and defend your reputation on the Internet. Often, companies get complaints or attacks from competitors that can damage their online reputation. By being involved in the Internet community via social media, you are much more likely to be able to defend the reputation of yourself and your business. Remember that you are building a strong online presence, so your reputation will be very hard to tarnish. You will be setting yourself apart as an expert and authority in your niche. In fact, never has it been easier to create a brand around yourself than it is right now as social media literally puts you in front of your target audience each day.
?Overview
Depositions are part of the discovery process in state and federal court litigation. At the deposition questions about issues relevant to the lawsuit are asked of a person who may or may not have critical evidence important to the lawsuit. The testimony is sworn testimony. The one being deposed may be a party, a witness or an expert. The one taking the deposition (an attorney) and the one being deposed need to be well prepared.
Step 1
Understand what will be expected at the deposition. The one giving the sworn testimony will be given a specific time and place where the deposition will take place. The deposition is usually done in one of the attorney’s conference rooms. It is wise to arrive thirty minutes or an hour before the deposition to go over the testimony with your attorney. Take all documents requested by your attorney and all documents requested by the opposing attorney. Be prepared to give sworn testimony that can be used against you in court.
Step 2
Speak slowly and clearly. A court reporter will be present to record every word spoken by everyone in the room. You will be sitting next to your attorney and across from the opposing counsel. You want to make sure that you are not misquoted in the transcript. Specifically answer “yes” or “no” and do not volunteer information beyond what can effectively answer the question. An “uh-huh” can be interpreted as either a yes or a no. Do not guess at an answer. Feel free to say you are not sure.
Step 3
Familiarize yourself with all documents or records that you may be called upon to identify. Any company records, medical records or photographs to be discussed by you and admitted as exhibits in the deposition should already be in your possession and fully understood by you and your attorney. Feel free to ask for ample time to review any documents presented with which you are not familiar.
Step 4
Take time to consider your testimony. Remember that every word you say may very well be brought out by opposing counsel in the actual trial before a judge or jury. If you are consistent throughout, your testimony will appear more credible. Lying in a deposition is the same as lying in court and can be grounds for criminal contempt. It is wise to require the court reporter to furnish you and your lawyer with a copy of the deposition for you to review and sign before the deposition is filed and becomes an official legal record of your testimony.
David Burlison practiced law for 25 years In Tennessee and Mississippi. He has traveled extensively throughout the world, and once lived and worked in the U.S. Virgin Islands. He has published numerous articles with Demand Studios, EzineArticles, GoTo Articles and Hubpages. His publications have covered subjects dealing with law, travel and various social issues.
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The Price
It depends on what you’re buying. If all of the practice income is from personal services performed by the selling physician, the answer is generally “not a lot.” The price typically consists of (1) the value of the fixed assets (e.g. equipment, furniture), and (2) maybe a little more in order to avoid the cost of starting up a new practice from scratch. In the event, however, the practice also generates income from services that are not personally provided by the selling doctor, the price is increased to account for this “passive revenue.” How much? Maybe the amount of one year’s profit from that ancillary service.
Structure
Practice purchase take one of two forms: (1) stock purchase, or (2) asset purchase. Buyers that buy the stock of a medical practice are rare because the buyers get all the liabilities associated with the stock of the selling practice. Most practice purchases are asset purchases, which makes it easier to say what you’re buying, what you’re not buying, which liabilities you want to assume (e.g. leases) and which ones you don’t want to assume. Sellers often prefer stock purchases because the seller gets better tax treatment on the purchase price (capital gains instead of ordinary income) than sellers who sell just their assets.
Payment
There are two ways to pay for a practice: (1) on a pre-tax basis, or (2) on a post-tax basis. Employed physicians who become owners of a medical practice employer are often familiar with pre tax purchases because they have a portion of their salaries or bonuses applied to the purchase price, instead of getting the income, paying tax on it, then writing the seller a check. Sellers usually favor getting paid with the buyer’s after tax dollars, but often compromise and agree to accept at least a portion of the purchase price on a pre-tax basis via some sort of compensation offset.
Now that you know the big issues, you need to know how it’s done. The process generally involves the following:
1. Letter of intent;
2. Legal documents; and
3. Negotiating the documents.
Letter of Intent
Before people jump into a complex transaction (and pay lawyers lots of money), they usually like to “rough out” the deal points in a non binding document a few pages long which describes the guts of the transaction. In a medical practice LOI, those points are usually:
1. What is being sold (assets or stock);
2. Whether the accounts receivable are included or not-usually not;
3. The purchase price;
4. How it’s paid;
5. Whether the seller will stay on in the practice and if so, how he/she will be paid for working for the practice;
6. The restrictive covenants (e.g. noncompete) that will apply to the seller.
The Legal Documents
In an asset sale, the parties can expect: an asset purchase agreement; a promissory note (if payments will be made over a period of time); a security agreement (if there is a promissory note); a noncompetition agreement; and an employment agreement for the seller (if the seller will stay on). In a stock purchase, you will have a stock purchase agreement instead of an asset purchase agreement, plus a few other more minor documents.
The guts of the key transaction document are (1) the reps and warranties, and (2) the indemnification provisions. Reps and warranties are basically promises made by the seller about the practice. A buyer will wants loads and loads of them. indemnifications are essentially obligations of a seller to pay a buyer for harm that comes to the buyer which relate to the practice before the buyer bought it.
Noncompetes are often essential terms of a practice purchase. A buyer doesn’t want the seller hanging around soliciting patients or practicing across the street. Generally, the term runs two to five years and the geographic scope depends on the specialty and the market where the practice is located.
Negotiating the Documents
Very simple: everything is negotiable. Everything. That said, there are certain things the are usually set in stone. For instance, the buyer is gonna pay something over some period of time. The noncompete will apply for a period of time over a certain geographic area. Though a buyer will want a millions reps and warranties, they will probably be negotiated down. The indemnification provision may contain a “basket” and a “cap” so that the first dollar of damage may not be passed to the seller and the total amount may be limited. Though physicians may consider a practice sale or purchase to be a minor thing, they can be shocked at the complexity and intricacy of such issue as Medicare liability and recoupment issues. Moreover, even once the documents are negotiated, preparing all the disclosures and attachments to the documents is extremely time-consuming, whether the practice costs $1 or $10 Million. All the “i”s have to be dotted and the details attended to.
Conclusion
Practice purchases are a fact of life and will likely increase as the healthcare marketplace evolves. Agreeing on the core issues is important and just starts the ball rolling. Be prepared to engage a lawyer and accountant that have lots of experience doing these sorts of transactions.
Funding a lawsuit is a very expensive affair. But, justice needs to be served and you need to have the money for it.
However, there are plenty of people who do not have enough money to pursue their lawsuits. There is now a solution to this problem. All you need to do is opt for lawsuit funding. These are increasing a lot in popularity.
Most of you may be unaware of the many options you now have to fund your lawsuits. You can opt for these without any worry.
You can obtain these loans from banks or financial institutions. What you need to remember is that these lawsuit loans are not really loans. They are more of a cash advance, which helps you to go ahead with your case.
There are plenty of banks and financial institutions that offer this service. But, you need to contact the best. So how do you choose the best agency for yourself? Here are a few suggestions:
1. You could begin your search by educating yourself about lawsuit funding loans. If you do not know what these loans are, how will you opt for them? Get an idea of how best to put these loans to use.
2. Check the internet for names of banks, and other financial institutes that offer this service. Once you have found a few names. Make it a point to have a talk with the banks and institutes. Find out the various lawsuit funding plans they have.
3. Do not be hasty. Take your time in choosing a plan for yourself. Meet the managers of different firms, and then make your choice. Do not opt for the first bank or agency you come across.
4. You need to have a good credit. No bank or financial institution will sanction a loan if you do not. They want to ensure that the person they are sanctioning the loan to is reliable or not.
5. Opt for an agency that has a good reputation. This is important; you need to ensure that the agency you are taking the loan from is reliable.
An added advantage would be if you knew anybody who may have used this bank or financial institution before. You should find as much as you can about the agency. The more you know about them the better.
You need to be a little prudent while opting for law suit funding.
Texas credit card laws are as big and imposing as the state itself. Their laws do much to prohibit creditors from collecting on a debt even when a judgement is involved. Revolving credit companies are very limited in ways they can use to collect debt in our Lone Star state.
Using plastic for purchases has reached an all time high. Unlike buying a car with a bank loan, these purchases have no collateral to back them up. A car could be repossessed for failure to pay but this is not how it works with charged purchases.
Garnishment of wages are also prohibited. Federal law states that creditors can take up to 25% of a person’s disposable earnings. Our Lone Star state is one of the few states that opted out of this law. Garnishing wages is only allowed when a person defaults on child support or owes Federal money in back taxes. Student loans can also be collected through garnishment.
There are also strict laws against taking possession or placing a lien on a person’s home. In fact, your home cannot be touched unless you default on your mortgage or line of equity; owe taxes to the federal government; or you fail to pay a contractor. These are the only conditions under which a lien can be placed against your residence.
The one option a credit company has is the opportunity to attach any funds that you may have in a savings account. Even then, this can only be done if the debtor has failed to file bankruptcy. The Texas laws are so difficult to work around, most creditors will try and negotiate a deal in the hope the debtor will be able to repay some of the funds owed them.
Harassment of a debtor is also prohibited. Collector’s are not allowed to use threats against your home or income. Neither are they allowed to become so consistent in their phone calls that they cause the debtors phone to ring incessantly. The creditor can actually be faced with a fine up to $500.00 for using such tactics. All a debtor need do is file a complaint within one year of each action.
Any company or representative that it chooses to use are liable for charges if any of these Texas credit card laws are broken. The Finance Code of the Lone Star state has to be followed strictly. In defense of charge accounts, if we use them, we should be responsible and pay back the debt.
Most people do not think much about applying for social security disability, many believe this is not a topic they have to worry about. However, statistics show that there is a 3 out of 10 chance you will become disabled before retirement age. This alone is a good reason for even healthy individuals to learn the basics about social security disability insurance and the process involved in making an application.
Waiting
One of the biggest mistakes people make when it comes to social security disability is waiting to apply for benefits. Some people will wait months or even years before applying for benefits, which can limit the total amount awarded. Your monthly amount will be set depending on your work history but back pay awards will only go back to the date of your application. It is best to apply within a month of your disability as social security has a mandatory waiting period of six months from when they determine your disability began. This means if you were disabled in February, and approved in September your benefits would only go back to July.
How to Apply
Once you are determined to be disabled, you have several options for applying. The most obvious choice of course is making a trip to your local social security office. Bring along your proof of identification and any medical documentation you have on your current condition. There may be other documents you need, but you will be given the opportunity to get those together while your case is being reviewed. Many times all you will need is a list of doctors and a signed release form so the social security administration can access your records.
You can also apply online or over the phone. For many people, especially those with mobility issues these are fantastic options. The entire process can be handled electronically and through the mail.
Assistance
Do you need an attorney to apply for social security disability? The short answer is no, but statics do show that applicants who have an attorney have a better success rate than those who go it alone. Whether you choose to start out with an attorney or not will depend a great deal on your situation, for example if you have been diagnosed with a terminal illness, you likely will not need an attorney to assist you in getting approved. However, if you are dealing with debilitating back pain, fibromyalgia or a host of other issues an attorney can help you cut through the red tape.
Disability attorneys have worked with the social security administration long enough to know exactly what type of proof they require and how to avoid certain pitfalls that can lead to a denial. For this service, they collect a decent fee, sometimes 25% or more of your disability back pay. Of course, if you lose, they receive nothing at all.
Conclusion
Disability can happen to anyone at any time and when it does, you need to know how to navigate the process of social security disability claims. One thing you should know up front is that even in the best of circumstances this can be a lengthy process, expect to wait several months for approval and the issuance of your first check. It is also important to note that if you are disabled, but have not worked long enough to receive social security you could benefit from other federal programs such as supplemental security income.
There are times when multiple agents are needed. The principle or the person giving the appointment can choose to have their appointed agents act together jointly on issues if they so choose. When this is the case, then this means that any and all decisions that they have been given the authority (power) to make need to be agreed upon together and approved by both agents before any action can take place. However, the appointment can be for the different agents to act individually as well.
Many times it is advised against making a power of attorney form with two or more agents acting on a person’s behalf, since this can cause conflicts and difficulties when trying to complete transactions and other problems can arise as well. Also, keep in mind that there are some states that have specific appointment rules when there will be multiple agents appointed. Regardless of this, a principle can appoint agents as they see fit. It is best to clearly spell out what each appointment is for to ensure that no problems arise and that there is no confusion on what each of the appointments duties are. Furthermore, when two or more agents will be appointed, it is best to make sure that they are people that can work together and have your best interest at heart when making decisions.
The duties of the agent or agents can be very basic to very specific, all depending on what is needed. First and foremost the agent should only be acting in the best interest of the principle. The agents are obligated when appointed to act legally and ethically in the best interest of, as well as in good faith to the principle that appointed them. The authority that the principal can grant to their agent in a power of attorney form can include, but are not limited to:
* Paying the principal’s bills from a bank account the principal has authorized them to use.
* Making decisions regarding investments, banking and real estate too.
* Ensuring to collect and deposit benefits of any kind, such as social security.
* Paying and filing all taxes on time.
* Being a representative when it comes to issues that involve an inheritance or property claims.
* Hiring a lawyer for the principle when necessary.
* Maintaining and managing retirement accounts, as well as selling and purchasing insurance or annuities too.
* Handling all business affairs of the principle’s.
Keep in mind, that the agent must keep detailed records of any and all transactions that occur when making decisions for the principle. Also, all money that the principle has must be kept separate from the appointed agent’s money too, nor can an acting agent gift themselves money or property from the principle’s estate unless it is specifically stated within the power of attorney form. Lastly, the agent can never profit from any transactions that were conducted on behalf of the principle, unless again it is specifically stated within the form. Again, the amount of power that the agent has will solely depend on what authority has been appointed to them and specified within the power of attorney form. This will be an agreement between the principle and the agent or agents that are chosen.
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