Legal Law

Leadership Lessons from Women

In 1979, Britain’s economy was bankrupt and the newly elected Prime Minister, Margaret Thatcher, immediately set to work privatizing all nationalized industries, including aerospace, telephone companies, public services, the National Charge and public housing that was sold to its tenants. She sold all of these industries on favorable terms to promote private enterprise. Her goal was to reduce the power of government and promote the rights of the people who would own and pay a mortgage on their new properties.

The unions were crippling Britain with their bullying and strike action. Prime Minister Thatcher stood up against the unions that controlled the coal and steel industries. Employers and their workforce had struck the right balance. It was no longer necessary for men to join unions.
Prime Minister Margaret Thatcher believed in putting her “faith in liberty, the free market, limited government and a strong national defence”.

Early family life and education of Margaret Roberts

Margaret Hilda Roberts was born in Grantham, England, the daughter of Alfred and Beatrice Roberts, on October 13, 1925. As a child, Margaret Roberts learned about the business of balancing budgets at Roberts grocery store from her parents in Grantham. Her family lived above the store and she and her older sister were raised to be honest, attend church, help others and do charity work in their immediate community. Margaret’s father, Alfred Roberts, spoke daily about conservative politics in his home. In Grantham he was a local political councillor.

Prime Minister Margaret Thatcher was Prime Minister for 3 terms, 11 and a half years. When she became Prime Minister, her country was on the verge of financial disaster and law and order problems. Prime Minister Margaret Thatcher said at the time: “Unless we change our ways and our direction, our greatness as a nation will soon be a footnote in the history books, a distant memory on an island in the high seas, lost.” in the mists of time as Camelot, kindly remembered for its noble past.”

When he left office in 1990, his legacy was a strong economy with a society that was confident in its future.

Leadership Principles: As a leader, he believed in working with experts who shared his vision, his plan of action with the shared goal of fixing Britain’s economy. Prime Minister Margaret Thatcher was nicknamed the “Iron Lady” by the Soviets “because of the hard line she took against them.” As a leader, she had strength, determination, honesty, integrity and the courage of her convictions with a passionate belief in the right way to get her country back on track once again.

Leader of Romayne Frank, my mother, started her successful construction and management business from scratch over 40 years ago on a shoestring budget. She started her Real Estate and Construction Management Company with her husband, my father, Robert J Frank, MD.

Principal Leadership: Leader Romayne Frank began the new company by surrounding himself with experts who knew the construction business and real estate markets. He listened to his experts and had a vision, an action plan for his new venture. My mother had the gift of looking at the land and seeing its potential. She had the courage of her convictions, honor, integrity and morality that included a code of ethics and a clear and decisive passionate belief in the right way to conduct her business.

My mother, Romayne Leader Frank, said, “In the construction business, you want to use a licensed construction contractor, who has experience with referrals, is insured, has workers’ comp, and is also guaranteed for time and money.” This means that the job must be completed for a set amount of money and must be completed by a certain date. In construction, you want a turnkey, all-inclusive job from a licensed and trained contractor.

His Legacy: My mother and father, Romayne Leader Frank and Robert J. Frank, MD built dozens of buildings from Oyster Point to J. Clyde Morris Boulevard, in Newport News, Virginia, and in Hampton, Virginia, James City County, in Williamsburg, Virginia and the Isle of Wight, VA. Bringing new businesses to the Cities where they built new buildings. They also brought many new jobs and more taxes to these cities.

Romayne Leader Frank’s Family Life and Education

Romayne Leader was born in Detroit, Michigan to Earl David Leader and Mary Chernick Leader on May 28, 1929. Romayne’s father, Earl D. Leader, worked at the Ford Automobile Company assembling automobiles so he could get into law school. Once he finished law school, he represented many companies and ran for local political office. Romayne’s mother, Mary Chernick Leader, worked as a secretary at Boroughs Corporation, ran a women’s stock club where she taught other women how to study companies and invest in the stock market with little money to develop a reserve, and helped the Society Braille. Romayne’s parents taught her the value of truth, honesty, hard work, religious faith, and service to others. Her parents discussed local politics with her and taught her about business and finance.

Prime Minister Margaret Thatcher and businesswoman Romayne Leader Frank were conquering new territory in male-dominated areas of government and business. They both went to law school after getting married at a time when women did not attend law school or work outside the home with young children. Both understood the value of a legal education in society to help serve others. They had the courage of their convictions as leaders to never give up despite the obstacles. With character, honor, integrity and hard work they achieved their goals of serving others. As women leaders, they left a legacy for their countries and their children and grandchildren of economic growth and prosperity and the right and honorable way of doing business.

What are five things you can do to be a world leader like Prime Minister Margaret Thatcher and businesswoman Romayne Leader Frank?

1) To be a leader who has the courage of his convictions, honor, integrity and morality that includes a code of ethics and a clear and decidedly passionate belief in the correct way to do business or run his country.

2) As the leader of your country, organization or business, surround yourself with a “Brain Trust”, competent people who know your business and markets, have like-minded ideas and a strong and unwavering brainpower to help you achieve your goals.

3) Go around the table and listen carefully to your experts. Then make informed decisions.

4) Once the Leader of the country, company or CEO organization knows all the problems to be faced and has studied them from all angles, the Leader needs to have a vision, an action plan with the goal to be met. Leaders must have a strong belief in service to others.

5) In the construction business, you want to use a construction contractor, who has experience with references, licensing, insurance, workers compensation, and is also guaranteed for time and money. This means that the job must be completed for a set amount of money and must be completed by a certain date. In construction, you want a turnkey, all-in job from an expert contractor. Remember the idea is to keep costs down with excellent workmanship from a licensed contractor, secured with a turnkey job and no change orders allowed.

Legal Law

Foreign Education Bill: An Educational Revolution in India or a Myth

The government has finally given its approval to the Regulation of Entry and Operations of Foreign Educational Institutions, (Maintenance of Quality and Prevention of Commercialization) Bill 2010 (“Bill”). The bill seeks to regulate the entry, operation and restriction of foreign universities in India. However, shortly after the Union Cabinet approved the long-pending bill allowing foreign education providers to set up campuses in India and offer degrees independently, most Indian opposition parties objected. the bill, calling it “commercially driven” and that it would create inequality. As long as the opposition remains preoccupied with issues such as degree equivalency/parity, fee structures and fairness in terms of access for all students, passage of the bill in Parliament appears difficult.

Although the current FDI policy allows 100% foreign investment in the education sector, including higher education, foreign universities are currently not allowed to directly offer degree courses in India. It is estimated that about 150 foreign institutes offer courses with Indian universities under a twinning agreement, i.e. part of the course in India and the rest abroad, but most of them do not have all the required accreditations from the agencies. regulators. The existing arrangements are regulated by the Technical Education Council of India Regulations for the Entry and Operations of Foreign Universities in India providing Technical Education, 2005 (“Foreign Universities Regulations”), which currently applies only to technical institutes. and management.

Some of the reported provisions that are part of this Union Cabinet-approved bill include:
• Different levels of registration process to register with the University Grants Commission (“UGC”) or any similar regulatory body. Subject to the necessary UGC approvals, a foreign university could be registered as a “deemed university” under the relevant provisions of the University Grants Commission Act of 1956.
• Interested foreign universities must deposit a capital fund of INR 50 crore (approx. US$ 10 million);
• Such foreign universities would be established as “not-for-profit” companies under Section 25 of the Companies Act and therefore cannot recover profits. Similar provisions apply to private Indian universities, and universities considered to be for profit in the education sector are frowned upon by regulators;
• Foreign universities may, however, provide consulting services, faculty development, and other similar activities, and the profits generated by these projects may be repatriated. Indian private universities are adopting similar structures;
• a time-limited process for granting approval to foreign educational institutions to establish campuses;
• scrutiny of proposals from aspiring institutions on the basis of their previous experience, faculty endowment, reputation, etc.;
• Quota laws providing for reservations for Scheduled Castes, Scheduled Tribes and other backward classes may not apply to foreign universities establishing campuses in India.

It is indicated that several foreign institutes are already interested in establishing campuses in India and these institutes are watching the recent development with great interest. Therefore, the legislation in the bill would open up a huge market for international educational institutions and collaborations with Indian universities.

The bill, once finalized and enacted, is expected to attract large foreign investment in the Indian education sector and support the Indian government in its commitment to increase public-private participation in the education sector and raise the rate of attendance at college at 30 percent by 2020 compared to the account for 12 percent of all college dropouts. It is also claimed that this will put India as a “preferred destination to get education” on the global knowledge map as it will not only reduce the number of Indian students pursuing higher studies (estimated at 1.6 lakh Indian students each year with an outflow of around 7.5 billion foreign currency per year), but would also attract foreign students from southeastern countries.

Apart from this, it is also expected to create new business opportunities for Indian education players and new and better job opportunities for teachers, administrative and technical staff.

While the bill is likely to benefit Indian students by increasing the options currently available to them and helping in the overall development of the education system in India, especially the higher education system, several questions still remain unanswered such as the lack of regulatory clarity and the level of government inference, lack of an independent regulator (non-governmental body), compliance with mandatory infrastructure and campus development requirements, flexibility in setting fees, taxes, university closures, etc.

In the absence of the actual bill being publicly available (it will be available once it is introduced in Parliament), the opinions above are based on the previous publicly available version of the bill and recent public debates on the bill. .

seema jhingan
[email protected]

Legal Law

Should You Trust the Living Trust?

A potential client called me one day and said she needed me to draw up a revocable living trust for her. “Why do you need that particular document?” I asked. “Oh, [insert name of TV pundit] says you must have a living trust to avoid probate.” “And why do you have to avoid probate?” I asked in response. “Because [pundit] says probate is a nightmare and you should avoid it at all costs.” I asked the woman if she had ever dealt with probate (“no”) and how many probate [TV pundit] had ever driven (none, since she is not a lawyer). I assured the person she called that she had a lot of experience with probate, that it is not the “nightmare” some would make it seem, and that living trusts are not for everyone. However, the lady was adamant about the trust, refusing to listen to me explain why the trust might not be good for her, or address her legal needs, and hung up on me.

I don’t like losing potential clients, but if they don’t at least listen with an open mind and discuss these heady legal issues with a professional who has experience in this area, then they may not be a good client. The truth is, I would have gladly drafted a revocable living trust for her, since I would have made more money doing that than traditional estate planning, but before doing so, I wanted her to understand all the ramifications of using this legal tool. . She wasn’t interested in hearing what she had to say, and she thought of moving on. This was fine with me.

Revocable Living Trusts (RLTs) have gained superstar status in some circles in recent years as a way to avoid probate. It is true, they help to avoid succession. Yeah are configured and managed correctly. They also help avoid guardianship proceedings (more on that in a moment). But what many people don’t understand is that a living trust often creates more problems than it solves: for example, the costs of setting up the trust, transferring all assets to the trust, and continuing to maintain the trust properly throughout life. of the grantor. often costs at least as much as probate, if not more. I often say to clients, “Why should I You Pay your estate administration expenses? Why don’t you enjoy your money while you’re alive and let those costs count toward what your heirs get later?” Because the truth is, there’s no free lunch. Someone is going to pay to transfer your assets to your heirs. .

Also, in my experience as an estate planning attorney who also manages estates, most of the revocable living trusts I have dealt with have not led to a complete avoidance of succession. This often occurs because, as time passes, the grantors forget to title the new assets in the name of the trust. After death, when the grantor’s family seeks my advice to liquidate the trust, there are assets that did not make it into the trust and we still have to file probate proceedings. So what problem did the trust solve?

RLTs help avoid guardianship proceedings, but there are problems in this area as well. While the trust appoints a designated person to take over the finances in the event the grantor can no longer make decisions, there is no day-to-day oversight of the work they are doing. The only way to enforce or require proper performance is to initiate expensive legal proceedings. The guardianship procedure, on the other hand, is regularly examined by the court system at a lower cost.

In short, whether a revocable living trust is right for you is something you should discuss with your attorney. Keep an open mind and explore all your options with a member of your state’s Bar Association, preferably someone who regularly practices law in this area.

Legal Law

Reducing the Cost and Time of Legal Processes

Mention of the term litigation immediately conjures up images of bulk documents that need to be properly organized. In fact, litigation document management often involves large expenses. Therefore, lawyers need to finish documentation work in less time and keep track of people assigned to different projects. The implementation of such a process requires careful planning. There are a number of software packages available on the market that attempt to make the process much easier for law firms. In this way, the expenses are reduced considerably and the companies end up obtaining benefits in the long term.

In the past, legal case management software had more or less focused on the lifespan of a case. However, there are various packages available these days that are more sophisticated and therefore include different stages of the process. Pretrial discovery is one of the important areas of consideration. This refers to the process of obtaining information that can be used as evidence or data to support claims made by one of the disputing parties in a legal battle. It is one of the most costly aspects of commercial litigation.

Retrieving hard copies of each case record is not only time consuming, but can also skyrocket costs. However, the pretrial discovery process is gradually being transformed to an electronic proceeding, which significantly reduces the expenses involved. Practice coordinators often extract the required information and then process it, making it available to the legal team. It is important to understand that each customer is different and therefore the way he or she provides information is different. In fact, this is one of the crucial aspects of effective legal case management. The ideal software for a law firm should be such that it acts as an efficient and affordable interface.

Once the information is available in electronic format, it is easier for lawyers to look up the documentation at any time. The development of such software is especially aimed at minimizing the time lawyers spend searching for and retrieving documents.

Converting hard copies to electronic copies can be a daunting task, especially for a small-scale law firm. Several law firms, the ones that are not at the top tier, lack the necessary IT resources and therefore have no choice but to outsource the project. A database of existing records is created, maintained internally, and then web access is provided to employees.

Case management software is also equally focused on ensuring proper billing methods. The goal is to substantially reduce costs. This has been triggered by the fact that most companies have extremely price sensitive customers. Some attorneys believe that taking the help of legal case management software takes you beyond your skill set. However, actually, it works favorably for them as it automates a whole mundane procedure. Therefore, it leaves them enough time to focus on other relevant topics.

Legal Law

Preventive health care: why is it increasingly necessary for companies?

The annual business game plan lays out a simple framework that focuses on priorities, tracks progress, and manages every facet of the business. This proactive culture is the key to success. Our health also demands a similar game plan. Various investigations have shown that it is possible to prevent the appearance of diseases with preventive health measures. More than treating a disease, prior diagnosis through preventive tests can save an organization’s employees from a lot of anguish.

Studies have evaluated that the investment made in health and wellness programs by employers ultimately results in a change in employee behavior and attitude towards the organization. Therefore, preventive health care in companies pays big dividends in the long run.

Now the question is HOW?

Happy employees make happy customers!

On June 21, corporate India turned their gardens and cafes into an impromptu YOGA workshop to celebrate International Yoga Day! With plenty of healthy activities including free sessions with popular YOGA instructors and organizing a healthy diet for employees, the day ended well. With maximum participation, credit goes to talent hiring teams for adding life to the health and wellness dimensions of employee lives. People are health conscious and such an initiative pays off. But with employee demands increasing, it’s also hard for employers to keep up.

Employees feel supported and cared for!

Instead of comforting the criticizing and complaining workforce with unnecessary investments, it’s time to choose an option that makes a real difference. Group health insurance, accident policies, parental insurance, these competitive benefits packages attract talent, but there are other employer-sponsored benefits that are non-cash compensation but extremely beneficial. The annual survey of employee results of the American company Aflac has shown that 60% of employees would accept a job with a lower salary as long as they received better benefits.

Waves of innovation and technology have kissed the healthcare industry with exhilarating benefits and ushered in the era of electronic medicine. Online healthcare services are ubiquitous and offer various benefits for businesses, which aim to crack the business model with effective strategies. With the launch of the digital healthcare space in the organization, employers can play a proactive role in taking healthcare aspects to the next level. The e-medicine service will help employees get their check-up on time and avoid serious health complications later. Extended preventative health measures with in-house online medical facilities will never go unnoticed. After all, prevention is better than cure.

Seek medical advice before getting sick!

A very unforgivable scenario of the modern era is premature death from preventable and curable diseases. Routine checkup is therefore a mandate for everyone. Regular online medical consultation is a practice to measure health status even when we feel fit and well. Employers will go the extra mile if they instill such practices within the workforce by launching healthcare benefits that allow employees to feel relaxed all the time. A regular headache after a certain period of time at work every day can make an employee feel tense about her health. With online health consultation available, accessible and affordable, employees can speak or chat with a GP from their own workstation and reduce anxiety. It’s time to idolize, “We Care About You,” the universal motto printed in every employee handbook.

How preventive health care addresses the current health situation at work so that it does not deteriorate

“Lifestyle disease” is a very powerful term associated with the deteriorating health conditions of employees in the private sectors. We can’t escape the norms of the competitive marketplace, but we can certainly help alleviate stressors with some impactful actions. The preventative healthcare segment with technological advances has made the journey much easier for companies that have created alliances with the online medicine industries. With online healthcare via apps or desktop computers, the organization encourages its employees to create personal health records with reputable physicians. It helps them access quality health services at any time and from anywhere.

Preventive Healthcare allows employees to keep their minds at work

Attending an important meeting and leaving a sick child at home is the messiest phase in a parent’s life. In addition to applying for a half-day leave, the online health care service allows us to contact a doctor online and discuss the child’s symptoms in detail. The medical advice of a reputed doctor will certainly be beneficial. We can also get prescriptions online and have a video visit once you return home. As a parent, it is extremely important to closely monitor your child’s medical care. Our office work should not delay the necessary and preventive health measures dedicated to our children. With online health care benefits, harassment and delays in medical appointments are eliminated, allowing patients to receive treatment as soon as possible.

Help to be a considerate employer

Employers have a duty of care to a traveling employee. The effects of the change of various forms on the employee must be fully compensated by the employer. Along with the monetary benefits, it is the care factors that play a vital role. The health of the employees is of the utmost importance and the employer should empower the person with an online medical service installed on mobile applications. This will help employees to have access to doctors from anywhere and at any time. Digital healthcare is an efficient and fast medical consultation system that would provide assistance anywhere and anytime. The organization will be further praised if it extends its assistance to the families of the employees by providing them with access to online medical facilities at any time. The care-o-meter will certainly keep the employee happy and relaxed.

Workplace morale plays a big role! If the employees are healthy, they are happy, and a happy employee is the most productive. When employees understand that your company cares for their well-being and health, it builds loyalty and trust. Therefore, the benefit is mutual. While the company invests in health apps and virtual GP services for employees, they receive a substantial improvement in job performance through those affiliated employees.

Access to on-demand healthcare 12 hours a day will make employees feel relaxed at work and thus improve care.

Helps in reputation management.

An organization, whether it is based on products or services, is most concerned with its global reputation, not only as a supplier but also as an employer. Companies are often evaluated on their workplace and people management culture. Wellness programs are therefore a definitive practice that raises the banner intact. Health camps set up quarterly receive havoc responses from employees, as they feel it’s easier to see a doctor in the middle of work rather than a pre-arranged appointment. With these scenarios in mind, online healthcare industries have widened their reach among companies to build alliances and act as a preventative healthcare regimen within the organization.

Reduce absenteeism

The Associated Chambers of Commerce and Industry of India (ASSOCHAM) report on Preventive Health Care and its impact on the corporate sector states that “One rupee spent on prevention saves 133 rupees in absenteeism costs and 6.62 rupees in costs of medical care”. Increased productivity through maximum assistance is one of the main advantages of Online Doctor services.

Preventive healthcare like custom package deals

The exclusive consultation with a doctor is another of the main characteristics offered by the digital health service. Pregnant women can consult their health problems with certified doctors available online at any time through chat or call. Today, corporate ties to online healthcare industries that mandate employee health checks and such practices foster a stronger employer-employee bond that will pay off.

Strict confidentiality regarding employee health records or inquiries is highly assured.

Preventive Health is an opportunity for companies to contribute to the well-being of their employees and also their families. It is also an awareness and education program that is much needed in today’s fast-paced life, thus restoring the healthy balance much needed for a happy and productive work life.

Legal Law

A Guide for Bronx Criminal Lawyers: The Path from Arrest to Arraignment in Bronx County, New York

There is a common belief among lawyers, as well as the general public, that all criminal matters that begin with an arrest somewhere in the United States follow a precise, consistent, and direct trail that leads to formal court proceedings. . This, unfortunately, is far from reality. There are many factors that have a significant impact on the post-arrest process. These factors include, but are not limited to, the location where the person was arrested, the availability of a nearby operating court facility, access to legal counsel, the availability of prosecutors, court clerks, court reporters, computer systems, and many other essentials. to any legal process. People arrested in remote areas, at night, can expect to spend several hours in a police station with little or no access to lawyers. Most are surprised to learn that many judges called in to conduct arraignments, very often in the back of a police station, are not lawyers at all. Many arraignments are conducted without legal counsel, prosecutors, court clerks, or even court reporters. Fortunately, a person arrested in Bronx County, New York City, will, with few exceptions, follow a highly organized path that leads directly to their arraignment. The courts, lawyers, prosecutors, stenographers and all those people or systems necessary to handle the matter in a timely manner are available. However, orderly as it is, the process can appear Kafkaesque to the general public, and even to untrained legal practitioners. The following is a roadmap outlining the precise journey virtually all cases take from the time of an arrest to the official arraignment process.

All criminal matters in the Bronx, New York begin with the reporting of a crime, either by civilian witnesses or by police officers. A civilian reporting a crime may be an actual eyewitness, a victim of a criminal offense, or a representative of the victim, such as a parent. In addition, certain classified professionals, such as social workers, doctors, attorneys, or legal guardians, are required by law to report certain crimes that come to their attention. The police can initiate a criminal complaint against a person in the absence of victims or witnesses. Typically, this occurs when the police observe a person committing a crime, such as driving under the influence, possession of a weapon, or sale and possession of drugs.

After a civilian files a complaint or is observed by police, a potential suspect may not be immediately arrested. The police may attempt to encourage the suspect to speak to the police in an attempt to obtain incriminating statements, or provide evidence or proceeds of a crime. Shortly after the suspect speaks to the police or seeks legal assistance, the actual arrest may take place. Arrest occurs when the liberty of the individual has been physically restricted, either by handcuffs, the physical restraint of the suspect, or by threat of force. After the arrest, the suspect is usually taken to the local police station for processing. Processing includes fingerprinting a suspect to determine the exact identity of the person based on the person’s criminal record. If the person does not have a police record, the fingerprint report will indicate so. Once the person has been printed, their NYSID number will appear on your fingerprint report. NYSID stands for New York State Identification. A person with a prior police record will be assigned the same NYSID number. A person who has never been arrested will be assigned a new NYSID number. The NYSID number is used to track a person’s criminal history throughout the state of New York. It also reveals whether or not the person has outstanding warrants, owes court fines, or is wanted in another state or jurisdiction. The suspect is also assigned an arrest number. The arrest number refers only to this particular arrest. In addition to the printing and background check of the detained person, photographs are also taken for identification purposes.

The next step in the process is the actual filing of a police complaint report. The police report is completed by the arresting officer. Provide a brief description of the crime, the evidence obtained, the names of the victims or witnesses, if any, and the precise charges for which the accused has been arrested. The arrest report also contains the defendant’s name, address, and personal information. This information, known as a pedigree, usually comes from the defendant himself and becomes part of the official report. Once all of this information is compiled, the defendant, arrest reports, fingerprint reports, and all other relevant information are transported to Central Booking. Central Booking is located in the Bronx Criminal Court building. Here is presented the entire file prepared by the police before the Bronx Prosecutor’s Office. The District Attorney reviews the entire matter and decides whether or not to proceed with the arrest process. If the prosecutor refuses to prosecute due to insufficient evidence, or for some other reason, the defendant will be released and all compiled records and photographs will be erased. If the matter is not dismissed, the prosecutor will prepare a formal criminal complaint.

The criminal court complaint is a more detailed complaint of all charges brought against the defendant. It contains information about the evidence obtained, the names of the witnesses, the times and places of the crimes charged, and an affidavit from the complaining witness or the arresting officer. Once this affidavit has been reviewed and signed, the entire matter is referred to criminal court for arraignment. Arraignment is when the defendant is brought before a court and is publicly notified that certain criminal charges have been filed against him. Prior to arraignment, each criminal court complaint is assigned a docket number. The docket number refers only to this particular criminal court complaint. However, before the arraignment, the suspect, now accused, has the right to a lawyer. The attorney assigned or retained by the defendant will be provided with a copy of the official criminal court complaint, along with a copy of the defendant’s criminal record. The lawyer will then be allowed to speak with the defendant before the arraignment. The purpose of this interview is for the attorney to notify the defendant of the charges that have been filed, obtain any important information such as defense witnesses, discuss bail issues, and answer all legal questions from the defendant. Once this is complete, the defendant is brought before the court for the arraignment. The actual arraignment usually takes no more than a few minutes. The prosecutor usually notifies the judge of the seriousness of the case before the court and whether or not bail is requested. The prosecutor also notifies the defense attorney whether or not the defendant made statements, and whether the defendant was identified in a lineup, or in some other way, such as photo identification. After the prosecutor finishes addressing the court, the defense attorney speaks on behalf of the defendant. The defense attorney’s primary goal at this point is to obtain the defendant’s release without bail, or with minimal bail conditions. The attorney may argue that the matter before the court is a criminal misdemeanor, is legally insufficient, or represents the defendant’s first offense. The attorney may also argue that the defendant maintains strong ties to the community, such as work and family, and it is unlikely that he will obtain a court order if he is released. At this point, the judge makes a bail decision and simply adds the matter for further legal proceedings, completing the arraignment process.

Legal Law

Corporation Center In-Depth Review: A Leading Canadian Incorporation Service

The Corporation Center not only offers Canadian businesses an online incorporation service, but also many business services and a ton of very useful information on their website.

The president, Howard Greenspoon, and the president, Lionel J. Pérez, have law degrees from Canadian law schools.

Corporation Center onboarding service features at a glance

1. Jurisdictions of incorporation

With the Company Center you can set up a Federal company and/or provincial companies in the following provinces/jurisdictions:

  • alberta
  • british columbia
  • Manitoba
  • New Brunswick
  • Newfoundland
  • New Scotland
  • ontario
  • Prince Edward Island
  • Quebec
  • saskatchewan
  • yukon territory

2. Business Training Services

The Corporate Center offers the following business services:

  • Incorporations: Regular Incorporations (Federal and Provincial), Public Limited Companies, Non-Profit Entities, Professional Corporations, and a host of very useful Canadian incorporation information.
  • Formations and commercial records: sole proprietorships, companies and regular businesses.
  • Names: Company name searches, reservations and registrations.

3. Ongoing Incorporation and Business Services

Once incorporated, you must maintain your corporation with annual filings. The Corporate Center can do this for you. Services include:

  • Presentations and/or annual corporate changes
  • Company name changes if necessary
  • Articles of Amendment or Dissolution.

4. Trademarks

You can use the Corporation Center to find and register trademarks.

5. Contract Creation Service

With your contract creation system, you can create the following contracts:

  • shareholders agreement
  • employment agreement
  • Durable Power of Attorney (Living Will)
  • last will and testament

There’s no shortage of contract templates, but they’re for the US The Corporation Center offers their contracts and document creation to Canadians.

6. Business plan software

If you are looking to obtain a loan for your business or company, you will need a well-developed business plan. Professional business plan writers charge a lot of money for business plans. The Corporate Center offers software that will guide you through the creation of a professional business plan. Just some of the modules it will walk you through include:

  • mission status
  • Management and Operations
  • Market and competitive analysis
  • Marketing and sales
  • web marketing
  • Direct marketing
  • License

…in addition, the software has built-in calculators that will present financial projections automatically.

7. Business credit card accounts

If you’re incorporating your business and taking your business to the next level, then maybe it’s time to get credit card processing as well. Like contract templates, there are many services for businesses in the US, but not as many in Canada. You can fully set up a credit card merchant account with the Corporate Center.

8. Logo design services

Need a logo for your new Canadian addition? You can get a logo designed through the Services of the Corporation.

You have 3 logo design packages to choose from, with prices ranging from $295 to $595 (prices may change).

9. A wealth of Canadian business and incorporation information

The Corporate Center has a ton of fantastic information on Canadian incorporation on their site. You can find exactly what you need for your onboarding on their easy-to-use website.

I must say that it is very refreshing to find a Canadian company that specifically caters to Canadian businesses with an online incorporation service and many other important business services.

Legal Law

How to study for the bar exam and select a bar review course

Before you graduate, your dean of students, a professor, or common sense will tell you that the bar exam is a test not to be taken lightly, that you should take your bar exam preparation seriously. But until you dive into the depths of the sample bar exam essays and practice questions, it’s very hard to really understand just how challenging and absorbing the bar exam can be.

Generally speaking, successfully studying for the MBE and state bar exam is an immersion process; it requires dedication, focus and time management. It involves more than you’re used to in law school, where simply showing up to class (while IMing your classmates or playing a game on Facebook) can still get you an “A.” Attending a daily bar review class or participating in a structured online bar preparation course, memorizing bar review materials, and taking bar practice tests is just a starting point. The hardest part of studying is figuring out the best approach that will allow you to study most effectively and adapting your study habits to retain a lot of information in a short amount of time. You have to balance an increased workload with the need to eat healthy and exercise.

This article will provide upcoming bar exam candidates with constructive tips that other law students have found helpful when studying for the bar exam. The most important thing you can do is honestly assess your study style during law school, build on the positive habits, and be disciplined enough to eliminate the negative ones, before embarking on your marathon study that summer. Remember, you want this to be a one-time deal and it’s never too early to start preparing.

(1) For 1L and 2L: Prepare during Law School

It is never too early to start preparing for the bar exam during your law school career. Many law students regret not taking more law classes during law school. Some law students even actively avoid bar-related classes because they assume they will only learn the necessary subjects during the formal bar review course. What they don’t realize is that it’s not easy to learn topics like wills, trusts, and probate in the one or two day course you’re likely to cover that topic. Your law school probably does not require you to take all of the bar subjects as a graduation requirement, and it is certainly possible to pass the bar exam if you avoid taking these subjects. But studying a bar topic a second time, by definition, makes it more familiar. Bottom line: it will be easier for you when you start studying a subject you already have a foundation with.

We suggest that you consider enrolling in the following classes during law school:

Multi-state subjects:

royal property

contracts

Commercial Sales (UCC Article 2)

Evidence

Constitutional Law I and II (a First Amendment class would be helpful)

Criminal Law (most of the law students we surveyed report that this topic is particularly easy to learn during bar review)

criminal procedure

mistakes

state subjects (varies depending on your state, but will generally cover topics like):

Trust and Estates

State Civil Procedure

State Constitutional Law

family law

State Criminal Procedure

Business Associations | corporations

(2) The overhaul course of the rod

So you’re thinking, “I’m not a 1L or 2L. I’m a 3L about to graduate. I need a plan of attack now!” We believe that taking a Bar Review class is essential to your summer curriculum. Some choose not to, but if you’re reading this article, you’re probably not one of them. There is bar/bri and PMBR (which have been around for a long time and have helped many law students pass the bar exam). But also consider the many competitors to the traditional Bar/Bri and PMBR, which students are finding very useful and effective. MicroMash, Supreme Bar Review, and AdaptiBar are examples of this. Do some research, because everyone learns differently. One course’s methods of teaching bar subjects may be more effective than others.

(2)(a) For those who intend to stick with conventional lecture-style bar review courses (Bar/Bri, PMBR, Kaplan):

If you decide to do Bar/Bri and PMBR, attend all classes and live in the moment. This sounds simple. But many students are tempted to log on to the Internet and check email. Stay focused because literally every minute during the summer is crucial and it is important to maximize your time while in class. Make sure you get to classes on time, because they start sharp at 9:00 am (may differ from city to city) and since they are videotaped, the teacher doesn’t wait for anyone! Note that in larger law schools, there will be a ‘live’ room and everyone else will be forced to go to alternate rooms where you will see the lesson on video. So if you think it’s beneficial to see the bar review teacher in person, rather than on a screen, make sure you get to your class early.

It is strongly recommended that you do not feel embarrassed about using BarBri and PMPR’s “Phone Help Desk” calling features for any important questions you may have regarding the material. Bar review topics get confusing, especially when you start comparing federal law to specific state laws on a given topic (eg, evidence). Also, it’s almost impossible to ask questions during the actual class (or impossible if you attend the video).

Note: Kaplan recently began his Bar/Bri Competition Lecture Style Bar Review Course. We have received several reports, since the July 2009 bar exam, that Kaplan’s materials contained errors and that the practice questions were, in her opinion, inadequate. It seems that they are solving the problems. DISCLAIMER: This is not the opinion of the author.

(2)(b) For those who intend to take courses online (Adaptbar, MicroMash, etc.):

Comfort is a double-edged sword. Some law students may not have the discipline to get out of bed early in the morning with the lure of a few more hours of sleep and the knowledge that they can start learning at any time of the day (rather than at night). a certain time every morning). Or you may be tempted to take a day off and double it the next day. If you choose a DVD or internet bar review course, set your alarm clock and get on with the program.

The great benefit of the online bar review is the ability to tackle subcategories of difficult topics head-on. For example, when studying for the law school using a lecture/book style course, you will only see a certain number of evidence questions related to double hearsay and only occasionally. If that particular subcategory of evidence is giving you trouble, the BEST way to handle it is to (a) review the course material and then (b) ask as many practice questions as it takes to get 10 double heard questions. (in a row) okay. Most online courses will pinpoint your particular problem areas for you and provide you with this highly beneficial and, in the author’s opinion, most efficient and least stressful method of making sure you have a firm grasp of each bar topic.

(3) Ask practice questions and sample essays

At the beginning of your bar review, it would not be unusual for the study of the bar to take 10-12 hours per day. As you get closer to your bar exam, you’ll find yourself up numerous nights realizing you’ve been at it for 14 hours, literally studying from sunrise to sunset with short breaks just to eat and, with good luck showering!

Remember, there are so many questions that the bar exam can throw at you. The more you practice (essays and questions), the more you will “learn the formula”.

The practice questions are thought-provoking, but tricky. It is imperative that you ask at least 50 questions thoroughly, daily. Part of being successful on the exam is choosing the “least wrong” answer from the four “wrong” answer choices by using process elimination techniques.

There is something special in writing. A really useful trick is to make sure you don’t neglect rehearsals. Try to do at least 1 rehearsal per night from the first day of study for the bar exam, and increase the number of rehearsals as the bar exam approaches and your study routine improves. Do not passively read the answers to the sample essay answers. Make a running chart, by topic, of frequently tested areas, and then study that chart. This helps both for essays (obviously) and multiple choice questions.

Another source of failure on the bar exam is recent law graduates who work while studying for the bar exam. Personal finances are always a concern. But if possible, the author strongly recommends not working while studying for the bar exam.

While it seems hypocritical, the author also urges you to maintain a certain quality of life. While partying is out of the question for the two months or so he’ll be spending studying in a bar, having a (singular) beer once a week won’t hurt. It is important to limit the consumption of alcohol (and, of course, drugs). Exercising regularly is a must. Taking an hour break to walk, jog, or lift light weights can be invigorating and will definitely help the study process. Sleep is also important. Studies show that his brain needs enough sleep to better process this barrage of information that he will learn, understand and memorize each day.

The Bar Association will be a very stressful time in your law school career. The goal is to make sure it doesn’t become traumatic. It’s hard to understand how mentally, physically and emotionally challenging it is until you actually experience it for yourself. But remember: try to keep the exam in perspective, and if things get worse, you can retake the exam. Look at these powerful and highly successful people who tried the Bar and failed… but have not failed in life: 1) John F. Kennedy (failed 3 times), 2) Florida Governor Charlie Crist ( failed twice), 3) Democrat Kevin A. Callahan (failed 10 times), and 4) New York Senator Hillary Clinton (failed DC bar 1 time).

The author sincerely believes that if you are smart enough to get into law school and graduate, you are smart enough to pass the state bar exam. All it takes is two months of dedication. It really is a hazing process. But, you are not alone and once you pass, you will look at your study time bar with funds, albeit many years later. GOOD LUCK

Legal Law

From Adulteress to Bombshell: The Continued Relevance of The Crucible and The Scarlet Letter

It bears repeating that history repeats itself. Although Arthur Miller’s The Crucible is about the Salem witch trials in 17th-century New England, it is also a scathing satire of McCarthyism in the 1950s. Just as the colonists tried to save their own skins by accusing members of the witchcraft community, American citizens, who were blacklisted as communists in the late 1940s and 1950s, accused others to save their own reputations.

This ugly pattern is the result of a human defense mechanism known as projection, or the attribution of undesirable thoughts or emotions from one to another, often expressed in the form of jealousy or prejudice. In simple terms, this is known as hypocrisy. And extended to sex and gender, it can take the form of castration anxiety. Also set in 17th-century Puritan New England, Nathaniel Hawthorne’s The Scarlet Letter examines the story of another unfortunate scapegoat. The novel explicitly encapsulates the supposed threat of a powerful woman to the paternalistic society, which promotes that the political or religious order reside in domestic control, turning adultery into an exaggerated sin. Since these two classics cover a wide range of topics, including history, psychology, and literature, they are core study material for AP exams.

When paranoia strikes, it spreads like wildfire throughout the community. In The Crucible, a small rumor turns into a giant web of witchcraft accusations, with people who want to hide their indiscretions blaming others. The rigid religious and social laws do not allow any kind of spontaneity; We can take our freedoms for granted, but then a simple act of joy like dancing in the woods could become a sin. What is the main reason for all this rumor? The most powerful impulse of human nature: sex. Abigail’s affair with John Proctor fuels the flame. No matter what the social climate, human desire is hard to suppress; it is the reason for the perpetuation of the human race. Despite its simple origins, the complexity of desire is a double-edged sword; it can fuel an epic love story or be the source of destructive manipulation.

In the case of Hester in The Scarlet Letter, it is the latter. Hester is also a strong woman who is a force to be reckoned with in a time when the Puritan religion was so pure that she was evil. The rigidity of society hypocritically makes cruelty to Hester acceptable. Although forced to wear an A and shamed by the community, Hester stands firm and does not reveal to her lover that she is the ultimate hypocrite: a reverend who committed adultery. Men are cowards, and the woman bears the blame so that her paternal order is maintained.

As proven time and time again throughout history, paranoia often spills over into all facets of society, which in the ’50s included what to wear and what to cook for dinner. More than anyone at that time, the housewife was the emblem of anti-communism. This may seem strange, but let’s examine a term that was coined in the 1950s: bomb. It indicates that women were an explosive sexual threat and makes a tricky point: a woman’s sexuality was contained within an ideal domestic sphere as a means of calming anxieties about nuclear war, creating a set of national principles connecting virtue civic with domesticity, and on the contrary, atomic energy with promiscuity. As the strong connotations of adulteress and bombshell demonstrate, sex is a powerful force, and in earlier times, but even now, it is seen as a danger to sociopolitical stability. Just look at how much of a stir President Clinton’s sexual indiscretions caused. All the chaotic emotions surrounding sexual desire are a threat to order, and therefore transgressions can lead to unjust punishment and, in extreme cases, war.

Legal Law

How to find real estate leads for agents

How do you currently generate real estate leads? Do you do neighborhood farms, do you publish a newsletter, do you have a real estate agent website that generates leads? Well, no matter how you get them, I’m willing to bet two things;

1. They are not that easy to get, and

2. You can always use more.

As you work to fill your pipeline with leads, you can probably think of at least one agent who makes prospecting for leads seem like child’s play. But what exactly is it that they do so efficiently that you aren’t?

Of course, the answer depends on a lot of things, but let’s take some ideas from an agent I know who worked with a builder of kid-friendly condos that did pretty well.

Let’s call her Evette, which isn’t her real name, but it allows me to personalize the story in a relatable way.

Evette was a spark plug dynamo; full of energy, self-taught and very successful at what she did. And what she did best was market and sell a lot of student housing units, mostly condos, from what I could see.

His was a 5 step process.

1. You would find uncultivated land for your builder-developer to buy and develop

2. Try to establish partnerships with the seller of the virgin land and its developer to offset developers’ out-of-pocket costs while gaining a majority interest in the land.

3. You would then put up for sale all the units that the developer built as a result of the partnership

4. Then be positioned to resell the units when students graduate from college and move out of the area and

5. In some cases, you would be in a position to also get referrals to out-of-town agents for students who are moving.

As you can see, Evette was passing by. So when I say that meeting and working with Evette was a career-changing experience, you’ll know what I mean.

My attitude was the first thing that changed. I got over being paralyzed by high-income doctors, lawyers, judges, dentists, and other professionals.

Initially, I felt inadequate when it came to marketing real estate to them. He just didn’t think he knew enough about real estate in general to seem like a competent professional.

But you know what? It turned out that I knew more than all of them and more than I needed to know to help them with their real estate needs.

I continued to look for doctors, dentists, college professors, judges, insurance agents, and garden variety investors to work with and had some mutually beneficial relationships over many years.

So what does this mean for you? Actually, there are several things to take from this article.

If you’re not marketing to people with money, you should be. Some agents sabotage themselves by not aggressively seeking leads with the financial means to purchase real estate.

Instead, they market to people who may just barely qualify for home loans and/or who have related and other hardships to overcome before they can qualify.

Don’t let that be you anymore.

Another thing to learn from this article is that one lead can be multiplied into 3-4 different income generating opportunities.

Therefore, no matter how insignificant a client may seem, treat them all equally.

You never know when they might refer a friend or acquaintance to you, or ask you to help them buy some investment properties, or seek you out to help them sell the first property you sold them and help them buy another.

It’s a well used cliché, but it’s true; there is no shortage of real estate contacts for agents. You just have to know how to spot them.