Legal Law

Becoming an English Lawyer: The Qualified Lawyers Transfer Scheme (QLTS)

English law is held in high regard; London is among the top legal cities in the world; and talented and qualified barristers continue to seek to become English barristers.

Job prospects are decent for lawyers in the UK and by becoming an English barrister you increase your employability. Once qualified, you will be able to practice law in other countries, finding employment in England, Europe and further afield in countries such as Australia, South Africa and Russia. Furthermore, it broadens his professional knowledge, understanding and experience, which also broadens his career prospects.

As a qualified English solicitor, you will be in a stronger position to offer your current and future clients more legal services. As well as finding employment as a barrister in England and Wales, your broader career prospects are enhanced when you gain the QLTS. He may choose to practice law in his home jurisdiction, in which case he will benefit from a better career path and marketability. Or work as an English lawyer in London. Or maybe you even find a position with an international law firm that is based in the EU, and lives and works anywhere in the world.

Whichever career path is right for you, being an English solicitor will bring you more business and greater financial rewards. And this is reinforced by the high level of competition associated with newly qualified solicitors from England and Wales thanks to the assessment method, whether you choose the QLTS express route or the national route.

Under the existing Qualified Lawyers Transfer Scheme, the QLTS (formerly the Qualified Lawyers Transfer Test, QLTT), international lawyers and lawyers in England and Wales, are assessed to ensure they meet the necessary standards required to practice English law. Those admitted to the Roll of Solicitors of England and Wales through the QLTS have an even higher professional profile thanks to this high level of evidence.

QLTS training places international attorneys on a par with domestic attorneys, creating a more level playing field. The same standard that is expected of domestic lawyers is expected of foreign lawyers who wish to apply for the QLTS and lawyers who pass the QLTS have the same level of competence as lawyers qualified to practice English law via the domestic route.

Now is certainly a great time to become an English barrister, as the financial implications of the recession start to subside and job markets open up once again. The QLTS offers two major improvements to candidates compared to the QLTT: there is the English language test and the removal of the experience requirement. Both are positive developments for international lawyers who wish to train as English lawyers.

As a result of these improvements to the QLTS, more confidence is instilled in successful candidates. There is rigorous testing of all applicants’ practical skills as part of the course. This ensures that no one experiences discrimination, as everyone is treated equally and assessed to the same standard, although of course, because the means of testing are objective, issues related to candidates’ age and disabilities are will naturally take into account. Candidates who meet the necessary standard will be admitted as barristers of England and Wales. Clients will therefore know that all qualified English solicitors, regardless of their route to qualification, are competent and have the necessary professional knowledge, skills, behaviors and ethics to perform their legal duties well.

The QLTS is an affirmative step for all international barristers and solicitors in England and Wales seeking to train as English solicitors. The system is fairer but just as strict and allows only the highest caliber lawyers to pass the QLTS assessments.

If you want to become an English lawyer, an important factor in determining whether you will pass your QLTS course is the provider of the course itself. Without excellent teaching, informational materials, a support network, and experienced staff to guide you, passing will be more difficult. The QLTS School program offers a dedicated approach to QLTS assessments, and because it is completely focused on a single test, students really benefit from a range of advice and support that is always available.

The QLTS school is committed to helping international lawyers become English lawyers. Our website has information for every stage of the process, from what you need to do to be eligible for the QLTS to applying for the course. There is career advice, the benefits of practicing English law, and guidance for each step of the course.

With over ten years of experience and thousands of international lawyers who have successfully qualified as English solicitors, the QLTS school has an excellent reputation and a high candidate pass rate. The QLTS course is comprehensive and convenient, and you’ll have all the materials you need to study, including distance learning courses, video and audio lectures, and access to the online study portal, and the freedom to study when it suits you. The study portal allows you to communicate with other candidates, as well as access all teaching tools, including videos, audio, and PowerPoint presentations.

Created by qualified legal professionals who have worked extensively with international lawyers and understand their needs, the QLTS School program gives you everything you need to pass your QLTS assessments and go on to enjoy a long career as an English lawyer.

Legal Law

How Nursing Home Liability Brought Sunshine to Retirement

Spunky.

That’s the word you could use to describe the woman in her eighties who lives in the senior center. A few more adjectives would have to be added to do it justice. How about juvenile? Fun lover? Adorable? Life of the party? Holy? Yes, those and more could have accurately described Fay Sunnenshine.

But let’s start from the beginning.

When Fay’s children accompanied her on a preliminary visit to the senior services center, the intake staff had questions. Here was a smiling woman who clearly presented a fall risk. The claims control department had difficulty allowing her residency.

However, it was just as difficult not to allow her resident status at the nursing home.
“You have to get to know me,” Fay said, as the higher-ups voiced their opposition. “See my smile? I’ll make the entire population of Green Meadows Aging Center smile the same way!”

You needed an extraordinarily hard heart to debate that argument. So the professionals at Green Meadows checked with their insurance agency, who did their homework extremely well.

“Although Ms. Sunnenshine does indeed trend more as a fall claim risk, she has good coverage,” the agent said confidently. “She’s connected to one of the top insurance providers across the country. Use her guide to fall prevention and claims management and you should be fine with this new resident.”

Fay was admitted and sure enough, the atmosphere in Green Meadows began to change from calm to very lively! Fay’s joyous laughter filled the halls and dining room as she captivated her growing audience of wheelchair and walker occupants.

One remarkable story even put staff members in stitches, and illustrated the very stuff Fay was made of. Hailing from inner-city New York, Fay moved to a small town in New Jersey in her middle age. Used to defending her rights, as well as those of any innocent bystanders who happened to be within range of her and attacked by the local thugs, it seemed that no one could take full advantage of her. As a nasty type of thug thought he might have an easy time with little Miss Fay, she proved him dead wrong.

The would-be thief approached Faye and menacingly demanded the entire contents of her bag. Faye reached into it, pulled out a single five-dollar bill, and tossed it to the curb in disgust. “Here you, wretch!” she proclaimed. And with her purse in one hand and her head held high, she marched down the street indignantly!

Fay had little formal academic training. With her move to small town New Jersey, she revealed herself in community life and the babies she saw when her mothers went to work.

As time passed, Fay found it difficult to maintain the rigors of childcare. That didn’t stop those growing babies from being with her! On weekend afternoons, her living room would be filled with children, basking in Fay’s glow and enjoying Fay’s sweets…she seemed like she was a dear grandmother to at least everyone! half of the city!

The truism that nothing stays the same reared its painful head in Fay’s fantastical accounts of her life. Fay recounted that as her physical abilities weakened, she had decided it was time to move to the nursing home. She recognized how difficult it had become to keep the house. However, it was exciting for her to be among others. Here in the nursing home, she could make more friends…

“I like it here.” Fay would tell her fellow residents of hers and hers many of her, many visitors with the widest and sweetest of smiles. “I have my food. It’s really delicious, you know? I have a lot of friends. I love bingo and social life. And above all, I have my girls who come to see me…”

Fay was loved by everyone: the lonely who never had visitors, the sick who had her on a mission to get them what they needed or to call an orderly for help, and the staff who enjoyed her extraordinarily happy nature and her appreciation. for what they provided. For everyone at the nursing home, it felt like they had been presented with a rare gift in the form of sweet Fay.

One day in September just after a joyous moment at bingo in which everyone came out a winner due to Fay’s contagious brilliance, Fay fell to the ground. The orderly on duty rushed to her side. It was too late to do anything. Fai’s soul had been taken instantly and without warning.

On the day of his passing there was little to distinguish between residents and staff. Everyone wept for the one who had brought the sunlight into the nursing home.
As the hearse inched forward, the throngs of friends, residents, and nursing staff who had been privileged to witness Fay’s smiles, laughter, kindness, wisdom, and simple faith followed.

What distinguished personality had died for such followers to appear? Some unknown onlookers wondered. Unfortunately for them, the saint who had passed away could no longer be found in this world. Fai, the wonderful woman who had comforted so many with her kindness, now comforted those who knew her with her memories.

Legal Law

China corporate structures

While domestic companies have a wide range of alternatives to establish business operations in China, foreign companies are more restricted, with the most common business vehicles for foreign investors being:

– Representative offices
– Wholly foreign-owned companies
– Joint Ventures (Cooperatives and Contractual)

1.0 Representative Offices

General

The quickest and easiest method for a foreign company to establish a presence or ‘footprint’ in China is through the registration of a Representative Office of a foreign company. While this is true, there are certain factors that need to be considered when deciding if an RO is the right structure:
(i) ROs cannot engage in direct profit-making activities (cannot earn income) and can only perform a liaison function between the head office and suppliers/distributors/customers in China;
(ii) ROs do not have their own legal personality and can only contract or conduct business on behalf of the parent company;
iii) ROs are in practice limited in terms of doing business with Chinese companies which may prefer to deal with companies registered in mainland China;
iv) taxes still have to be paid (although there are no profits);
v) ROs, while simple to set up, are relatively more complex to close.

An RO is allowed:
– Carry out data collection and research on the local market.
– Liaise with local contacts on behalf of the parent company
– Coordinate the activities of the parent companies in China, such as contract negotiations.
– Coordination of warranty and after-sales service.
– Perform services for the parent company such as coordination of import, export and distribution of products.

An RO is not authorized to:
– Participate directly in businesses for profit.
– Sign contracts on their own behalf
– Represent entities other than the parent company
– Collect money or issue invoices for products or services

Representative offices are governed by the Procedures for Registration and Administration of Resident Representative Offices of Foreign Companies in China and the Detailed Rules of the Ministry of Foreign Trade and Economic Cooperation for the Implementation of Provisional Regulations Governing the Examination, Approval and Administration of Representation Offices of Foreign Companies.

Record

Unlike many other countries, representative offices in China are subject to registration requirements. An application must be made to the local Administration for Industry and Commerce, which, if successful, will issue a Certificate of Approval for the Representative Office. Thereafter, a series of presentations must be made to other authorities, such as the Foreign Exchange Office, and a ‘Business License’ issued by the local Administration of Industry and Commerce.

The registration is generally valid for only three years and the request must be made before the expiration to renew the term.

It is important to note that in order to set up an RO in China, you need to set up physical office space (in cities like Shanghai, only certain commercial buildings can be used to register ROs).

2.0 Wholly foreign-owned companies

General

Wholly Foreign Owned Enterprises (WFOEs) or limited liability companies with purely foreign investors are fast becoming the most popular method of foreign investment in China. While foreign companies once thought (and were often forced by law) that a local partner was necessary to do business in China, this is no longer the case across a wide range of industries.

WFOE Features:
– Between one and fifty shareholders
– Restricts the right to transfer shares
– Prohibits the public offering of shares.
– The capital is divided based on the contribution to the share capital and not on the allocation of shares
– Liability is limited to the amount of registered capital contributed

WFOEs are governed by the Law of the People’s Republic of China on Exclusively Foreign-Equity Operated Enterprises, and relevant implementing regulations.

Advantages of WFOEs:
– Driving control
– Simpler establishment procedures
– Easier to finish
– Easier to increase investment
– Protection of intellectual property

Disadvantages of WFOEs:
– Lack of experience and local connections.
– Cannot be listed on the stock exchange

Establishment

There are a number of steps required to establish a WFOE:
– Submission of articles from the company’s cover letter, bylaws, feasibility study and other corporate documents to the local foreign trade office for approval and issuance of the Foreign Investment Approval Certificate.
– Presentation of guarantees before other government authorities, such as:

o Local and national tax offices

o Foreign exchange office

or customs office

o Statistics Office

o Public Security Office
– Within 30 days after obtaining the Foreign Investment Approval Certificate, obtain a temporary business license from the Administration of Industry and Commerce
– Make Registered Capital Contributions and Audit by National Accounting Firm
– Submit an investment report to the Administration of Industry and Commerce to obtain the Permanent Commercial License

Important considerations

Name

A company name must be in both English and Chinese, although for practical purposes only the Chinese name is important. It cannot be identical or similar to a previously registered company name. The name can be pre-reserved for a period of up to six months, which expires if it is not used for establishment purposes during this time.

business scope

Unlike companies in many Western countries, where they are allowed to carry out any type of business activity, unless laws and regulations state otherwise, foreign investors in China must define the business scope of their company at the beginning of operations. and must conduct business within this scope. subject to modification through a new application.

registered capital

Depending on the business scope defined, a foreign investor will be required to invest a certain minimum amount of capital which must be registered or registered with the relevant authorities as done to the WFOE. Generally, this amount will range from 30,000 RMB to several million RMB for larger projects. The capital must simply be invested in the company and registered as fact with the local administration of industry and commerce.

Shareholders

The shareholders must all be foreigners and there must be between one and fifty who have an interest in the WFOE.

directors

The WFOE must appoint a board of directors (or a single director) to serve for the initial term (as set out in the statutes).

Legal representative

Only one person can bind to the WFOE by means of a simple signature (without the use of a company chop), and must be designated as Legal Representative in the formation documents.

senior managers

At a minimum, the WFOE must appoint its first general manager.

From a purely legal perspective, directors, senior managers, supervisors and other senior staff do not have to be Chinese residents, although it may be more practical to do so.

supervisor(s)

At least one person who is not a Director or Senior Manager must act as supervisor of the WFOE.

Physical address

Every business must have a unique physical address where the business is registered. Unlike other nations where virtual offices are allowed, China requires a business to have physical office space.

annual presentation

Within three months of the end of each calendar year, the WFOE must undergo an annual inspection. Prior to the annual inspection, the firm must retain a local accounting firm to perform an audit of the books.

3.0 Joint Ventures

Joint ventures, in this specific context, refer to a registered legal entity cooperation between at least one foreign investor and one Chinese investor. Previously, this structure was more common, although it has been steadily declining due to the following disadvantages.

Joint Ventures can be classified into two different types:
– Capital joint ventures
– Cooperative joint ventures

The main distinction between the two is that the latter provides more flexibility in the distribution of income. While equity joint ventures require joint venture partners to share in profit sharing based on their proportionate contribution to registered capital, cooperative joint ventures allow loss sharing and sharing based on contractual terms. rather than monetary/asset contributions.

Equity joint ventures are governed by the Equity Joint Venture Law of the People’s Republic of China and related implementing regulations.

Cooperative joint ventures are governed by the Law of the People’s Republic of China on Cooperative Joint Ventures and related implementing regulations.

Some advantages of joint ventures include:
– Only option, since the industry is restricted
– Guanxi (connections)
– Rapid establishment/contribution of existing facilities
– Local experience

Some disadvantages include:
– Inflexibility
– Difficulties in expanding investment (partners have the right of first refusal to buy newly issued capital and transfer shares to third parties)
– Different business plans.
– Different management styles.
– Exposure and theft of intellectual property

Establishment

The establishment of a joint venture is very similar to that of a WFOE, with the addition of a key document, the joint venture agreement. The Joint Venture Agreement has many of the same features as the WFOE articles of association, however it contains more terms similar to a Shareholders Agreement.

This type of documentation and negotiations with the Chinese side can be quite complex and will usually require the assistance of a lawyer.

Legal Law

What is the difference between a fake and an imitation?

A common question for trademark attorneys is what is the difference between a “counterfeit” product and a “copycat” product?

The term forgery is strictly defined by federal law. The term imitation is used colloquially to describe those products that copy or imitate other products, but may or may not be illegal under trademark law.

The key difference is whether or not the product contains a brand name or logo that is identical to a registered trademark.

In the United States, the federal Lanham Act is the key statute that defines trademark law. Sections 32 and 43 of the Lanham Act allow trademark owners to bring civil suits. Additionally, those who knowingly sell counterfeit products are subject to criminal prosecution.

A counterfeiter is someone who intentionally and identically (or nearly identically) copies a federally registered trademark and places the false logo or name on products that are not authentic. These products are considered illegal because they are clearly intended to mislead consumers at the point of sale and are a fraud to the public. Someone can be a counterfeiter even if he does not manufacture the products, but sells them to others.

“Imitation” is a broader category and may include products that have an overall appearance that is confusingly similar to a known product, but do not contain identical logos or federally registered trademarks. Those selling such products can still be sued by the trademark owner because these products can still cause consumer confusion, even if they do not contain counterfeit logos or brand names. However, this type of “imitation” cannot be criminally prosecuted.

Trademark owners can bring civil law against both types of targets: (a) those who produce and sell counterfeit products; and (b) those who produce and sell imitations.

The Lanham Act provides a variety of remedies to trademark owners, depending on the factual circumstances and the products involved. These remedies include the imposition of heavy fines, injunctions, the destruction of counterfeit products, as well as litigation costs and, in rare cases, making the infringer pay the trademark owners’ attorneys’ fees and expenses. research.

If you call a counterfeit product a “replica,” can you still be sued and/or criminally prosecuted? The answer is absolutely yes.

The product itself is still considered a fraud, regardless of the specific way it is marketed and sold. It is intended to confuse consumers, both before, at or after the point of sale. Calling thousands of fake watches sold online “replicas” doesn’t make them any less damaging to brand owners, whose brands are being diluted and tarnished as a result of the flood of counterfeits on the market.

Also, there is no guarantee that the counterfeit watch will not be given away or later resold to an unsuspecting consumer. Therefore, simply calling a counterfeit product a “replica” does not make it legal to sell.

Legal Law

7 Steps to Protect Employees and Manage the Risk of California Workers’ Compensation Claims

There are several things an employer can do to protect employees and manage the risk of California Workers’ Compensation claims. These are:

1. EVALUATE WELL BEFORE HIRING THAT EMPLOYEE

Reducing the frequency of your claims starts with hiring the right people for the jobs and functions they perform. Making sure you’re hiring an “A” player will not only improve your company’s productivity and efficiency, it can also lower your workers’ compensation costs. Prospective employees who have a history of “job switching” and short-term employment relationships may also have a history of California Workers’ Compensation claims. People who have filed fraudulent California workers’ compensation claims are often characterized by “quitting” their job, followed by periods of non-employment. While you may not discriminate against an applicant for filing a California Workers’ Compensation claim, employers should be on the lookout for applicants with irregular work history. Do your homework on each and every applicant, diligently confirming dates of employment and reasons they left their jobs. Also remember to do the following:

  • Perform a thorough background check (investigation gaps and transitions in employment)
  • Require physical pre-employment where applicable (generally there must be a bona fide, relevant occupational qualification to test).
  • The institute has a pre-employment drug testing program.

2. KEEP SAFETY FIRST THROUGH TRAINING AND SAFETY PROGRAMS

Employees must be constantly aware of the hazards that exist in the workplace and their possible consequences. Uninformed or untrained workers can be contributing factors to workplace injuries. Although California Workers Comp is no-fault insurance (the insured can pay regardless of who is at fault), many employees caught in accidents may blame their lack of knowledge or training as a contributing factor. To improve workplace safety, managers must initially and periodically train employees on proper safety techniques and practices.

Incorporating training in specific procedures and responsible labor practices is an ongoing responsibility. Close the skills gap and keep safe work practices a top priority for employees. Many safety-conscious employers I have inspected have large signs showing the number of days since a lost-time injury. Many other successful security managers have a security-conscious award that they use to promote people “caught in the act” for taking the extra time to follow security procedures. Also follow these best practices:

  • Keep your Injury and Illness Prevention Plan (IIPP) up to date.
  • Your employee handbooks should require immediate notification of any injury.
  • Hold monthly safety training meetings (especially to prevent common workplace injuries).
  • Carry out regular inspections.
  • Minimize hazards to avoid injury (document in your IIPP folder).
  • Offer group and individual incentives for security-conscious employees.

3. GIVE THEM MORE BENEFITS

Offering health insurance and retirement benefits provides employees with a better quality of life. Uninsured employees often turn to workers’ compensation to foot the bill when it comes to minor “Monday morning” strains and sprains, the most common of all injuries. When faced with high bills, employees may submit fraudulent claims to California workers’ compensation insurance carriers instead of purchasing health care out of pocket.

Providing health insurance can provide companies with special 5-10% discounts on annual health insurance premiums to help offset the cost of benefits when combined with workers’ compensation. Workers’ compensation insurers have a strong motivation to reward you; Your exposure to fraudulent and non-occupational claims decreases significantly when employees are covered elsewhere. For example, a joint venture with Blue Cross of CA and Fremont Insurance may provide a 10% credit to your Workers’ Compensation premiums in their preferred provider network program. Requirements apply, so check with your broker.

Another occupational benefit is the implementation of an early return to work program. This program gives the employee modified duty when recovering from an injury. Implementing a program will lower the cost of compensation payments (lost wages) to the insurer, thus reducing the total cost of the claim. Another benefit of this program is continued employee engagement. When employees are fully engaged in their work, they are less likely to consider alternatives to resolve their Workers’ Compensation claims. With the proper amount of time, rehabilitation, and care, your employee will return to work.

4. TAKE CARE OF YOUR EMPLOYEES

Employees injured on the job often apologize for the harm they have caused. Some even feel guilty about tarnishing the company’s safety record or reputation. In either case, don’t let your employee feel alienated or rejected as a result of an injury. That emotional separation from the employer commonly fuels employees’ decisions to retain an attorney or obtain legal advice regarding their claim. When workers’ compensation claims are litigated, the cost of the claims typically increases. This can affect your company’s loss experience and lead to increases in loss reserves and even your experience modification factor.

Take care of your employees and take care of all their needs, especially when an injury occurs in the workplace. Employees who have received treatment rarely see the need to sue their employer for the benefits of workers’ compensation insurance claims. Follow these steps:

  • It’s the employee is fine.
  • Does the employee feel safe?
  • Do you feel discomfort or pain?
  • Use a job fitness test.
  • Avoid “alienating” employees; spend time caring.
  • In the event of an emergency, take the employee to the medical provider of your choice.
  • In case of an emergency, get access to medical records.
  • In case of an emergency, contact your doctor.

5. INVESTIGATE AND LEAVE NO STONE UNTURNED!

Whenever an injury occurs, your government-mandated injury and illness prevention plan (IIPP) requires you to initiate an accident investigation. Take lots of notes and photos, if possible. Obtain factual data and detailed descriptions of the claimants’ physical characteristics, machinery, equipment, facilities, conditions, and environment. Ask witnesses to describe the accident in detail and sign their statements. Comprehensive investigative records that are accurate and timely provide incredible insight into the claim. By the time a litigated claim finally goes to court or on appeal, 18 to 24 months may have passed. Without a detailed description documented on paper, what the employee/complainant says could prevail. Keeping good records can help minimize the cost of the claim. Always remember:

  • Take exhaustive statements from witnesses.
  • Inspect the work area and conditions.
  • Take photos of the work area (if possible).
  • Keep research records in your IIPP.
  • Update your OSHA 300 (repeat injury) record.

6. MANAGE YOUR CLAIMS UNTIL CLOSING

Claims that are not closed in a timely manner increase your experience modification factor and therefore your California workers’ compensation premiums. By staying in touch with the medical provider (ideally an industrial medical clinic), employees, and other parties, you can help close claims and keep your experience low. After reporting a claim to your CA workers’ compensation insurance carrier, a loss reserve is set aside in your policy based on anticipated future costs for the employee to return to work. Such expenses may include medical costs, severance payments (lost wages due to injury), vocational rehabilitation, and temporary or permanent disability.

Once a year, your California workers’ compensation insurer sends a report card to the government agency that calculates your experience modification factor for the next policy year. The “Statistical Unit Report” provides workers’ compensation offices with information on both premiums paid and losses sustained as a result of injuries. If you have open claims during the time your unit’s statistical report is calculated, your experience modification factor may be overestimated. Always remember:

  • Maintain a good relationship with injured employees.
  • Report the accident in a timely manner.
  • Obtain and audit supplier invoices.
  • Corresponds with the claims adjuster; Keep a file.
  • Take steps to close claims.

7. KEEP YOUR ‘EX-MOD’ LOW

Be sure to request a copy of your experience modification worksheet (often referred to as an “ex-mod”) from your state’s workers’ compensation office. This document provides the calculation and the factors involved in developing your mod. Companies are often overcharged for workers’ compensation insurance premiums due to improperly calculated experience modification factors. Another report you should request is your run-of-loss report. This report from your insurer provides you with an accounting of your premium paid and your open and closed claims by policy year. Review any open claims and review any outstanding loss reserves. Please note that the statistical report of the unit is sent 6 months before the NAD

  • Know that the calculation date is 2 months before the NAD.
  • Request a copy of the loss streaks, unit stat, and carrier experience mod worksheet.
  • Take the initiative: in California, you can dispute the mod factor of your experience!

CONCLUSION

Like many issues plaguing businesses today, there’s only so much you can control when it comes to your Workers’ Compensation coverage costs. Failed and insolvent insurance companies have held the few players in the market hostage to the seller’s market due to limited underwriting capacity. The underlying imperative for prudent businesses is to either manage their costs controllable or hire a company that has a complete soup-to-nuts solution. In the end, you’ll find that a concerted approach with your management team, outside resources, and willing employees will be the ticket to lowering your California workers’ compensation premiums. A good insurance broker will help you implement all of the above suggestions at little or no cost.

Legal Law

When would you need to hire an immigration attorney?

One of the most common fallacies when starting an immigration-related application is to immediately seek professional services for help, in the form of immigration attorneys. If you can afford it, it is absolutely great to have as you have a person who basically verbally interviews you, records all your information and also asks for all the necessary papers and documents, and then fills out all the application and other necessary forms for you. It saves a lot of personal research headaches and time to assemble applications.

But can you really afford a $400 an hour service? Typically, 80-100 hours are billed, bringing the total cost of an immigration application to anywhere between $5,000 and $30,000. Not only that, sometimes lawyers charge INS fees separately, so you may have to pay another $500 to $1000. And with attorneys, they are likely to choose the most expensive courier services, since you pay for them, and the costs keep rising.

It is never really necessary to hire an immigration attorney if your immigration case is very simple. By that, I mean he has nothing to hide, no heinous visa overstays, no illegal work for 20 years, and no criminal record. If you are a law-abiding person and have done everything legally, from coming to the United States on a visa that you legally applied for without false documentation, and living and working in the United States following the rules to maintaining your particular visa status, you really there is absolutely no reason to hire an immigration attorney. I also assume that if you are reading this article, you can read and write English at a level that you can understand and fill out immigration application forms.

There is much information freely available online, even provided by the attorneys themselves, to help you locate the correct forms and understand the correct circumstances for applying for each category of immigration. In addition to that, there are a variety of immigration forums where people, ordinary people who are not lawyers like you, come together and share their experiences and methods on the immigration process. Usually, with a few hours of online immigration research, you can have a pretty good understanding of what forms you’ll need and what documents you’ll need. After that, it is a matter of time and effort to submit the application and let the INS process the application through their processes.

Legal Law

Real estate – Cook Islands

Is there a man alive who hasn’t thought at least once of packing up and going to the South Seas? Well, this could be your chance, especially if you have around two million dollars to invest in a new business. The popular private resort, Shangri-La Beach Cottages in Muri Beach, Rarotonga, Cook Islands, South Pacific, is now for sale (February 2006) as the owner is considering retirement.

The Cook Islands are located in the heart of Polynesia in the South Pacific. They are found about 700 miles west of Tahiti and about 1,000 miles east of Samoa and Tonga. Hawaii is about 2,500 miles to the north, New Zealand about 1,800 miles to the southwest. The climate is tropical, similar to that of Hawaii and Tahiti. Tourism is a year-round industry. Rarotonga is the largest of the 15 Cooks Islands and the main administrative center.

The cook population is about 15,000, of which about 9,000 live in Rarotonga. The main island has banks, ATMs, and dozens of restaurants, shops, and markets. There is a modern telephone and international communications system with Internet access and email. They all speak English, which is the official language, along with Cook Islands Maori. It is a stable autonomous democracy in free association with New Zealand and a member of the British Commonwealth. The people are very friendly, with a vibrant local culture of dance, music and crafts. There is a low crime rate.

There is a large international airport that handles wide-body aircraft. There are around 17 flights a week, connecting Rarotonga with New Zealand, Los Angeles, Tahiti and Fiji. Later connections to Australia and Europe are timely. The main airline is the renowned Air New Zealand and Pacific Blue, the low-cost airline associated with Virgin Blue, which now serves the Cooks of Australia and New Zealand.

The number of visitors to the Cooks has increased from about 40,000 a decade ago to about 80,000 a year more recently. Projections show that it will reach about 100,000 in the next few years. From the 1970s to the late 1990s, the only way to market Cook Islands accommodation abroad was through “wholesalers” and travel agencies. These middlemen collectively take around 30-35% of what guests pay to stay in an accommodation. In recent years, the Internet and email have opened up new ways to market accommodations abroad, and Shangri-La has been at the forefront of this more lucrative “direct booking only” system.

With its continued popularity assured by rave reviews on Lonely Planet, Frommers, the South Pacific Handbook, and travel websites like Trip Advisor and Lonely Planet Thorn Tree, as well as word of mouth from loyal guests, Shangri-La has been able to avoid the high cost of working through wholesalers and travel agencies. By only accepting direct bookings, they have kept their rates 35% to 50% below comparable properties and also have a higher net return per night. This has been one of the keys to its success as an ongoing company. Their goal has always been to provide luxury accommodation at a moderate price. They seem to be succeeding at this and as one former internet guest put it succinctly: “Shangri-La offers the best value for money on the island!”

Shangri-La is a small, private resort that occupies a prime beachfront section directly on beautiful Muri Beach, considered Rarotonga’s best beach. There are twelve luxury cabanas, a large swimming pool, an office, and a two-story luxury oceanfront home for the owner. Five of the cabins have a partial view of the lagoon and seven are garden cabins. This large property is 4,544 square meters. m., about 1.12 acres.

Although there are resorts and accommodations all over Rarotonga, Muri Beach is considered the best vacation spot. There are four small islets in the crystal clear lagoon and the best snorkeling on the island starts off Shangri-La. Several of the island’s best restaurants are within walking distance, as are shops, car rentals, the Internet Cafe, the Yacht Club, and lagoon tours. All island tours stop at the Shangri-La entrance on the main road.

The Shangri-La is next to the best snorkeling area in Rarotonga and they have complimentary snorkel gear for all guests. Kayaks are very popular with guests as there are four islets within a few minutes of paddling from us. There are sun loungers by the beach, under a large almond tree, and a nearby beach shower. The entire property is completely fenced, except for the beach of course. The large parking area can hold up to ten cars or six cars and eight motorcycles and is rarely completely full. There is room for a couple of rental cars and motorcycles if you want to rent vehicles for guests. The local bus also stops at the driveway entrance. Tropical plants abound on the property, including trees such as banana, papaya, mango, coconut palms, and breadfruit, and flowers such as hibiscus, gardenia, jasmine, bougainvillea, and alamander. A large garden is located in front of all the cabins on the T-shaped property.

There are several local law firms that handle business matters and it is recommended that prospective buyers consider hiring a local firm to assist them in the purchase of any local business.

No one associated with this article is in any way connected with the owner of Shangri-La and/or its agents and the content herein is provided for general public informational and educational purposes only.

Legal Law

Schools of Perfection – High Quality Training in Online Nursing Schools

In order to improve operational efficiency and instill a sense of leadership among future healthcare professionals, online nursing schools have created online nursing education programs.

Meeting the complex demands for high-quality care:

Nowadays, whether it is public or private medical hospitals, clinics and health care centers, etc., more and more emphasis is placed on quality of care and efficient service delivery. Potential employers require nurses and other health professionals to have completed an online nursing degree program from an accredited online nursing school. Online nursing schools offer programs that can be completed conveniently and easily. They are written to meet your specific goals and give you complete freedom to work on your personal commitments. The fee structure of the different online nursing schools that offer online nursing programs varies depending on the intensity and quality of the program. However, they are comparatively cheaper than traditional programs.

Online nursing schools give you full exposure to online tools that are widely used in today’s business world. If you have the self-motivation and self-discipline degree, you can complete your online nursing degree within two to three years. Employers are looking for nurses who can provide high quality care in complex situations and also in various community settings. Online nursing schools have created more specialized programs in nursing, the most important of which is the online master of nursing program. Nurses trained under this program are better equipped to handle key areas in health care units; especially emergency, intensive care units, labor and delivery units and neonatal nursing, etc.

Trained nursing services are not just limited to hospitals. Online nursing schools have created specialized programs that prepare nurses to prove themselves in primary care clinics, insurance and managed care companies, schools, military cantonments, and industries, etc. Professional nurses work as counselors or undertake academic careers and prepare future nurses or even scientists who contribute to greater efficiency in the field of medical care and health promotion. Online nursing schools are established not only to produce nurses in quantity but also adequate quantity of quality nurses who have been given good education and also proper training to meet the demands of healthcare.

Legal Law

An admission and a green card

One Easter weekend a couple of years ago a news item surfaced that could be of importance to those interested in Immigration Law as well as those interested in Evidence Law. The story came out of New York state and may have object lessons for federal immigration officials and immigrants seeking to obtain their green cards. The story involved an immigration officer who was recorded demanding sex from a young foreign woman in exchange for her granting him a green card.

Those who know a little about immigration law understand that one of the fastest ways for a foreigner to obtain Lawful Permanent Resident status in the US, that is, to obtain a “green card”, is to marry a US citizen. Under this procedure, the foreigner becomes what is known as an “immediate relative” and does not have to wait for an immigrant visa to become available, a process that can sometimes take several years. Those who know a little about evidentiary law understand that in a criminal or civil proceeding a statement is not hearsay if it is a statement offered against another party and it is that party’s own statement. This is known as an “admission.” Since it is not hearsay, such an “admission” would be admissible in court against the person who made it.

I understand? Of course yes. Now consider this.

One Good Friday in March last year, an adjudication officer from the US Immigration Service office in New York state was arrested on corruption charges. He had threatened to delay an unknown woman’s green card application and even threatened to deport his relatives if she did not have sex with him.

The woman, who was married to a US citizen, admitted that she had given in to the officer’s initial demand for sex because she was afraid of his threats. But she was smart! She used her cell phone, hidden in her bag, to record the sexual encounter and the conversation that preceded it. She was even smarter then. Days after the meeting, she went to the New York Times with the recording of her cell phone to tell her story. She then notified the New York District Attorney about the matter. The officer was arrested and suspended from his job. Most likely, the case was turned over to the feds for prosecution of him. A trial in this type of case would be unlikely. The case would be ripe for a quick plea deal and a quicker plea, in light of the recorded sexual encounter and his threats that could be used against him at trial as admissions.

We don’t really know the outcome of this particular case, but experience with the criminal justice system provides insight into the usual course of these types of cases. The officer likely would have been allowed to plead guilty to attempted racketeering and abuse of office and, upon sentencing, receive a 14-month sentence in a minimum-security federal correctional facility. Of course, he would also lose his job as an immigration officer. The woman married to an American would likely have received a green card from her and become a lawful permanent resident of the United States.

In real life, these kinds of cases only happen once in a while. In this case, the immigration officer was not very smart. As they say on the street, he literally “stumbled” on his own manhood! During his likely sentence of a 14-month trip to a minimum-security federal correctional facility, the officer would not be locked in a single cell, but instead would be in a dormitory or “capsule” that would have a large gathering space for inmates. known as the “day room”. Every day that he would be incarcerated he could, perhaps, “travel” to the prison day room and do penance for that “trip” that sent him there. Many would have done it before him.

Legal Law

Best Job Oriented Courses After Graduation in Commerce

Let’s look at some of the courses after graduation:

Regular postgraduate courses:

Master of Commerce (M.Com):

Most of the students after completing B.Com choose this course after graduation. This is a 2 year course and students choose this course in various streams like Business, Accounting, Finance, Tax, Marketing, Economics, Management, etc.

Job Opportunities: Upon completion of this course after graduation you can join Nationalized Banks as a PO or Customer Relations Executive, Business Law Assistant, Junior Accountant, Insurance Companies in Loan Officer. Etc.

Masters of Business Administration:

This is another popular course after B.Com. This 2-year course can be taken only after you graduate and pass your entrance exam and group discussions. After your B.Com you can take Financial Management, Marketing Management, Human Resource Management, Systems Management for better job prospects.

Master of Management:

You do not need to choose MBA to earn this. This post-graduation course is another two-year program to address particular areas of business such as marketing or accounting. It is provided in several well-developed countries.

There are various career options such as Company Secretary (CS), Chartered Accounting (CA) and Labor Accounting (CWA) which offer lucrative salary packages.

Eligibility Criteria:

If you want to be a part of ICAI, you must become a B.Com graduate with a minimum of 55% grades and you must complete three years of the course. You should also take communication and management courses. CWA is ideally a three year course if completed in one session.

Job opportunities:

After this course, you can accept jobs in financial institutions, private and public sector banks, government departments, international organizations, multinational companies, investment firms, etc.

new courses :

Diploma in Banking and Services: 2-year diploma offered by IFBI

Certified Financial Planners – Duration from 6 months to 1 year offered by various financial institutes in Mumbai.

Certified Bank Manager Program – 2 Year Course Offered by IBMR, Hyderabad

Project Finance Certificate Course: Offered by two institutes in India: IIBF, IFMR

CRISIL Certified Analyst Program (CCAP): 2-year course offered by CRISIL Research Company.

International Courses for Graduates in Commerce:

If you want to work in multinationals, you must take international courses after graduating in Commerce such as:

Certified Management Accountant (CMA): Offered by the Institute of Management Accountants (IMA). It offers financial analysis, planning, control, professional ethics, etc. There are two exams you must pass in this course.

Certified Public Accountant (CPA): This course has a good quality standard anywhere in the world. The course and exam are conducted by the American Institute of Certified Public Accountants (AICPA).

Association of Chartered Certified Accountants (ACCA): It is similar to CA. There are 14 documents to pass this exam.