Sunday, October 11, 2009

Create Information Products - Secrets to Promoting Your New Information Product

Create information products to make a profit online is only part of the equation. The success of your online business depends hugely on your promotion efforts. Here is some tips on marketing which you can use to launch your information product and get sales.

When you have an idea to create information products, you should also think about your marketing activities at the same time. It will give you a good start on how to go about with your marketing plan and what to add to your information product to make it unique.

When the website, sales letter, ebook, autoresponder series and download page are finished, it is time for the real work to bring the money in. The following are some activities which successful internet marketers use to promote their new product.

1. A Marketing Plan

You need a plan on what you need to do to get the word out there. Make a list of possible tasks you need to do to promote your website online.

These tasks could be issuing a press release, writing articles, search engine optimization, creating videos and creating targeted blogs.

With a list of possible marketing methods, choose several which you are comfortable with and are willing to work at.

Next, think about when you will perform these marketing activities so that you have a plan of attack. You may come up with extra ideas such as writing articles and converting all of them into videos and submitting them to video sharing sites.

2. Convert visitors to buyers

With your marketing plan confirmed, you need to take a good look at your overall work flow to see how your visitors become buyers.

If your visitors find your website via the search engines, what are the words in the title and description that they see? Would it make them curious to click through and read about your product?

You also need to look at your autoresponder series. Put yourself in the prospect's shoes and see if signing up to your newsletter and reading your autoresponder messages will actually make you want to buy the product.

There are many areas in your website that will affect the visitors' decision to buy. Take a clear look and make improvements to areas which you think are important.

3. Joint Ventures

After the marketing plan and conversion tasks are done, many marketers will carry out the promotion techniques listed in their plan and see the conversion rates. i.e. what percentage of targeted visitors will buy the product.

With these statistics, approach other business owners who are in the same niche and ask them to promote your information product. Tell them about the conversion rate and how much commission you are willing to pay them per sale.

Looking for joint ventures is your primary task as a business owner. You can market your product to other people's list and it will help you bring in many sales that would be impossible to achieve by your own.

4. Getting Affiliates

Finally to explode the sales of your information product, create an affiliate center within your website. An affiliate center is a place where marketers or customers of your product can sign up and promote your product for commissions.

This affiliate center is necessary to give ready-made tools to affiliates so that they don't have to spend too much effort in promoting your product to their list.

Your affiliate center should contain banners, blog posts, articles, emails, tweets and pay per click ads to make the affiliates' job as easy as possible.

It is possible to attract super affiliates to promote your product with your affiliate center and bring in hundreds of sales overnight.

So the work doesn't end with the ebook when you create information products. The real profitable activity is with the marketing. So take the advice above and start building an affiliate center for your information product to get those super affiliates on board.

Selling to Information Online Business Owners: Types of Information They Look For

Any online business owner wanting to succeed off the internet will be looking for many types of information to gain an edge on their competition, and turn more profits. There are tons and tons of resources that could be available to them, so tap into that market and hand them the solution they desire.

What exactly do they want to know about?

Here are some topics online business owners scramble to find information on:

1. Article writing- Those just starting out, probably won’t have much money to budget to have someone write their materials for them. In this case, they look for information on how to write articles, or other content, themselves. This helps them to save money and drives traffic to their sites.

2. Finding a niche- Early on, they learn that by narrowing down their target audience, they can increase their chances of making more sales. Niche marketing provides them with that, but they don’t always understand how niche marketing works and how they can use it efficiently.

3. How to Drive More Traffic- We all know that in order to increase our sales, we have to be able to increase our website traffic numbers. They look for information on how to use the best techniques possible to boost their traffic numbers.

4. How To create a Website That Sells- Every online business owner wants to sell their products and they know their website will do that for them. What they don’t know is how to create one that will appeal to the target audience to keep them at their site long enough to purchase something. Anything that offers them with some awesome tips and tricks on this subject will push them to want to buy.

5. Market Research- They’re taught to get to know their target audience and find out what they want and don’t want. What they don’t always find is information on how to perform their market research or where to go to find it.

6. Search Engine Optimization- Website owners are always looking for powerful, but inexpensive ways to optimize their sites so the search engine will rank them high in the results. They look for those inside tips wherever they can find it.

7. How to Use PLR content efficiently- Online business owners will take advantage of PLR content whenever they can and use them to get more business. They start to realize that you don’t just slap them up and they rake in the dough. There are certain ways they should be used for maximum results, so these business owners will want to find information on what they should be doing with their content.

8. How to Build a Brand- In order to get your business well-known within the internet community, you need to have a powerful business brand. Its one thing to come up with a brand, but it’s another story to build a brand that packs a punch. Providing them with the tools necessary to create a successful one could pack your wallet.

9. Learning how to Market Your Business Inexpensively- Most business owners search for this topic. We all want to execute the best Marketing strategies, but not too many have the mega budgets to accomplish some of them. They will scour the net for tips on how to market without spending much money.

10. List Building- This is another sought after topic. People want to know how to get one started and how to utilize their email marketing campaign to get repeat website visitors. Since there are many articles that state that a visitor must come back to your site a few times before they decide to buy; a website owner wants to know how they can effectively make that happen for their business.

There are many, many more topics out there that people have a need to learn about and a Desire to find information on.

Tips & Buying Information on New, Refurbished & Used Gondola Shelving Information.

SuperShelves.com retail display gondola shelving helps you showcase your best products in the best possible manner. Adding new racks of all sizes and different colors can make your business flourish with a whole new look. This can be done very affordably, too, because retail display shelves by Easy Rack can be purchased new at wholesale prices or used at discounts of up to 25-49%.

Getting creative with your layout can make your store appear larger than it really is, and give you a better chance of competing with very large retail chains. Gondola shelving displays play a very important role in all of this, because if they look warped or chipped, the value of your products looks diminished by association. On the other hand, putting up new store racks that offer a more attractive framework for your merchandising is an ideal way to promote sales during Christmas and after Christmas.

One of the great best things you will discover about SuperShelves.com retail display shelves is the degree to which you can adjust them. Each individual shelf can be moved to any vertical position you want. Because these shelves can support 350 pounds in weight, you can move middle shelved down a bit and showcase bigger, more expensive products at the top without fear of collapsing the display or warping the shelves. That’s not all you do with these retail shelving displays, however. You can also adjust the depth of each shelf anywhere between 12” and 22”. This is very important if you are in a small or mid-sized store with overhead ceiling lights. Because shelves of equal length will block light on its way to the floor, it is necessary to vary the depth of each shelf so that an even distribution of lighting can be achieved, and so that all colors, labels, brands, and prices are clearly visible to shoppers.

Another great benefit you will receive from these retail display shelves is the ability to put them almost anywhere in your store. Since each basic unit measures only 48” across, it is easy to fit single-sided racks into tight corners or empty spots along the wall. Or you can lock both single-sided retail display shelving and double-sided shelving together to create aisles and wall racks of any length.

Space management is the key to long term success and higher profits when it comes to retail display shelving. Knowing where to It helps us help you if you can email or send us either a blueprint of your store or photographs of its interior that will give us a visual frame of reference to work with.

If you purchase several different wall and aisle shelving sections of varying heights, you can create a sense of décor that surpasses color and layout by using the size of the shelves to separate product types and draw the eye to where you want shoppers to concentrate most of their attention. This type of space management and planning is a strategic key to higher profits and a service we offer to any serious inquirer who is interested in new or used retail displays by SupershSlves.com.

Prepaid Legal Marketing Secrets- How To Grow Your Prepaid Legal Business The Easy Way

When it comes to growing your Prepaid Legal business, there are a few things you should know. After reading this information, you will know exactly how to grow your Prepaid Legal buisness the easy way. Even without having to bother friends and family.

Prepaid Legal Marketing Secrets #1: You have to understand the benefits of using the services offered by Prepaid Legal. Whether it's legal protection service or identity theft, knowing the benefits of each one will help you understand who will pay for these services. By doing this, you will attract people who wants added security from the services offered by Prepaid Legal, and they'll join you in growing your Prepaid Legal business.

You can also figure out how the benefits of the protection offered by Prepaid Legal by looking at how it has helped you. Or your upline, downline, or someone you know who have benefited greatly from the service. This will help you understand who will purchase the services from you and join you in your Prepaid Legal business.

Prepaid Legal Marketing Secrets #2: Understand who your target market is (or people who have a need or want for what you have to offer). This will be people looking for protection. Or maybe someone who wants legal protection in their corner 24 hours a day, 7 days a week.

Or people who have a fear of someone stealing their identity. There are hundreds and thousand of people out there who wants your service. Once you figure out who your market is, you'll be able to help protect hundreds of people. They will be so excited about the service, that they'll join you in your Prepaid Legal business.

I will say this, though. Not everyone will want your Prepaid Legal service. And not everyone will want to join your business. Don't worry about it. There are hundreds of other people out their waiting on your help. You just have to find them. Or better yet, have them find you. And from time to time, you'll be able to attract some "heavy hitters" into your Prepaid Legal business. They will bring with them hundreds of people into your Prepaid Legal business. This will make it fun and exciting in growing your business.

Prepaid Legal Marketing Secrets #3: Once you understand the benefits of using Prepaid Legal service and who you're target market is, you should automate this process. This will allow you to show your downline what to do and how to do it. This will allow you to help protect people and allow them to help you in growing your Prepaid Legal business. This is how you will grow your Prepaid Legal business the easy way. You wil be able to add dozens and dozens of people into your business each week, every week.

This will not only give you a deep sense of gratitude, you'll have people whole-heartedly thanking you for taking the time out to help them. And remember, the more people you help, the more money you make. So help alot of people, and in return, you'll make alot of money.

Use these marketing secrets to grow your Prepaid Legal business the easy way. These secrets will not only help you grow your business, but help you attract the right people to you.

Legal Highs - A Closer Look At Legal Herbs.

Normally legal herbs are also referred to as legal alternatives to marijuana. Basically legal herbs are different varieties of plant species that can be either smoked or burned like incense to produce a sense of well being, and for some individuals, euphoria or a mild marijuana like effects. Comparatively speaking, marijuana alternatives like legal herbs are less expensive their illegal counterparts, and are agreeable to smell without any noxious odors.

One can purchase different strains of legal herbs that are available from online retailers for very reasonable prices. These vendors feature legal herb varieties that are a potent, pleasurable alternative to tobacco products, and are available in different forms also, for instance buds, blends and smoking herbs.

Retailers of legal herbs carry similar; Marijuanilla, Kanna, Blue Lotus, Wild Dagga and Damiana are few of the well-liked legal herbs and each one of them is said to have different therapeutic actions.

In the case of Damiana, it is said to act as a mild aphrodisiac and creates a feeling of euphoria that can go on up to 1 ½ hours. This also acts to stimulate the genito-urinary tract. Whereas Wild Dagga and its close relative Marijuanilla are dubbed as the best legal herb alternatives available; both generate a pleasant euphoric effect, and the smoke produced is smooth and pleasant tasting. A potent legal herb, Kanna has been around for centuries as a mood enhancer and is related to St. John’s Wart, which is mainly used to treat depression. It is a good idea to check first with your doctor, especially if you are taking any medications before you use any type of herbal or dietary supplement.

Just like any other smoking substances there are certain risks involved when inhaling or burning any type of legal herb. As with a majority of combustible substances, the tars and toxins of the plant are prone to be released into the air or into the lungs. Any substance that has been smoked regularly has been shown to have detrimental effects on health; as a result moderation is the key. In spite of the occasional use of legal herbs has not been linked to any long term health effects, but just as with anything, use with care and common sense.

If you would like to learn more, you can purchase a copy of “Legal Highs: A Concise Encyclopedia of Legal Herbs & Chemicals with Psychoactive Properties” by Adam Gottlieb, to view a complete listing of a number of substances used by people around the world for various reasons. Definitely worth checking out!

Family Legal Decisions: Legal Separation or Divorce?

When their marriage is on the rocks, some couples are reluctant to jump directly into a divorce in the hopes that the problems can be resolved. They search for alternatives that will allow them time apart to review their situation and to have time to determine if a divorce is the only solution to their marital issues.

Some couples think that a Riverside county legal separation is this time out of sorts from their marriage and the alternative to divorce that they have been searching for. However, a Riverside county legal separation is not a minor undertaking as some may assume. There is a large amount of decision making that couples must go through and a legal separation can be just as stressful as a divorce. Family law is available to help with this process though and can assist with the decision on which is the best action for the spouses to take.

A Riverside county legal separation involves legal action within a court, much the same as a divorce settlement, only, in the end, the couple is still married. When a separation is filed, the court is given the authority to make rulings regarding the marriage. These rulings can include the division of marital assets, assigning custody and stipulating support payments if children are involved, and deciding who will be required to pay what debts. Although a legal separation involves many of the same actions as a Riverside county divorce, the spouses are required to file additional paperwork to turn the legal separation into a Riverside county divorce if the separation does not produce the results they were seeking when entering the situation.

Unlike a Riverside county divorce, both spouses have to agree to the Riverside county legal separation. Additionally, unlike a divorce, there is no waiting period to complete a separation. There are several reasons why separations are chosen instead of terminating marriages. Some reasons why spouses choose a separation instead of a divorce include religious views (if divorce is against their religion), and also if a spouse is in need of ongoing medical attention and needs to remain eligible for medical insurance that would be lost in a divorce.

In addition, unlike a divorce, after a Riverside county legal separation is completed, a marriage is still in effect, although it is only in name. This means that, although the responsibilities of a marriage are no longer required of the spouses, neither spouse will be able to remarry unless a divorce is completed.

Family law can help a great deal in deciding whether to file for a Riverside county legal separation or a divorce. There are many factors to weigh and a legal professional is equipped with the knowledge to effectively address those factors. A legal separation is not just a time out from a marriage and family law can help spouses understand this and take the action that is appropriate for their situation. It is a stressful time when marriages fall apart and spouses have many factors to weigh before they choose the route that is best for them.

Finding Law And Order Online- Building A Legal Information Resource

What do you do if you find yourself, suddenly, in a legal bind? Who do you turn to if you do not have the slightest idea of your rights as a citizen and you do not have your own lawyer? Believe it or not, lots of folks have been caught in this kind of a jam. But lucky for them, more often than not, the solutions are no more than a click away.

A resourceful legal website is certainly beneficial to anyone who needs quick and accurate information about a law suit or anyone who wants to learn more about legal matters. Since people are accustomed to logging on to their computers for all sorts of reasons--to read breaking headlines, check the weather forecast, download recipes, and book airline tickets etc.—it is logical to think that they would turn to a computer when searching for answers to a range of legal concerns.

What is more, a website is an obvious way to promote your company and attract new clients. There are numerous elements that could appear on your site. A full-fledged site defines your company’s mission, explains its background, introduces its employees, and lists contact information. But you can also include several different elements. Consider the following:

- a dictionary of legal terms
- a variety of legal forms
- a directory of lawyers (organized by specialty or geography)
- FAQs and an “Ask the Expert” column
- links to articles covering timely lawful issues
- legal case histories

No matter what your company specializes in, a website can be tailored to cover your areas of expertise. It is also possible to make it as interactive as you desire. Perhaps you want to link to lively message boards and current blogs, or offer the opportunity to have live chats with lawyers. Whatever elements you include, the ultimate purpose of a functional, practical site is to provide information in a way that is as accessible and helpful as possible.

Let’s face it, the ordinary citizen is pretty clueless when it comes to determining lawful behavior, be it at home, at the office, at work, or at play. While we all have an idea of what is legitimate and permissible, most of us don’t grasp the exceptions to the rule or understand the fine print.

Of course, it is impossible to cover every aspect of the law on one website and it is impossible to list all the fields of interest here. But a carefully constructed legal website can, indeed, be a source of comfort and a fount of information for the general public. Here are a few examples of the subjects you might choose to address on your website (either in depth or in a general manner):

- Bankruptcy laws
- Accident insurance
- Copyright law
- Entertainment law
- Investment law
- Criminal law and criminal procedures
- Discrimination laws
- Employment laws
- Family law

It is about time the field of law earned a positive reputation. Your company can blaze the trails by putting up an attractive, effective site that not only showcases your services, but also bestows valuable knowledge on those in need.

Solicitors Liverpool Information and Legal Advice

If you need information on legal advice you could use the traditional method and thumb your way through the yellow pages and randomly select a firm of solicitors. Alternatively you could go online and get legal advice online by completing an enquiry form which will incur no costs or obligation.

You could also obtain legal advice by phone or in person. It is not always necessary to actually meet with a solicitor face to face. This will depend on the nature of your needs. It is possible to bring a successful accident personal injury claim without meeting the solicitors. After an initial online, phone or face to face appointment the expert legal advisors will explain the next steps you may need to take. You chose which is the suitable communication method for you.

The key advantage of choosing a firm of solicitors who are available online is the benefit of being able to view the full range of their services. Reading reviews from other people who have been satisfied with the outcomes and service they received can offer confidence.

Many solicitors will happily provide information regarding divorce and family law, commercial litigation, will preparation and personal no win, no fee personal injury claims.

Specialist solicitors who have built a professional reputation in providing a wide range of high quality legal services are widely available in all major towns and cities throughout the UK. Many have offices in a number of different cities. These are able to offer a professional and affordable solution to meet individual advisory legal needs.

If anyone you know has been arrested they will be entitled to representation free of charge at the police station they are going to be interviewed. Criminal defence lawyers are available any time of the day or night to defend your rights and offer advice and assistance.

Choosing a firm of solicitors which have a partner who is a higher court advocate means that you will have the solicitor throughout a prosecution and court hearing. They will guide you through the processes and protect your best interests at all times.

If you have been accused of benefit fraud you will need the advice of experts who are nationally recognised in dealing with this type of fraud. They will work to assist you through the fine details and even represent you in court if necessary.

The whole world of interviews, arrests, divorce or court appearances can be very stressful. You will need to find a firm of specialist defence lawyers or expert legal advice from a solicitor who will act in your best interest at all times.

Solicitors who are recognised by the regulatory bodies can also offer you peace of mind. These solicitors are governed by the solicitors’ rules and regulated by the Solicitors’ Regulation Authority.

When you need expert advice use the services of solicitors who provide a personal service and act in your best interest when providing legal advice or representation in court. Go online to find solicitors Liverpool and either phone them or fill in their online enquiry form. Ask them to contact you at a time most suitable for you, to discuss your individual circumstance and needs.

Asbestosis Legal Information - Should You File A Lawsuit?

Finding asbestosis legal information isn't as difficult as you might think. Because more and more cases are popping up in the world, more resources are available for handling this problem with asbestosis legal services.

What you need to know is there are laws and regulations that are supposed to protect workers from asbestos in the workplace.

Toxic Substance Control Act (TSCA)

This two part set of regulations creates the asbestosis legal information you need in order to file a claim against your employer. In this act, employers are supposed to provide a healthy working environment in which you will not be exposed to asbestos or you will be exposed in a minimal fashion. Employers are supposed to give the employees protective clothing and other tools in order to keep them from inhaling or swallowing the fibers.

The second part of this asbestosis law issues an asbestos emergency response system. In the event that asbestos exposure does occur, the employer must act accordingly or be a target for an asbestosis mesothelioma legal claim.

Other asbestosis legal information includes:

Code of Federal Regulations and Federal Register Notices

These notices can be printed out easily and handed out to employers and employees for their reference. In doing so, the employer will be acknowledging that they know the rules of dealing with asbestos exposure and will need to make changes as needed.

But your main concern when it comes to asbestosis legal information is whether you have a right to file a claim.

What you might want to consider is what you did to protect yourself and what your employer did to protect you as well. If your employer made certain tools available to you – protective clothing, a respirator, and instructions on how to keep your work space clean – they have given you the things you need to keep yourself healthy. If you did not choose to follow these guidelines, you are the one at fault for your exposure.

However, if your employer has not made any attempts to try to protect you, you might want to see asbestosis legal information and guidance in order to file a claim against them for negligence.

Miami DUI And Florida DUI Legal Information

You’ve Been Arrested for DUI in Florida – Now What?

Being arrested and charged with a DUI is a terrifying experience, and perhaps the worst part of the situation aside from the consequences you face is that you have no time to deal with the problem. You need to act fast and decisively if you are arrested for DUI in Miami, and below is a brief look at how to proceed in furtherance of the defense you and your Miami DUI lawyer will build on your behalf.

Be Polite with the Officer

The worst thing you can do if you are pulled over for a suspected DUI is to become antagonistic or abrasive with the officer. Do not act in a confrontational manner, and do not do or say anything that the officer doesn’t specifically ask you to do or say. You will only arouse suspicion of you act that way, so treat the officer with respect.

Gather the Facts

If you are arrested for DUI, you do have the Constitutional right to speak to a Miami DUI attorney while you are being questioned. However, many DUI arrests do not involve any sort of interrogation at the precinct, and basically they’ll write you the citation and send you on your way. When this is complete, make sure that you immediately write down everything that happened that led to your arrest, as it will be much easier to recall certain facts if they’re in writing. Do not edit yourself – you never know what fact will become crucial to your defense.

Administrative Proceeding

One of the most overlooked, but critical, components of every DUI proceeding is the administrative hearing that occurs with the Florida Department of Highway Safety and Motor Vehicles. This hearing will generally occur within a few days of your arrest, and you are required to be present at this hearing, which will determine whether or not your driving privileges will continue. Failure to respond or appear at this hearing will result in an automatic revocation of your driver’s license.

Legal Proceeding

Even with the administrative hearing in place, you obviously still need to work with your West Palm Beach drunk driving lawyer to make sure that you mount as strong a defense as possible. You and your attorney will look for problems with your arrest, your questioning, your field sobriety test or any other reason that the arrest could be seen as problematic in terms of the Constitution. These are only a few examples of what could be done to bolster your case, and the specific strategies you’ll use will depend on the facts of your case.

Regardless of what happened or how it happened, one thing that you need to understand is that if you have been arrested for DUI in Florida, you need to act immediately and aggressively to protect your rights.

Contact a Miami DUI Lawyer

When you’ve gathered your facts, contact an attorney immediately. He or she will be able to help you organize and analyze the facts that led to your arrest, and he or she will also be able to help you identify the issues you face. You will need an attorney to fight for your rights in every respect, and this is definitely not a situation in which you should attempt to fight your own battle – you need legal representation to make sure that none of the rights available to you go unenforced.

Sunday, August 30, 2009

Exploring Texas Patent Infringement Lawsuits

Texas has found its place on the map as a hot spot for legal action, particularly for patent infringement lawsuits. Texas lawyers are very busy, and with good reason. Texas lawyers are moving the patent infringement lawsuits in Texas along faster than any other state. Patent infringement in Texas is not necessarily that high, but the number of cases in Texas comes in well over the national average.

Only the central District of California will handle more lawsuits than Texas, and this is big news for small towns in Texas. Texas lawyers have been able to expedite cases, and thus Texas is making its mark on the map with major corporations as the place to be for a lawsuit.

Resolving cases of patent infringement in Texas means less down time for the companies involved, and means big business for small towns of the Lone Star State. Hotels, restaurants, and other small businesses are benefiting well from the onslaught of lawsuits involving patent infringement in Texas.

Texas lawyers are handling the bulk of the cases, typically representing the claimants, while patent lawyers from New York, California, Colorado, Maine, Florida, and Oregon have all gotten a reasonably well paid tour of the state of Texas.

The Texas courts have seen the parade of Texas lawyers as well as their national counterparts and maintain the expectation for more in the future. With the national increase in lawsuits it is completely believable that this year Texas lawyers will top their current record of 234 cases in the Eastern District alone.

With patent infringement in Texas becoming such big business for small town America, you would think the big cities were missing out. Not at all. The large cities such as Houston are certainly holding their own in the count of cases coming through Texas. So why is there such a heavy interest in bringing it to Texas?

Texas has a much higher claimant award average than anywhere else in the country. While several sources quote various numbers, the conservative figure is 78% of cases are judged in favor of the patent holders which is quite a difference from the national average of 59%. Investigations into this high number has come up with generalized reasoning.

The Texas juries which were polled stated that they made their decisions based on the letter of the law, not a "loose interpretation of the law" as some state they were asked to do by the defense lawyers. Others state that the cases are just so obvious, that it was very clear that the patent violators knew or should have known that the patent was already in existence.

Cases regarding patent infringement in Texas are expected to grow, and Texas lawyers are prepared for the job. Just as the cases in Texas are agreeably sized as everything else in Texas, so are the verdicts. Cases involving it in Texas are subject to judgment awards as large as everything else in Texas. Some Texas lawyers state that this is due to the understanding of the potential financial devastation that stealing from another company can bring. Texans seriously look down upon stealing, which is what most patent infringement equates to.

Obviously, Texas lawyers are quite skilled at what they do, and when it comes to protecting patent rights, skill of the lawyer means everything. Patent infringement in Texas means results for claimants. Texas lawyers are serious about the results they bring in for their claimants. Thus, it would make sense that if you're in need of a patent infringement lawyer and are in need of results, Texas would be the place to look.

After such a high peak in Texas patent infringement cases, it would be reasonable to believe that the peak is over, and that there will soon be too many Texas lawyers, But the truth seems to be revealing itself a bit differently, as patent infringement in Texas is still only second to the central district of California. What does this mean for the future of patent infringement in the United States? Only time will tell. But as of right now, if you're in need of a lawyer, the place to be is, or course, Texas.

Taking Your Auto Accident Case to Court

Your auto accident lawsuit is the biggest thing on your mind almost all of the time. Everyday you come up with more questions and new scenarios to ask your auto accident lawyer about because you feel you need to win this. You believe you need to win this not because just because you're falling farther behind in the bills and you still aren't sure when you'll be able to return to work, but because the other driver was so incredibly out of line with his behavior behind the wheel and after the accident, there is no other form of justice out there for you.

The opposing side has offered you a fair injury settlement, but you turned it down based on principle and your auto accident lawyer's judgment that a jury would hear your side loud and clear. You can't sleep because you wonder about your auto accident lawsuit, you worry about the bills, you're scared of how your physical condition may or may not progress. Your life has been turned upside down by one driver's reckless thoughtlessness, and you've been left to deal with it.

Turning down a personal injury settlement was a big step for you. You and your family could have sued for the money now, but there's this part of you that knows your auto accident lawyer was accurate when he told you that juries are offended by people who lack compassion for those they hurt, and the other driver has seriously lacked compassion for you since the moment you were pulled from the mangled car alive.

There isn't a personal injury settlement that he could offer that would erase the nightmares you've had or the depression your kids have watched you go through. And he never even apologized for the accident, a simple human courtesy and it was too much for him. You're angry. You wonder if you turned down a good deal when he offered the personal injury settlement because you're angry at what this has done to your life.

It's 3 o'clock in the morning and you desperately want to call your auto accident lawyer and ask him if that's what you did. You want to make wise decisions right now, not ones based on anger. By 4 o'clock you will have realized that you turned down the personal injury settlement offer because you knew in your heart it wasn't a fair offer.

Taking your auto accident lawsuit to court will be a continuation of this roller coaster ride that has kept you awake at night for months. Some days you feel ready and you can't wait to get this all behind you and other days you don't think you'll ever be ready and you secretly hope that the day to go to court will never come.

You have the utmost faith in your auto accident lawyer, and know that they are competent. You have asked every question you could possibly think of and your auto accident lawyer has answered them all patiently, directly, and as honestly as possible. Your auto accident lawyer discussed the personal injury settlement offer with you several times from various different angles, and you know in your heart that your auto accident lawyer was giving you solid advice.

These emotions, the fear, the anxiety, the stress, and the chronic questioning will eventually dissipate, although for many people, the roller coaster doesn't end until the auto accident lawsuit does. It is a big deal when your life is changed beyond your control, and your only recourse is an auto accident lawsuit. You have the courage of your convictions to take it to court, and you are comfortable with your decision.

In the event that the stress of an auto accident lawsuit is inhibiting your sleep or you are chronically concerned about a personal injury settlement offer you turned down in favor of taking your auto accident lawsuit to trial, you may want to seek a little professional counseling.

These things are very stressful, and no matter how competent and wonderful your auto accident lawyer is, a huge stressor is exactly that. There is no shame is determining that the stress of taking your auto accident lawsuit to court is costing you sleep. Sometimes talking about the accident, how it changed your life, and where to go from this moment on is the healthiest thing that a victim can do. Obsessing about your auto accident lawsuit isn't going to help.

Finding a balance, understanding your reasons for declining a personal injury settlement offer, and knowing that there is joy in the world even if you aren't awarded a dime is the healthiest place you can go. Once you can positively deal with your auto accident lawsuit, it will turn out much better for you.

Car and Truck Accidents and Whiplash Injury

Car, truck, and other vehicle accidents often result whiplash injuries. Whiplash injuries occur at various speeds and even low impact collisions have shown to cause whiplash and other soft tissue injury. What usually happens is that soft tissue is stretched beyond its elastic limitations, meaning it reaches a point when it loses its elasticity and cannot rebound to its normal position.

Whiplash injury occurs in car accidents when a person's vehicle is applied force usually, by another vehicle. The head is pushed in one direction and then when the vehicle is stopped the head is pushed in the opposite direction, this is what causes the soft tissue around the neck to stretch, often beyond its elastic limitations, this is often a source of not only neck pain, but also headaches.

Seat belts have been effective in saving lives, but there are also studies which indicate that the very same seat belts increase the risk of whiplash injury or injury to the neck. The seat belts keep the body and place, but the head is left with no protection and the rotation and forces applied to the head cause strain and injury to the neck. In at least one study it was determined that accident victims were more likely to suffer cervical injury (neck) when they were wearing seatbelts by a factor of 1.58 to 1.

Insurance companies often rely on engineers to testify in court concerning the forces applied as a determining factor as to whether or not there is injury. More often than not there is a reference to Delta-V, but studies have shown that injury cannot be predicted solely by knowing the delta-V of a collision. Even under controlled conditions the delta-V was insufficient to determine whether an injury would occur or not. Delta V is simply an equation taken from physics showing a change in velocity.

The typical crash analyses involves an engineer looking at pictures of the crashed car and then looking at a repair estimate to determine how it compares to similar cars or the same model car that have been crashed tested. The biggest problem with this analyses is that it is comparing apples to oranges. The crash tested vehicles are generally tested against a solid wall, where the actual crash for the injury claimant has crashed with another vehicle. The tested crash is under control conditions and the crash is done with great care. The real world crash has no such conditions. The timing in the crash is different for each crash the location of the damage varies. The angles of the vehicles at the time of the collision, the seating position of the driver and passengers, and the direction where the persons face varies in every single accident.

Injury cannot be predicted for any one individual because individuals vary greatly. Everyone has a different posture, different tensile strength of the ligaments, a different position in the vehicle at the time of the collision, different spinal canals, a different nervous system, and reaction to stimulus. Any one person can also change from month to month, maybe one started exercising three weeks ago, or changed the diet substantially, or had another injury, or over stressed the body.

Insurance companies nonetheless relay on these engineers to testify consistently on claims that low impact collisions cannot cause injury. Accident reconstructionists often use software to calculate speeds of impact by looking at several factors, sometimes just pictures. The software is usually not accurate enough for low impact collisions and the results can vary in extremes from engineer to engineer. The calculated speed for the collision varies greatly depending on how the calculations are entered, most software cautions that it is not reliable for low speeds and studies have shown that these computations are unreliable. The results also vary depending on the relationship between the engineer doing the calculations and the insurance company paying the tens of thousands of dollars to the engineer.

In addition to the engineers, insurance companies also hire medical doctors and chiropractors to render opinions. Opinions which are more likely than not biased.

General Information about Patents

Patent infringement is a serious offense in the United States. It can lead to serious damage awards if the case goes to trial. Often in cases of it, research by the offending company was previously performed to avoid it. However, often patent infringement happens when a company believes they are not directly violating certain laws.

For the purpose of clarity, we will discuss it as it pertains to a fictitious weight loss candy. Weight loss candy that has been marketed as candy that encourages weight loss and has been patented now holds the market on the ingredients and the concept, as well as the brand name and labeling.

The most obvious form of it is a company who creates the same product as a previously patented product and markets it as their own. Laws can get confusing when you consider that the development of products turns into development of more products. Obviously someone developed fabric softener.

Obviously, there have been many fabric softener developments along the way considering the ample fabric softener choices there are in the store today. Patents on the initial product only last for a certain amount of time, however patent infringement can happen even after it is acceptable to reproduce varying brands of the patented product. The new product can not have the same exact ingredients as the original product and it can not be marketed as the exact same product.

It can occur in several ways. Another company introduces a candy that does not necessarily encourage weight loss, but the packaging of the candy induces the consumer to believe the product is the same or similar to the initial weight loss candy. This is known as induced patent infringement.

Induced patent infringement relies on the principle that the company does not need to actually create a product that infringes on the patent rights, it only has to be presented to the consumer as a patent infringement. The candy, which may or may not encourage weight loss, is packaged in a manner that allows the consumer to believe the candy will encourage weight loss.

Induced patent infringement relies on the company's ability to hide behind the fact that the product is not the same as the patented product. Packaging is usually carefully worded to argue that the intent of the packaging is left up to the consumer, however, this tactic usually doesn't work. Induced patent infringement is usually obvious despite efforts that may be taken to avoid being suspected of it.

It can happen when someone redevelops a product already in circulation in another country, or if there is a patent pending on a product. Patent infringement on a patent pending product is really a matter of legal hair splitting. If a patent is pending, it does fall under protection. Patent infringement on a patent pending item can happen accidentally, however, most products that are marketed under a pending patent are marked with a patent pending obvious wording.

This can happen either accidentally or with deceitful intent. Intentional patent infringement, also known as willful patent infringement, can carry very high damages awards. Willful patent infringement is often committed with full knowledge and an intentionally deceitful marketing plan. This can include intentionally misrepresenting the product through packaging, advertisement, or even ingredient labeling. Willful can end up closing down major corporations.

These cases are definitely on the rise. This is in part due to the increase in marketing and research capabilities provided by the internet. Patent infringement awards tend to be some of the highest awards, if it was willful and the companies involved are both able and willing to take the case to court.

Patent infringement happens with large companies, small companies, and companies that are barely even on the radar screen. Unfortunately it is becoming more popular and more harmful. Patent infringement cases are becoming much more prevalent in the court room.

However it is important that those who have been victims of it, either via willful or induced, stand up and reclaim what is rightfully theirs. Patent infringement laws do help to better our society by providing financial motivation for the especially creative individuals to create products that make the world a better, safer place. Thus it is worth valuable time, money, and energy to seek out those who violate laws and hold them accountable for their actions.

When Doing Your Own Rental or Lease Agreement Don't Miss The Details

When renting or leasing rental property you should take into consideration many different factors. First think about everything that is important to you. You should address everything that is important to you to the smallest of details. For example do you care if the tenant smokes ? Do you care if they play loud music at 2 a.m. ? Do mind if they use your apartment for prostitution business? What if they use your property to grow marijuana plants ? Or perhaps they store used motor parts that leak oil and other fluids. These are big issues for most people, but there are also little ones that may be important to you.

There are also issues which you might not consider, because you think everyone uses common sense. Usually people use common sense, but even those that appear the be normal can have their moments of insanity. For example a husband and wife team rented an office space that they accidently set on fire after attempting to cook some fish on a BBQ grill. People do not always use common sense, there have been incidents of people dying after using a mixture of ammonia, bleach and other chemicals to clean the bathrooms. I know of one incident where a woman passed out after mixing household chemicals. She was hospitalized and then upon release she went to finish the job and died.

Regardless of whether the property is residential or commercial property the same is true for each when addressing your concerns. The laws differ between commercial and residential property and even within each of these categories there are subcategories. The laws for example may differ between an apartment, a house, a condo, a mobile home, and a boat home. Despite these differences, you can still account for things that are important to you and add them to your lease or rental agreement.

Some people attempt to save money by using pre-printed forms and then add their provisions, or prepare their own lease or rental agreement completely from scratch, but you should consider using an attorney especially if there is a substantial amount of money involved. If do you the lease agreement yourself be sure you say it correctly and avoid any ambiguity. If there is a chance for a different interpretation than your own, you may have trouble down the road. Write the provisions down and then review it a few days later to be sure they still make sense to you. I have received many phone calls from people in trouble after the fact. The best thing is to do it right the first time, so speak to an attorney first.

If there is a problem during the tenancy, be sure to address it quickly. If you need to evict someone for non payment of rent, do it quickly. Give the three day notice to quit or pay or whatever is required in your particular state. Make sure you dot the i-s and cross the T-s and date and sign every document you prepare correctly. Unlawful detainers are very detail sensitive and you may have to start from scratch if you make an error. This could result in an additional moth of lost rental income. If you are dependant on the rental income to make your mortgage payments, you cannot afford to make any errors, so once again hire an attorney, spend the money now, in the long run it will be cheaper.

You should not try and save money by doing everything yourself, unless you are willing to take a loss of several months. Also do not try and save money by hiring a paralegal or someone that prepares documents, they tend to make errors. I have had at least one case where it was started by paralegal, but the mistakes cost the client almost two moths rental income.

For a sample lease agreement visit my website and look at the additional consideration section where I added all the things that where of concern to me.

Understanding How to Acquire a Patent

Obtaining a patent isn't necessarily that difficult, however understanding patent laws can be very difficult. Many people hire a patent lawyer to make sure they understand patent laws and how to avoid patent infringement.

Some people try to decipher patent laws themselves, but as they progress through the process and realize the remarkably steep financial penalties for patent infringement, many people who were not originally intending to hire a patent lawyer end up doing so anyway. Deciphering patent laws as an individual can be mind boggling.

Avoiding patent infringement is the most important step in attempting to obtain a patent. Obtaining a patent that has already been filed is not likely to happen; however, the patent offices are not responsible for patent infringement. The individual who is guilty of patent infringement, whether intentional or not, is going to be held accountable.

Patent laws, in all of their intrinsic complications, are best left to interpretation by the experts. Especially if it is a first attempt at obtaining a patent, a patent lawyer can help save time, money, and precious brain power. Of course, cutting out a patent lawyer may save money in the early stages, but the cost of a patent infringement lawsuit is typically not worth the few dollars by comparison that it costs to hire a patent lawyer.

Obtaining a patent only to find out that you're guilty of patent infringement is a waste of everything, time, money, and that precious brain power. It is faster and safer to simply hire a patent lawyer to cut out the possibility of patent infringement.

Patent laws, just like trademark laws or copyright laws, are designed to protect inventors of all venues, large and small. Patent lawyers work equally as hard for large corporate clients as they do for small one time inventors. Everyone has a good idea from time to time, and when a good idea is unique and original, it is always best to work at obtaining a patent to protect the unique integrity of the idea.

Hiring a patent lawyer is just one step in protecting yourself from patent infringement, either committing it or being a party to it. Patent lawyers are remarkably well versed in knowledge that it would take a first time attempt at obtaining a patent. Obtaining a patent for the first time is just as much a learning curve as it is an experience in patent law.

Learning patent laws through experience is a valuable experience, especially with the protected guidance of a qualified patent lawyer. A patent lawyer can literally take you through the ins and outs of patent law safely and accurately without having to risk the horrible damnation of patent infringement.

The likelihood of patent infringement reduces by nearly 80% with the assistance of a qualified patent lawyer. Obtaining a patent for the first or even third time alone increases the likelihood of patent infringement. This is because patent laws change drastically from region to region and from year to year.

While some patent laws cover the entire country, other patent laws are specific to a region or a product or a plant, or something of the like. Each patent category has its own set of patent laws, whether a new plant has been developed or a new computer enhancement has been invented, patent laws for each category are equally as complex as basic patent laws, once again requiring a patent lawyer to help decipher them. Regardless of what type of patent you are attempting to obtain, obtaining a patent with complete guidance is always the better route.

When hiring a patent lawyer, it is a good idea to cover the basics, such as asking questions about their track record with defending or prosecuting patent infringement cases or if any of their clients have ended up being accused of patent infringement despite being represented by a patent lawyer. These things are now easier to check up on thanks to the proliferation of the Internet, which was patented under the guidance of an attorney.

Hiring a patent lawyer is a good decision. Hiring an excellent patent lawyer is a better decision. Don't be afraid to research candidates just as you would research anything else. The goal is to be successful at obtaining a patent, which is likely if you have an original idea. You want the protection of a high quality patent lawyer to avoid patent infringement, be protected from patent infringement, and to successfully obtain a patent.

California Patent Infringement Laws: A Review

Patent laws vary by state. Although there are federal ones, there are also state patent laws, and each state carries its own set determining factors for various forms of patent infringement. California patent laws vary from laws regarding patent infringement in New York by quite a bit.

It is always best, and typically the only legal option, to choose a lawyer that actively practices patent infringement in the state which the incident took place. California laws aren't any less restrictive than other states, per se, but all states have their downfalls.

When reviewing California laws, the average individual needs to keep in mind that California laws are not always static. Just like all state laws, they change in order to keep up with technological advancements and advancement in case law. It is never a good idea to assume to understand California laws unless you are in the profession and are chronically being informed of changes regarding California patent laws.

Retaining a lawyer to help decipher laws is recommended during the development of new products, especially in the technology field, to help protect your company from violating laws. Accidental patent infringement happens all the time, and courts tend to look past intent straight to the heart of the matter.

Accidental or not, violating California laws will most likely result in a lawsuit. It would be much more prudent and cost effective to simply hire a lawyer from the onset to avoid the violation of California patent laws.

California patent laws are not only changing, but they can be quite complicated in nature and it typically requires a professional, such as a California lawyer, to interpret these laws into applicable principles. Interpreting law is not always as straight forward as it seems, and often the wording is organized to be interpreted several different ways.

Without a professional, such as a lawyer, the decoding of California laws may very well take up more man hours in researching than actual production. And of course that isn't very cost effective either.

Relying on word of mouth or educated opinion is exactly how many companies hiring patent infringement lawyers, as they mount their defense against an accusation. Misinterpreting laws may very well be the end of a company. After all, award judgments for patent violations tend to run in the millions, and often the tens of millions for larger companies or blatant patent violations.

Equally as important as complying with California patent laws while in the design and production stages of a new invention or product, lawyers are also the first to call when your company has determined that another company is in violation of California patent laws.

Once again, because laws are so complicated and require interpretation by a professional such as a lawyer, suspecting that a company is in violation of California laws is not enough. You will need a lawyer to verify your suspicions and help you take the next legal step. Patent infringement is a serious offense and following the steps to pursue a strong legal case is vital.

The advice of a lawyer is the only thing standing between your company and possible financial devastation, depending on the nature of the patent infringement. There is enough money at stake that without solid advice, the company who has been infringed upon may very well find themselves losing more money than they can bear to lose.

This can result in cost cutting, job loss, financial constraints, project delays, and even ultimately bankruptcy or the closing of a company. The right lawyer can help prevent these effects from taking place under California laws.

California patent laws, patent infringement lawyers, and the court system are all in place to protect patent holders from violations as well as the long reaching effects of patent violations.

Under the current California laws, protecting a company from patent violation accusations can be equally as important as tracking down patent violators who wrong the company. These actions require the services of a well qualified lawyer.

Until speaking with a lawyer, you will never be sure your company is protected nor will you ever be sure that there isn't someone out there stealing your fortune bound inventions. The value of a lawyer to any company who develops new inventions is remarkably high.

Foreclosure Epidemic Likely Means Additional Tax Liability

The recent national surge in home foreclosures coming on the heels of the collapse of the sub-prime lending industry and decline in home values likely means additional bad news for those former homeowners who feel like they just lost everything: additional income tax liability.

Income tax liability? From losing your home? Such is the nature of the United States Internal Revenue Code.

Given the foreclosure epidemic and the huge losses to which lenders of all sizes are now exposed, many lenders are willing to enter into a variety of work-out programs with their borrowers to avoid foreclosure. Avoiding foreclosure does not necessarily mean keeping the home, however.

The foreclosure process is time-consuming for the lenders and often subjects them to the additional time and expense of physically evicting the former home owner from the home after the foreclosure sale. From the borrower's perspective, a foreclosure is a huge blow to credit worthiness and will impact the borrower's ability to finance major purchases for years to come.

Considering many lenders' goals of reducing their losses on foreclosures, borrowers have met with success recently in negotiating "short sales" with their lenders. A short sale is the borrower's reconveyance of the home to the lender for less than the amount owed on the mortgage.

For example: Joe obtained a creative home loan and purchased a home at the height of home values and during the most liberal period in sub-prime lending.

Eventually, the appraised value of Joe's home began to drop and the "creative" part of his home loan kicked-in. Perhaps his interest rate adjusted or his interest-only payments ceased and he was required to commence paying both principal and interest.

In any event, Joe finds that he cannot afford to continue making the mortgage payments and, due to market circumstances, he now owes more on the mortgage than the home is worth. In other words, he is upside down in the home.

Joe defaults on the mortgage payments and is now subject to the foreclosure process.

Applied to the example above, the borrower might successfully negotiate a short sale with his lender. Many lenders are now accepting a reconveyance of the home and forgiving the remaining debt exceeding the value of the home.

In the example, Joe may have purchased the home for $300,000. He has made interest-only payments on the loan for a year, but due to the recent slump in the market, the home is now worth only $250,000. He still owes $300,000 on the mortgage. The lender, therefore, may accept a reconveyance of the home - in essence a $250,000 payment - against the $300,000 debt.

The sale is "short" because the value of the home does not cover the amount of the mortgage. The lender may forgive the additional $50,000 owed by the borrower in order to avoid the foreclosure process, or to avoid litigation expenses in pursuing the borrower for the deficiency balance, and essentially cut its losses.

For the borrower, he avoids foreclosure and its ramifications to his credit, as well as facing a likely judgment for the amount still owed on the debt.

The hidden drawback here, though, is that the tax code treats Joe's debt relief as income. By being relieved of the obligation to pay $50,000, the IRS considers that Joe has in effect put $50,000 in his pocket.

The debt relief is subject to ordinary income tax. Joe may not even know of his additional tax liability until he receives an envelope in the mail from the lender containing a 1099 form reporting the debt relief income to the IRS.

The same result may follow if Joe simply walks away from the home, allows foreclosure to proceed, and then the lender elects not to pursue Joe for collection of the deficiency balance on the loan.

The ripple effect of the sub-prime lending market over the past couple of years has yet to reach its full effect. Individual homeowners must be wary of all consequences of divesting themselves of the homes they purchased in that market.

While financial planning might be the last thing on a borrower's mind when he or she faces the harsh reality that the home will be lost in some way, the unforeseen consequences of a foreclosure or short sale can only be addressed through the sound advice of a tax professional, CPA, or, at the very least, the IRS website.

Of interest to us lawyers, however, is the approach the IRS will take to the likely spate of litigation that will proceed, alleging that these borrowers, now facing additional income tax liability through the loss of their homes, should not be responsible for the 1099 income tax burden, by virtue of alleged fraud or misrepresentation on the part of the sub-prime lenders.

As they say, "the Wheels of Justice grind slowly." We will all have to wait to see how this shakes out.

The Accident, the Injury and the Potential for Financial Ruin

The car in front of you stops without warning. The driver may be talking on a cell phone or reprimanding a disruptive child in the backseat. The reason doesn't matter. What does matter is your life, and those with you, may never be the same.

The result is unthinkable. You sustain life-threatening injuries. You require emergency surgery and are required to endure a lengthy hospital admission, followed by months of painful rehabilitation. You're out of work indefinitely and may never return.

Initially you accept help of friends and family, because you have no choice, but you feel like a burden and your self-esteem begins to falter. You can't pay your bills, and bankruptcy looms on the horizon. Everything you've worked for your entire life hangs in the balance and you have nowhere to turn.

Your lawyer assures you that your lawsuit against the offending driver will eventually be resolved in your favor, but the settlement may be months or years away. In desperation you ask your lawyer to loan you some of the money he plans to recover in the lawsuit, but he tells you that he can't, because it's a violation of the Disciplinary Code.

He reads you the applicable section from the New York Lawyer's Code of Professional Responsibility:

DR 5-103 [1200.22] Avoiding Acquisition of Interest in Litigation.

B. While representing a client in connection with contemplated or pending litigation, a lawyer shall not advance or guarantee financial assistance to the clients:

What recourse do plaintiffs have?

Pre-settlement funding offers a potential solution to this overwhelming problem. Also known as non-recourse funding, a plaintiff may be eligible to acquire a cash advance against his or her anticipated award.

A lawsuit funding company, a third-party unaffiliated with the plaintiff's attorney, provides the proceeds. The funding company fronts money directly to the plaintiff to pay bills, acquire medical services, or use in any way he or she sees fit -- in return for a promise to repay the advance after the lawsuit settles. This is not a loan. It's known as "non-recourse" funding, because the injured person does not have to repay the advance if the lawsuit is unsuccessful.

In other words, if the plaintiff doesn't recover, neither does the funding company. Therefore, it is in the best financial interest of the companies engaged in these practices to choose the cases they wish to fund carefully because there is always a chance that their investment may be lost.

On the other hand, since the funding company is taking a substantial risk in advancing the funds, the fees tied to the advance are usually quite significant.

What steps must plaintiffs take?

The plaintiff takes the first step in contacting the funding company. For instance some companies provide an online application, which contains the vital information necessary for the funding specialist to consider.

A representative of the funding company then contacts the potential client and his or her lawyer. The attorney supplies additional information about the case, and based upon the information provided; the funding company estimates the value of the potential settlement or verdict.

The lawsuit cash advance is offered to the injured person based upon the estimate. The fee may be a flat fee, or a monthly fee that accrues each month the advance remains outstanding.

The injured person has no obligation to repay if the lawsuit is lost. Similarly, if the ultimate settlement or verdict is smaller than anticipated, the amount that must be repaid never exceeds the amount of the injured person's share of that verdict or settlement. Because the attorney runs the risk of losing his investment, these advances are not characterized as loans.

Amounts available vary significantly, depending upon the nature of the case and the company involved. Some companies will fix the fee for the advance up front. Others will charge a monthly fee for each month, from the time the funding is issued until it is repaid, sometimes as high as 15% per month.

Lawsuit funding is not for everyone.

Litigation can take years. While cases are pending, the injured person has to have enough money to get by. If the injured person is unable to work, has reduced income, or has expenses associated with care or disability, it may not be possible to wait until the end of the lawsuit before obtaining funds.

Given the fees involved in pre-settlement funding, which could cause the principle to double over the course of a year or less, it is important for injured people to consider alternatives. Lawsuit financing should be the plaintiff's last resort.

The fees are premised upon the risk to the lender associated with non-recourse lending, but keep in mind that these companies choose their cases carefully in order to minimize their risk. In other words, if they offer you an advance they believe that you will receive money from your lawsuit. If you decide to obtain pre-settlement funding you should check with several companies, in order to obtain the most favorable terms.

Conclusion

Pre-settlement lawsuit funding should be considered at last resort. Due to the high cost of this type of funding, your decision to accept an advance should be made with caution. When seeking pre-settlement funding, it makes sense to check with several companies, to obtain the lowest possible fees.

Tuesday, July 7, 2009

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Calcutta High Court

The High Court at Calcutta, formerly known as the High Court of Judicature at Fort William, was brought into existence by the Letters Patent dated 14th May, 1862, issued under the High Court's Act, 1861, which provided that the jurisdiction and powers of the High Court were to be defined by Letters Patent. The High Court of Judicature at Fort William was formally opened on 1st July, 1862, with Sir Barnes Peacock as its first Chief Justice. Appointed on 2nd February, 1863, Justice Sumboo Nath Pandit was the first Indian to assume office as a Judge of the Calcutta High Court, followed by legal luminaries such as Justice Dwarka Nath Mitter, Justice Ramesh Chandra Mitter, Sir Chunder Madhab Ghosh, Sir Gooroodas Banerji, Sir Ashutosh Mookerjee and Justice P.B. Chakravartti who was the first Indian to become a permanent Chief Justice of the Calcutta High Court.

The Calcutta High Court has the distinction of being the first High Court and one of the three Chartered High Courts to be set up in India, along with the High Courts of Bombay, Madras.

Allahabad High Court

By the Indian High Courts Act passed by British Parliament in 1861, provision was made, not only for the replacement of the Supreme Courts of Calcutta, Madras and Bombay and for the establishment of High Courts in their places, but for the establishment of a High Court by Letters Patent in any other part of Her Majesty’s territories not already included in the jurisdiction of another High Court. In the year 1866, the High Court of Judicature for the North-Western Provinces came into existence at Agra under Letters Patent of the 17th March, 1866, replacing the old Sudder Diwanny Adawlat.

Sir Walter Morgan, Barrister-at-Law and Mr. Simpson were appointed the first Chief Justice and the first Registrar respectively of High Court of North-Western Provinces.

The seat of the High Court for the North-Western Provinces was shifted from Agra to Allahabad in 1869 and its designation was altered to ‘the High Court of Judicature at Allahabad’ by a supplementary Letters patent issued on March 11, 1919.

The Oudh Chief Court at Lucknow, replacing the Oudh Judicial Commissioner’s Court, was established on November 2, 1925 not by Letters Patent but by the Oudh Civil Courts Act, IV of 1925, enacted by the U.P. Legislature with the previous sanction of the Governor-General to the passing of this Act, as required by the Government of India Act, 1919s. 80-A (3).

By the U.P. High Court Amalgamation Order, 1948, the Chief Court of Oudh was amalgamated with the High Court of Allahabad and the new High Court was conferred the jurisdiction of both the Courts so amalgamated. By the Amalgamation Order the jurisdiction of the Court under the Letters Patent and that of the Chief Court under the Oudh Courts Act was preserved.

In July, 1949 the States Merger (Governor’s Provinces) order was passed which was amended in November the States Merger (United Provinces) Order, 1949 whereby the powers of the Government of some Indian States specified in the Schedule, which had vested in the Dominion Government were transferred to the adjoining Governors’ Provinces. In Schedule VII, Rampur, Benaras and Tehri Garhwal were the States specified, and by section 3 the said states were to be administered in all respects as if they formed part of the absorbing province.

On the eve of the Republic Day celebrations on the 26th January, 1950 the date of commencement of the Constitution of India, the High Court of Judicature at Allahabad came to have jurisdiction throughout the entire length and breadth of the State of Uttar Pradesh.

By the Uttar Pradesh Reorganisation Act, 2000, State of Uttaranchal and Uttaranchal High Court came into existence from the midnight intervening 8 and 9 November, 2000 and in view of section 35 of the Act, High Court at Allahabad ceased to have jurisdiction of 13 districts falling within the territory of State of Uttaranchal.

At present, sanctioned strength of Judges of the High Court of Judicature at Allahabad is 95.

Bombay High Court


The 'Indian High Court Act' of 1861, vested in Her Majesty the Queen of England to issue letters patent under the Great Seal of the United Kingdom to erect and establish High Courts of Calcutta, Madras and Bombay. The Indian High Courts Act, 1861 did not by itself create and establish the High Courts in India. The express and avowed aim of the Act was to effect a fusion of the Supreme Courts and the Sudder Adalats in the three Presidencies and this was to be consummated by issuing Letter Patent. The Charter of High Court of Bombay was issued on June 26, 1862.

The Bombay High Court was inaugurated on 14th August ,1862. The High Court had an Original as well as an Appellate Jurisdiction the former derived from the Supreme Court, and the latter from the Sudder Diwani and Sudder Foujdari Adalats, which were merged in the High Court. With the establishment of the High Court the Penal Code, the Criminal Procedure Code and Code of Civil Procedure were enacted into law.

The Letter Patent of the Bombay High Court authorized 15 Judges, but it started with only 7. It is remarkable that, for about 60 years thereafter, the High Court managed to pull on with just 7 Judges, although with advancing years, the laws and the litigation both multiplied. There were no indications that this limited Bench was found inadequate to cope with the work, till about 1919. With the armistice at the termination of the First World War, there was sudden spurt of litigation in the City of Bombay. The number of Suites filed on Original Side, which during War had dwindled down to about 500 rose to about 7000, that the Prothonotary found it difficult to prepare daily boards for 3 Judges. It was only then that an additional Judge was demanded and was grudgingly granted . Bombay was lucky or unlucky in having at this crisis a Chief Justice of exceptional caliber, Sir Norman Mcleod, who instead of multiplying Judges preferred to massacre suits and appeals.

The Charter of the High Court also made it the supreme and final court of appeal in all cases, civil and criminal, decided by inferior courts, except such as possessed the requisite importance, pecuniary or legal, demanding a further appeal to the Judicial Committee of the Privy Council.

Ever since the Constitution of the Privy Council as the Court of ultimate appeal from British India by a Statuette of 1833, the bulk of its business was from Indian appeals; so much so that for Indian appeals, a Judge or a lawyer of adequate Indian experience had later to be associated with the Committee. The Bombay High Court has been represented on the Judicial Committee by three distinguished judges, and four eminent counsel; Sir Richard Couch, Sir Lawrence Jenkins and Sir John Beaumont, all Chief Justices. The lawyers who practiced in Bombay High Court before they were appointed to the Judicial Committee, were Sir Andrew Scoble, Sir George Lowndes, Sir D.F. Mulla and Mr. M.R.Jayakar.

HIGH COURT OF DELHI

The High Court of Delhi was established on 31st October, 1966.

Initially, the High Court of Judicature at Lahore, which was established by a Letters Patent dated 21st March, 1919, exercised jurisdiction over the then provinces of the Punjab and Delhi. This position continued till the Indian Independence Act, 1947 when the dominions of India and Pakistan were created.
The High Courts (Punjab) Order, 1947 established a new High Court for the territory of what was then called the East Punjab with effect from 15th August, 1947. The India (Adaptation of Existing Indian Laws) Order, 1947 provided that any reference in an existing Indian law to the High Court of Judicature at Lahore, be replaced by a reference to the High Court of East Punjab.

The High Court of East Punjab started functioning from Shimla in a building called "Peterhoff". This building burnt down in January, 1981.

When the Secretariat of the Punjab Government shifted to Chandigarh in 1954-55, the High Court also shifted to Chandigarh. The High Court of Punjab, as it is later came to be called, exercised jurisdiction over Delhi through a Circuit Bench which dealt with the cases pertaining to the Union Territory of Delhi and the Delhi Administration.
In view of the importance of Delhi, its population and other considerations, Parliament thought it necessary to establish a new High Court of Delhi. This was achieved by enacting the Delhi High Court Act, 1966 on 5th September, 1966.

By virtue of Section 3(1) of the Delhi High Court Act, the Central Government was empowered to appoint a date by a notification in the official gazette, establishing a High Court for the Union Territory of Delhi. The appointed date was 31st October, 1966.

The High Court of Delhi initially exercised jurisdiction not only over the Union Territory of Delhi, but also Himachal Pradesh. The High Court of Delhi had a Himachal Pradesh Bench at Shimla in a building called Ravenswood. The High Court of Delhi continued to exercise jurisdiction over Himachal Pradesh until the State of Himachal Pradesh Act, 1970 was enforced on 25th January, 1971.

The High Court of Delhi was established with four Judges. They were Chief Justice K.S.Hegde, Justice I.D.Dua, Justice H.R.Khanna and Justice S.K.Kapur. The sanctioned strength of Judges of this High Court increased from time to time. Presently, the sanctioned strength of Judges of the High Court of Delhi is 28 permanent Judges and 8 Additional Judges.

Tuesday, June 2, 2009

Employment Tribunals And The Claims Process

If you are looking to make an employment claim or to defend one, where should you issue your claim? Almost all cases should be started in the Employment Tribunal, usually with one exception explored in the next paragraph.

Claim Limits

A claim for wrongful dismissal is limited to only £25,000 when often a contractual claim can be for a much larger sum than this. Therefore, if you have a claim for wrongful dismissal or any other contractual claim you are likely to want to issue this in the County Court where your claim is not limited to this amount.

The Employment Tribunal

An Employment Tribunal is an independent judicial body that is used exclusively for employment law claims and consists of two non legally qualified members (from business) and a legally qualified chairman.

The types of claims that can be pursued in an Employment Tribunal include the following:
  • Redundancy Claims
  • Unfair Dismissal Claims
  • Discrimination (including sexual discrimination, race discrimination and age discrimination)
  • National Minimum Wage Claims
The person making that starts the claim is known as the "Claimant", the person defending it as the "Respondent".

Time Limits For Employment Tribunal Actions

There are some time limits that usually must be followed in an Employment Tribunal claim. In all cases the time limits can vary from case to case so you should seek legal advice about your specific situation.

Usually you need to have been in employment for one year before you can take a claim to the Employment Tribunal. In addition, generally, you must provide your employer with 28 days notice before you start your proceedings. However, for Unfair Dismissal claims you must make the claim within three months of your dismissal.

Payment of Your Salary Whilst You Make Your Claim

In some cases you may be able to make a claim to have your salary paid to you whilst you are pursuing your claim through the Employment Tribunal. You must be pursuing a certain type of claim to be able to make this application, and if you qualify you must make the application for interim relief within 7 days of the date of your dismissal.

The types of claims which qualify include:

For Trade Union related activities Whistleblowing Taking someone with you to a disciplinary or grievance hearing Dismissal for carrying out Health and Safety related activities when it is your role to do so Acting as a workers representative

What Happens Next?

Once a claim has been issued in the Tribunal, ACAS (the Advisory Conciliation and Arbitration Service) will attempt to make contact with both parties to see if there is any opportunity of settling the claim without the need for a hearing.

If settlement cannot be reached, the claim will proceed through various mini hearings to determine what evidence should be served, and the time limits to be adhered to, before a final hearing takes place in front of the Employment Tribunal.

Final Hearing

At the final hearing the three members of the Employment Tribunal will listen to and review the evidence from the Claimant and the Respondent along with any witnesses.

When all of the evidence has been heard, they will make their decision which can include:
  • No compensation (eg no good claim)
  • Reinstatement of an employee
  • Compensation to the employee
Summary

This is only an outline of the summary as it varies depending on the type of your claim.