Man And Work Law

Archive for April, 2010

Since it’s inception, the Internet has provided many to enter into their own business and/or work from home with the potential of creating financial wealth. There are thousands of opportunities in the vastness of the world wide web, but there is one that is taking the Internet by storm; that is cash gifting. Unlike most opportunities where the question of legality is usually settled, there is a question I receive the most and that is: Is cash gifting legal?

I also had this same concern when I first saw cash gifting as an opportunity. As a former accountant, that ran my own practice for 9 years, it seemed odd just giving money and not expecting a product or service in return. I knew that giving cash gifts were acceptable in many circles, because, also, as a pastor, I know that is how the church is financially sustained; by the giving of the congregant. Plus, over the years I have supported many ministries and charitable organizations financially. Not only that, there are many times when people would walk up to me and hand me cash as a gift to bless me. Actually, it happened twice this last Sunday, when I received $120 from two different individuals. Now, is this illegal? Of course not! But my question continued, is a cash gifting activity legal?

So, to do my homework, I set out to settle this nagging question once and for all.

First, as an accountant, I researched the tax laws. I learned that both, American and Canadian citizens, and other citizens around the world have the right to gift property, cash and other assets. The U.S. gifting rules are found in the IRS TAX CODE, Title 26, Sections 2501-2504 and 2511.

And just know that those rules are focused on the tax liability of cash gifts. Of course, you should always consult your CPA or Tax attorney for a full and comprehensive review and advice about how to treat cash generated from gifts in your specific tax situation.

By reading the law, you will find that one or more individuals can give a gift to another individual up to $12,000 each per calendar year without any tax liability to either the giver or receiver of the gift. This is because the giver is using “after tax” cash to make the gift. In other words, the tax on that money is assumed to have already been paid.

Secondly, to make a cash gifting activity legal it must be properly structured. A properly Structured Cash Gifting Activity is NOT PYRAMIDAL in structure. There is no “fat cat” at the top benefiting from others. A person starting today can easily generate more money than some other person who has been in for more than a year. It’s strictly between you and the person who you invite to learn about your cash gifting activity and sharing club. If they like the concept, they may agree to give you a cash gift. Direct. Person to person. No pyramid anywhere.

In the past, most cash gifting programs were structured with an attempt to copy or “clone” the current “multi-level marketing” type of compensation plans. There were weird “cycling” systems where the new gifter would be required to invite a number of new enrollees before they were “ranked” and able to receive any gifts themselves…

Other programs were structured using “Matrix”, “Binary”, or other complicated form of “multi-level marketing” style of compensation programming. These types of structures are improper to Cash Gifting and potentially illegal.

There is a big difference between that old type of cash gifting activity structure, and the current properly structured activities.

In today’s properly structured activities there are no ranks, no cycling, or no positions. You as a member of a private sharing club invite others to learn about the activity. When a person you invite decides to join they gift you directly. No fat cats, no middlemen, nobody else ever touches the gift. It goes directly from the giver of the gift to the receiver of the gift.

After these considerations, I determined that cash gifting is legal, moral, a great way to generate cash flow and it’s for me. Additionally, in these current difficult economic times, I realize the power of cash gifting. Through this activity, it can help many individuals and families meet their needs and create a path that can lead them to financial security.

From medical cases through personal injury, real estate, clinical negligence, to employment discrimination and dismissals – there are a huge range of legal firms that specialise in different areas of the law. Like any other industry, rather than opting for a generic “one size fits all” law firm, it’s often advisable to select a specialist which has a good track record of dealing with the particular area of law that you need.

But with such as large choice of legal services out there, how does a potential client find the right law firm for them? How and where are lawyers advertising? Well, when it comes to attracting clients, some law firms are using controversial advertising to bring in custom.

An American law firm, specialising in marriage law, has recently generated a lot of attention from their billboard advertisement which featured a picture of a semi-clad buff male and busty female alongside a slogan that read: “Life’s Short. Get a Divorce”. The response was mixed with many people claiming the advertisements made divorce seem like a casual process, and that it was undignified and offensive and might even encourage people to get divorced.

However, the law firm, Fetman, Garland and Associates Ltd, responded that “Lawyers don’t cause divorces. People cause divorces.” Others have said that they loved the fresh style of the ads and have pointed out that it’s an excellent example of effective advertising as it has captured people’s attention and is memorable – exactly what adverts are designed to do. Some have also commented that is has brought humour and light hearted fun to an industry renowned for being a little dull.

Aside from scouring billboards, if you’re looking for legal advice, the internet is obviously a good place to start and a simple Google search can throw up some potential firms to contact. There are now also comparison sites in place which match clients with the right law firms for free.

Someone searching for legal advice just needs to input details of their legal needs and the site can find an appropriate legal advisor for their particular situation. Such sites also offer articles on a range of legal areas, profiles on various law firms, legal term glossaries and even an estimation of the costs you can expect to pay.

So, if you ever find yourself in need of legal advice, know that there’s plenty of help out there – just jump on the net, do your research and you’ll be able to find the right legal help for your situation.

As any civil or trial litigation attorney knows, whether he practices in Palm Springs or Palm Desert, CA, San Diego, California, Orange County, CA, La Jolla, Del Mar, Laguna Beach, Newport Beach, Corona del Mar, Huntington Beach, Irvine, Santa Ana, Irvine, Ventura, Anaheim, Santa Barbara and San Luis Obispo, Ontario, Rancho Cucamonga, Temecula, Riverside, San Bernardino, the Coachella Valley, La Quinta, Indio, Yucca Valley, or Joshua Tree, depositions can make or break a case. A good defense attorney can make even the calmest deponent nervous. And then there are some deponents who can drive a litigation lawyer nut.

Many times, clients want to know how to answer deposition questions.  First of all, I tell my clients to answer truthfully.  Then I advise clients not to watch how politicians answer questions.  This is what can happen if a client ignores that advice.

“You said to the policeman investigating the scene of the accident that you weren’t wearing a seat belt yet today you state that you were wearing one,” the defense attorney stated to my client.

My client smiled sweetly at the news commentator, just like Sarah Palin did to Charles Gibson in her first television interview.

“Would you care to explain this discrepancy?” the attorney asked. The attorney had introduced himself as Charles Johnson.

“Well, Charlie, I believe everyone should wear seat belts when they are in a car.

“Okay, but can you explain why you told the police officer at the scene that you weren’t wearing a seat belt?”

My client smiled sweetly again, giving the attorney her best impression of a political candidate.

“Charles, I believe in a woman’s choice, however I feel even more strongly about the sanctity of life.”

“You’re not going to answer the question, is that what you’re saying?” the attorney asked, looking over his own eyeglasses.

“Well, I really think that there are much bigger issues to discuss,” the client answered, putting the attorney on the defensive.

“Don’t you think it’s important for us to know if what you say now is different from what you said earlier?”

My client looked directly at the attorney. “Charlie, I believe what is important here is that your client ran a red light.”

“Lets move on to the fact that you claim you never had a back injury before this accident.. How do you reconcile that with your treatment for back pain prior to this accident?”

“Charlie, as you know, you can have a visit to a doctor without it being for an injury. I have to say this type of questioning borders on being sexist.”

“Did you or didn’t you have treatment for a back condition prior to this accident?” the attorney said, raising his voice.

“It’s not what you go to for a doctor, it’s what the doctor does for you, Charles, and when you realize that women are different from men, you’ll learn that women doctors do things differently than male doctors.”

“You’re refusing to answer my questions.”

“I’ve answered all of your questions,” my client said.

“No,” the attorney said. “All you’ve done is give me stock answers to the questions you want me to give and not answer the questions I’m asking.” The opposing attorney turned to me and realized I hadn’t made a single objection.

“Please, ask me your question, and I’ll be as honest as I can.”

“Is it true that this has been your third accident this year and that each time you’ve been rear ended.”

My client smiled and the attorney asking the questions knew he would not be getting an answer to this one that he could use.

“I believe that God has a plan for each of us and sometimes he tests our resolve.”

“That’s your answer?” the attorney asked. “You might as well be speaking in tongues right now.”

“God has a plan for all of us, Charles, even for you,” my client said.

“If it’s to drive us nuts, it’s working,” the attorney said. “I’ll give you one last chance to answer a question. Did you cause this accident?”

“Charles, what may be interpreted as a cause could sometimes be otherwise viewed as simply trying to avoid the, you know, impossibly difficult or, trying to prevent that kind of thing, then again, even when you are driving carefully, these accidents…and this could be viewed as one of those situations. Does that answer your question?”

Two hours later when the deposition had ended, the attorney was looking frazzled.

“How did I do?” my client asked me after the deposition was over.

I smiled sweetly like any good politician. “It’s not how well you did,” I said. “It’s how many psychiatric treatments that attorney is going to need before he is able to attempt another deposition.”

Note – Refusing to answer questions can lead to having a motion filed against the party who refuses to answer deposition questions, and an imposition of a fine against the deponent who abuses the discovery process in this way. Sadly, many deponents and attorneys abuse the deposition process when they think the other party’s attorney won’t take the time to file a motion to compel. An attempt to evade questions as a politician often does, or answering with stock answers instead of providing answers responsive to the questions is clearly improper. And politicians who answer questions in this manner are not setting a good example. On the other hand, some of Sarah Palin’s answers to questions put to her by Katie Couric, similar to this deponent’s last answer, were so incomprehensible it is hard to know how a judge might view answers such as hers if the attorney fails to follow up with additional questions.

Visit our website at http://www.sebastiangibsonlaw.com if you are involved in litigation in Palm Springs, Palm Desert, Indio, Riverside, San Diego, Orange County or anywhere in Southern California. We have the knowledge and resources to represent you as your California Litigation Lawyer and Palm Springs Litigation Attorney, or your civil litigation attorney or civil litigation defense lawyer in Cathedral City, Desert Hot Springs, Indio, Coachella, Yucca Valley, Joshua Tree, Twentynine Palms, Indian Wells, Rancho Mirage, and throughout Southern California.

Becoming a lawyer is among the most fashionable course of study nowadays and with really fine reason. In the present time, in that respect, are several characters of practicing law are publicized regularly. Criminal justice law is in much demand in real time more than ever. Modifications to real estate and property laws in the past 50 years approximately have brought in property attorneys marketable to a critical level. Divorce attorneys, for marital separations, experience a plenty of wreak delegate their direction. And so let alone there follows the culture of litigating for insurance policy takes which we altogether exist in personifies the reason behind a bunch of the financial obligation and physical injury business law firm survive. With so a great deal of opportunities and businesses active around at some given period sooner or later, there is no doubt why a respectable percentage of scholars prefer to encourage successful the domain of law. Nonetheless, not every last of them has the chance.

That had better really show they were not able to find the opportunity in the beginning when cyberspace education was contrived. Legal philosophy is an exceedingly best-selling field of study and is tendered through a swollen percentage from the internet schools, universities and colleges out in that location at the moment. Steady cyberspace colleges feature a modified count of posts all semester and on that point are generally really a couple to reserve. Really some folks quit either, for they are indeed esteemed and a person will call for a law academic degree to pass into a business firm later upon graduation. You must therefore make certain that your schooling is every bit a good deal amusing as achievable because you will live wedged on it for a couple of years!

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When you have searched into the reputation of cyberspace schools for law that’s when you can finalize your list down. Yet, it is not virtually sufficient to establish a decision on that aspect entirely. It is wise to recognize what their classes are targeted at. A few specialize in a definite law practice, age bracket or societal grouping. Others could simply provide courses fashioned to feed those who have hit the books on law already to further their career promotion. Whereas, other sites shall admit individuals without prior knowledge of the law, school them to the fullest degree. Create a brief list of the ones which proposes the sort of education you necessitate and equate them to your list of prestigious internet classes. This will appropriate you with some possible schools tallying them simpler to determine from that point onwards. This entire procedure involve months of inquiry and careful planning, Yet, it will be meriting for your career ultimately. You must use up time and gain the drive.

If you made up your mind to consider law through the internet university, then you have induced a colossal step towards shifting the rest of your career. This may entirely be a beneficial thing. Remember, all good things come to those who wait! If you invest in the feat to uncovering the finest feasible school and curriculum for you then things will fall into place. When executing study online personify your top-grade performance always.

When someone dies, people want everything in order. They want their estates to be passed onto their rightful heirs. The Inheritance Law provides the order to which inheritance will be executed. In Germany, the Civil Code regulates this law. Munich lawyers will be able to guide individuals or families to fully how the inheritance law works. Who Deserves the Inheritance? The inheritance law of Germany dictates the orders of inheritance: • First Order – this constitutes the offspring of the deceased. This may include the children, grand children, great grand children, etc. • Second Order – includes the parents and the siblings of the deceased • Third Order – Involves the grandparents, aunts, uncles, cousins, and their issues The right of the spouse of the deceased to inherit an estate is dependent not on any orders but with respect to the fact of marriage. The beneficiaries of the estate will inherit the rights and obligations of the deceased. Lawyers in Munich will be able to explain in detail the time limits to decline or accept an estate as the law dictates. They will also be able to clarify the complexities of the statutory inheritance and how the estate will be shared amongst the beneficiaries. The inheritance law of Germany states that the children of the deceased, even out of wedlock, are first in line. They inherit equal shares of the estate. The order as mentioned above is followed in the event that the deceased does not have any children. The spouse inherits the estate outside the system of orders. Lawyers in Munich will be able to discuss in detail any concerns with regard to the inheritance of the spouse. Inheritance Basics To put everything in order, an individual may formulate his will so that his estate can be distributed accordingly. The law permits also permits a testamentary contract which gives the estate owner the option to distribute his estate without following the statutory orders. The law of Germany recognizes different testaments like simple will, emergency will, mutual will, and testamentary contract. One can be guided by the lawyers in Munich to formulate any of these. Any of these will be valid if it is signed or prepared in front of a notary. It is also legal if it is handwritten and signed by the testator. The testator may nominate an executor of the will. In the event that there is no person nominated to perform the duties, the German Probate Court may assign an administrator. Tax concerns must also be discussed in detail with the lawyers in Munich to know how much will apply based on the amount of the estate.