As crazy as it may sound, there are Attorneys who are roaming around California, taking retainers and fees and they are not even licensed to do so. As part of doing your due diligence as a consumer when shopping for legal professionals ( my recent article on choosing a legal professional), especially an attorney, a simple search on your States Bar website could keep you out of hot water.
A simple search of your State Bar’s website can provide a wealth of information about a potential attorney you may be considering to hire. Easily enough, just navigate to the California State Bars website, click the preceding link to go there. On the homepage you will see a box on the left entitles “Attorney Search”. There you can enter the attorney bar number or attorney name, click “search” and you’re off to the races. What will display is a list of possible matches for the criteria you entered. For more common names look at the “City” column to find the attorney in question. The attorney name is a link to their California State Bar profile.
The important aspects of the attorney profile page will be their “Current status”, found at the top of the page. You want to see “Active”, showing they are currently active in the Bar System. The other important section on the profile will be a section at the bottom of the page entitle “Actions Affecting Eligibility to Practice Law in California”. This section will give you a peek at any potential dangers you need to be aware of.
That’s it. You have successfully completed a quick research on if your attorney to see if they are a good standing member of the California State Bar.
Filing for a divorce as a man can be a scary proposition. Let’s face it, the court is not on your side and anything you do, or have done in the past is now up for debate as to whether it shows that you’re a fit father. Divorce laws in the US protect the children, as they should, but mostly what that means is that usually the children by default will go to their mother and the father will end up paying child support. If you’re a father this shouldn’t bother you, you’re paying for the well fare of your child(ren) after all. What is painful is that you have no control over how that money is spent, or who and what it’s spent on. Your ex-wife doesn’t have to account to you or the family judge for what she’s purchased, who she’s spending the money on or how much she’s personally contributed. If you don’t like that, essentially tough luck. That’s the way it is, think about this the next time you’re considering marriage. That topic is outside the scope of this article.
When you’re considering filing for divorce, you’re going to need to consider whether you need to hire a lawyer. The financial pain is only beginning at this point, but hang in there… eventually you’ll die and this will be all over. Just kidding, you’ll see the light at the end of the tunnel soon enough but for now you have to man up and get through this. Finding an attorney is a bit like pulling teeth, without the satisfaction of the defective tooth being gone afterwards. Here’s a few things you should know that no one will tell you.
A divorce attorney‘s retainer is an initial fee for their service, the total for their expertise will be a lot more than the first payment.
If you think you’ll hire a “father’s rights” attorney because they’ll be better equipped to help you you’re wrong. It’s usually a marketing gimmick and no state Bar associations recognize any attorney as having a specialty in “father’s rights”.
Do you need a Family Law Specialist? Maybe. If there’s a history of domestic violence, substance abuse, if you anticipate child custody issues or if you have significant assets, (over $1M), you should consider a Family Law Specialist.
Consider an “Uncontested Divorce”. This means you have worked out everything with your wife and you just need someone to take care of the details you haven’t thought of and the legal paperwork. Under these circumstances the attorney will usually not give any advice to either party individually, they’re just there to make sure everything is completed properly.
You may even want to consider hiring a paralegal if you and your soon-to-be ex-wife just need the paperwork filed with the local court. These circumstances are best if there are no children and no significant assets, (real property or businesses), to be divided.
The Internet is a wealth of information for you if you’re willing to sift through the numerous websites for the golden nuggets that can help you. I wish you the best of luck on your journey and hope that your divorce works out for the best for you and your family.
“No Win, No Fee”. You’ve seen it on many attorney websites and commercials, and if you’re curious how this works its through the world of “contingency”. In the simplest terms Contingency fee lawyers can take your case with no cost out of pocket and you agree that they can have a percentage of the proceeds if they win your case. If they lose your case, you don’t owe them anything. Contingency fee lawyers are obviously motivated by getting the highest financial award for you, because they’re paycheck is dependent on your outcome.
How is a Contingency Lawyer Paid?
The contingency fee arrangement can vary based on the attorney and the case, often times the fee is negotiable but is never marketed as such. The most common rate for a personal injury case is usually 33%. Also, the hard costs and expenses of the case are usually added to the contingency fee when the final accounting is done. You may also be able to negotiate an arrangement with your attorney that they take a less than 33% if the case settles quickly or doesn’t get to the point of a lawsuit being filed. Let’s take a look at a fairly straightforward example:
John has a personal injury case where he was hit by a car and retains attorney Smith based on a 33% contingency fee arrangement. Attorney Smith settles the case out of court for client John and recovers $10,000 in compensation. Attorney Smith’s law office is sent the settlement check. However, during the course of the negotiations, attorney Smith incurs $500 in fees (deposition, court reporter, filings Etc). The actual amount the client John will receive looks something like this: Award: $10,000.00 Contingency Fee of 33%: -$3,333.33 SubTotal: $6,666.67 Expenses: -$500 Total Payout: $6,166.67
Should I Take My Case to Trial?
Only you and your attorney can come to this decision based on the specific facts of your case. However, keep in mind that contingency fees usually go up based on if the attorney has to litigate, or take the case to trial. The time and effort of a trial goes up exponentially compared to settlement negotiations. That usually means the contingency fee will go up to 50%+ if your case proceeds past settlement negotiations to trial. A trial is also extremely expensive and the attorney will often have to hire professionals: doctors, psychiatrists, forensic scientists, land surveyors Etc. The cost of these professionals is tacked onto the expenses of the case. The same scenario above may look very different if that case went to trial:
Award: $10,000.00 Contingency Fee of 50%: -$5,000.00 SubTotal: $5,000.00 Expenses: -$2,500 Total Payout: $2,500.00
Keep in mind that if your case goes to trial there is an opportunity that you may win more than what was previously offered during settlement negotiations, but there’s also a chance that the case may be decided against you and you win nothing. If you win nothing at trial you pay nothing to the attorney for the fees and expenses he/she incurred as a result.
The decision to go to trial is complex and you need to consider the time, potential payout over a settlement, potential risk of loss, experience and success rate of your lawyer and the merits of your case. Each one of these factors alone can have an entire article written about it, so it’s not a decision to be taken lightly.
What Cases are Taken on Contingency?
Personal injury attorneys are the most common lawyer that takes cases on contingency, but that doesn’t exclude other types of cases. A contingency agreement can be made with an attorney if there’s potentially a large pile of money at the conclusion of the case. Essentially, that’s the “carrot” the lawyer is after, if there’s no potential payout why would any attorney take the case?
Although this list is not comprehensive it’s a good look at the most common types of cases most people have. Also, there may be circumstances where an exception may be made by the attorney to take your case on contingency if he/she sees an opportunity to recover a significant amount of money. These one-off cases are far beyond the scope of this article and should be discussed personally with your lawyer.
Disclaimer: Every case is unique and the merits of each case is different. This article is not legal advice and should not be interpreted as such. This article is general information and you should not make legal decisions based on the content of this blog, or any information you read on the Internet. You should discuss your case with an attorney for up to date and accurate legal advice.
Después de trabajar en las reclamaciones de seguros de defensa, el abogado Martínez se dio cuenta de que su satisfacción personal provenía de ayudar a los clientes en el otro lado de la mesa. Martínez tuvo la experiencia personal de trabajo dentro del departamento de reclamaciones de una compañía de seguros y ha aplicado su conocimiento del proceso de ayudar a la gente consigue la máxima compensación que merecen de su reclamación. Si usted ha estado tratando de negociar un acuerdo con una compañía de seguros por su cuenta, póngase en contacto con los abogados de lesiones en Ontario, RM Law Group hoy y discutir su caso con el abogado personalmente.
RM Law Group es una firma de abogados de lesiones personales en Ontario, California propiedad de los abogados de Jason Martínez y Michael Recinos. Estos abogados trabaja con clientes que han sido heridos en accidentes de coche y moto, resbalones y caídas, accidentes de los productos defectuosos y cualquier asunto que un cliente se lesionó debido a la falta de cuidado o negligencia de otra persona o corporación. Martínez y Recinos, originaria de Los Ángeles y Orange County, decidieron abrir su práctica en el Inland Empire y servir a los residentes de San Bernardino y Riverside.
Después de trabajar en las reclamaciones de seguros de defensa, el abogado Martínez se dio cuenta de que su satisfacción personal provenía de ayudar a los clientes en el otro lado de la mesa. Martínez tuvo la experiencia personal de trabajo dentro del departamento de reclamaciones de una compañía de seguros y ha aplicado su conocimiento del proceso de ayudar a la gente consigue la máxima compensación que merecen de su reclamación. Si usted ha estado tratando de negociar un acuerdo con una compañía de seguros por su cuenta, póngase en contacto con los abogados de lesiones de RM Ontario Law Group hoy y discutir su caso con el abogado personalmente.
El abogado Michael Recinos ha estado trabajando con clientes de lesiones personales desde 2012 y es considerado como un litigante agresivo que logra grandes resultados para sus clientes. El Sr. Recinos es también uno de los pocos abogados locales que habla español con fluidez.
No tiene nada que perder y mucho que ganar, no hay una cuota si no tienen éxito con su reclamo y su consulta inicial es gratuita. Obtener la información y la representación que necesita hoy, llame RM Law Group @ (888) 765-2902 para programar su cita hoy.
RM Law Group is a family law firm with offices in Cerritos, Ontario, San Bernardino, Orange and Los Angeles, California owned by attorneys Jason Martinez and Michael Recinos. These attorneys are exceptionally experienced in family law related matters, regularly handling divorce, custody, spousal support and domestic violence issues. To say RM Law Group chose the “tough stuff” is an understatement.
Mr. Martinez and Mr. Recinos, originally from Riverside and Victorville, respectively, decided to originally open their practice in the Inland Empire to better serve their hometown residents of Riverside and San Bernardino Counties and now also serve Orange County & Los Angeles County from their offices in Orange and Cerritos.
After working in insurance claims defense, attorney Jason Martinez realized that his personal satisfaction came from helping clients on the other side of the claim. Mr. Martinez took the personal experience of working within an insurance company’s claims department and has applied his knowledge of the process to helping people get the maximum compensation they deserve from their claim.
attorney Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California family law matters and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
Attorney Michael Recinos has been working with family law clients since 2012 and is regarded as an aggressive litigator who achieves incredible results for his clients. Mr. Recinos is also one of few local attorneys who speaks Spanish fluently. Before forming RM Law Group, he worked for a prominent Orange County family law firm regularly handling divorce, custody, spousal support and domestic violence issues. Mr. Recinos is most proud of the decisions he’s received in favor of those clients who were disadvantaged by their former spouse’s money and resources. Mr. Recinos was recently retained by a client who could barely afford to pay the retainer fee because her former spouse took everything from her. Mr. Recinos went on to recover thousands of dollars in legal fees from her former spouse which enabled his client to continue her fight for what she deserved and was entitled to.
You have nothing to lose and everything to gain because there is no fee to schedule an initial consultation. Get the information and representation you need today, call RM Law Group @ (888) 765-2902 to schedule your appointment today – Se Habla Español.
Copyright exists from the moment a creative work is fixed in a tangible medium. But without copyright registration, important tools for protecting the work are unavailable. This article describes them for creatives and explains the importance of registering your copyrights.
Copyright Protections
Copyright is a form of intellectual property law and protects original works of authorship including literary, dramatic, musical, and artistic works. These works include songs, music, novels, movies, software, and poems. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Fair Use
A major restriction US law places on copyright is the doctrine of “fair use.” This legal doctrine allows excerpts of a copyrighted work to be reproduced for purposes of criticism and comment, news reporting, scholarship and research. There are no specific limits to the amount that can be reproduced before it infringes on copyright. However, the law instructs courts to consider the “character” of the use, such as if it’s for commercial purposes or educational purposes.
Who Benefits From Copyright protection?
As a general rule, copyright benefits the author of the work or the person that created or paid for the creation of work. Business owners should ensure that the company’s employment contracts and service agreements with vendors contain an IP clause, providing for the assignment to the company of all copyright in created works, in the broadest sense possible. In this regard, the law sets forth precise rules which must be respected. It should be noted that there is a significant exception for computer programs.
How Do I File for a Copyright?
To register a work, you must submit a completed application form, and a nonreturnable copy or copies of the work to be registered. Here’s the official “Copyright Basics” form and you must use US Copyright offices the online form SL-35.
What are the Fees for Filing for a Copyright?
Per Circular 4 from the US Copyright Office, fees to file for a copyright can cost up to several hundreds of dollars because of the cost of researching, filing forms, mailings and registration. However, a poorly prepared copyright can actually cost you thousands in lost revenue if you don’t properly protect your intellectual property. Attorney Michael Ahmadshahi helps businesses with file for and pursue copyright and trademark infringement lawyer in Orange County.
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“No Win, No Fee”. You’ve seen it on many attorney websites and commercials, and if you’re curious how this works its through the world of “contingency”. In the simplest terms Contingency fee lawyers can take your case with no cost out of pocket and you agree that they can have a percentage of the proceeds if they win your case. If they lose your case, you don’t owe them anything. Contingency fee lawyers are obviously motivated by getting the highest financial award for you, because they’re paycheck is dependent on your outcome.
