Category Archives: Law

What to Do When You’re Charged with Mortgage Fraud

Lawyer discussing with a clientThe government can charge a business or an individual with mortgage fraud if they provide inaccurate, incomplete, or incorrect information during the mortgage application. Even banks may have to face the law if they falsify documents to foreclose properties, such as what happened in the 2008 collapse.

It seems grim, but you are not hopeless just yet. Here is what you should do if you are facing mortgage fraud here in Houston.

Get Help as Soon as Possible

Do not disregard summons or any letter from the court. You need to be proactive and prove that you are willing to participate in the case. This builds the court’s trust in you. More importantly, you need legal counsel so that you will not be making any wrong statement or action.

Get a lawyer as soon as they bring up the term mortgage fraud, to cover your bases.

Be Honest

Mortgage lenders and borrowers may have different versions of the events, depending on their interests. If you are facing a fraud case, the last thing you want is to prove that you are lying. Be honest about the things you have done and the information you have provided.

Your lawyers need to know the details that can build a strong case, and you need to trust your lawyer to present all the information in a favorable light.

Be Thorough

It may seem difficult to remember some details that could change the course of the case, but if anything jumps out at you that is beyond the rules, such as your partner asking you to sign mortgage papers, be forthcoming with the information.

It is important that the blame goes to the guilty party and not to someone who was unaware of what was happening.

Mortgage fraud is a serious crime. If you are not guilty of it, you need to do everything to clear your name.

4 Ways to Recover From a Failed Marriage

Man and woman having a failed marriageGetting over a relationship takes time, especially if that relationship was formalized by marriage. Whether it happened suddenly or took its time, it does so with brute force that could make you unravel in different ways, none of which is easy.

It doesn’t matter how your ex feels about you or the split. Essentially, you are no longer living together and sharing a life. What matters is how you feel and how you cope with your new status as a single person.

Here are some ideas to make the transition easier:

Keep things private online

You might think you would feel better if you poured out your feelings on a Facebook post. Remember that whatever you put online, even if you delete it, may stay forever. If you need to talk, go on and talk to your best friend, your parents, a psychiatrist, or your divorce lawyer in Albuquerque. What matters is you talk to someone you’re comfortable with and who is capable of truly respecting your feelings and your privacy.

Don’t hit the road just yet

Many people believe traveling is the ultimate way to recover from just about any hurt. It may be true for you too – just not for now. Being lonely and depressed in a foreign country where you’re alone is different from feeling the same a few minutes’ drive to your mom’s house. You may not be ready for it just yet; you’ll know when it’s okay to pack your bags and grab your passport.

Respect your ex

Do it even if your ex doesn’t respect you. This simply means leaving him or her alone. Another way to do this is to refrain from doing things that might infuriate your ex or make him or her jealous before the divorce is final. Try your best to avoid dating, staying out late, traveling so much, etc. Besides, such things might be used against you in court.

Avoid places that make you remember

You don’t have to live like a hermit, but unless you’re ready, visiting the places you and your ex-spouse used to visit might do more harm than good. If you go with friends, but sulk all the time you’re there, even your friends might get tired of the same scene. Instead of visiting those places, try other places that aren’t too far. In a year or two, you’ll find that being in those familiar places might remind you of things, but won’t destroy you like they used to.

Getting out of a relationship is not a walk in the park, but it is doable. You just have to use your common sense, be practical, and focus on the new things that matter to you.

Legal Nurse Consultant 101: How to Start the Medical Case Review

Legal nurse consultant workingSo you’ve just received you very first medical malpractice case as a legal nurse consultant, but you’re not entirely sure how to start analyzing everything. To start you off, below are some tips to help you out with your case review.

Determine the Allegations

If you work with defense attorneys, you should review the Complaint or Affidavit, and if you work with plaintiffs, review the information their lawyers sent you to determine the case’s allegations. Otherwise, you’ll struggle. Remember, it’s your job to assess medical records and summarize them into detailed summaries so that your clients could easily read and understand them.

Aside from this, it’s also your responsibility to determine potential breaches or violations in the standard of care, which in turn help lawyers determine which medical malpractice case they should take on and which ones they shouldn’t. If you can’t determine the allegations in a case, you’ll have an incredibly difficult time reviewing the medical records because you’ll have no clue as to what to look for.

Research, Research, and Research More

After determining the allegations, you must do more research if you are not 100% familiar with the specific procedure or medical condition in your case. Otherwise, you will surely miss crucial details when you review the medical records. For instance, you’ve never worked with pediatric patients before, but then you suddenly receive medical malpractice cases concerning pediatric patients. You’re suddenly inundated with medical records containing various conditions common in kids.

The point is; research is your best friend because you’ll gain information that would help you understand the symptoms and signs any reasonable pediatrician must have recognized.

Review Pertinent Medical Records

After getting a thorough understanding of the relevant medical conditions, you can then start reviewing the medical records. Do take note that you should keep the following D’s, Duty, Direct Causation, Dereliction of Duty, and Damages, in mind when analyzing records.

So there you have it. Focus on these when starting out with your case review to make certain that your report will be clear, easy to understand, and most importantly, helpful for your client.

Why Couples Should Consider Wills and Estate-Planning

Couple Talking to a Lawyer

With high hopes of having same-sex marriage legalised in Australia, there is an expected wedding boom as same-sex couples celebrate their rights. For many same-sex couples with families, it’s about time to make their union legal; but it’s not just wedding inquiries that should be seeing high demand. It’s also time to prepare a new will.

Anything Can Happen

You could get married to the love of your life, or you could remain committed and start a family. Nothing is certain, but one thing you can do is to talk to your lawyer in Townsville about wills so that everything is taken care of in any circumstance. The will should be specific about your wishes, to ensure that your estate benefits those you love dearly, whether or not the new marriage bill passes or not.

Changes Can Always Be Made

It’s not too early to prepare a will. It’s a precaution, and should things change in your life, you can always have it revised to suit your situation. For many couples, births, adoptions, and even deaths are reason enough to change their will. There are also other situations that may warrant a change, so you should always be in contact with your estate lawyer.

You Want the Estate in Good Hands

If you have a significant estate, it takes effort, money, and time to keep things under control. You need to name an executor who will make sure that your will and trust are followed. They take care of everything when you are unable, so make sure you think about estate planning and your chosen executor carefully.

Estate planning is essential for anyone who wants to make sure their family and loved ones will enjoy the fruits of their labour. There is nothing certain about many things, but you can make certain that your loved ones are in good hands.

How Child Support Payments are Fixed

Child support with money and a gavelWhen there is a divorce or the parents separate, the court grants custody of the children to one parent. The parent who has custody has the right to request for child support payments. If you live in Colorado, the state’s family court will make a decision on the payment and the amount to be paid by the other parent.

To ensure successful process, you must work with a lawyer who can handle divorce, child custody, child support, and other family law cases. Shaynelaw.com provides information about child support.

Determining the child support

The family court will calculate the amount to be paid by the non-custodial parent after considering several factors and the child support guidelines. The first factor is the income of both parents. The parents should submit all the relevant papers to the court. Only a percentage of the income is expected to be paid as child support. The parental responsibility is the second factor and the number of children to be supported is the third important aspect. The higher the number of children, the higher the child custody payment would be.

Child support and tax matters

Child support payments can be considered as tax deductibles by the custodial parent. This payment cannot be applied for tax by the paying or non-custodial parent, too. The paternity is also considered, especially if there are stepparents involved. If there is joint custody, then the time spent in each of the homes is considered before determining the amount.

The procedure used to calculate and decide the amount needed for child support is done on a case-to-case basis. Remember that all the papers needed by the court should be submitted in an organized way. If you are having a problem complying with any document or requirement, consult an experienced child support lawyer in your area.

Legal Ace: The Job of Nurse Consultants

Legal nurse consultant workingBeing a lawyer is a complex job. For this reason, numerous legal professionals work hard to gain aces on their sleeves, especially for sensitive and difficult cases. Despite their expertise, it helps to have another hand on board.

Lawyers dealing with medical and personal injury cases require assistance from individuals knowledgeable in the field. While consulting with doctor friends, helps, they keep certified legal nurse consultant or CLNC’s close as well. These nursing consultants, who are different from paralegals, can help the legal professional by offering credible medical record analysis of their clients or of other individuals involved in the case.

Certified legal nurse consultants

These medical professionals are registered nurses who have completed courses that tackle different legal elements in a medical court case. Certified legal nurse consultants do not work in a similar fashion as lawyers. Instead, they function as skilled medical nurses that offer expertise in medical-related concerns. They use their knowledge and experience to interpret patient’s records, charts, health care practices, medical procedures, standards of nursing practices, and omissions, if any. They then present their analysis to the lawyers.

They help provide useful insights

Lawyers benefit a great deal from the nursing consultant’s insight. If it is a medical negligence case, the legal nursing consultant offers a bigger picture, providing detailed analysis on what could’ve happened during the procedure. They also offer insight on matters related to home health care, mental health care, clinical operations, forensic environment, surgery, and various facets of the pathology department.

Their biggest contribution

Nurses generally prepare the chart of all the patients. So they understand all the connotations on these medical records. In the process of providing health care, nurses have special contacts with doctors, nursing supervisors, pharmacists, therapists and other specialists. The legal nurse consultants’ biggest contribution is their ability to interpret the patients’ charts, which is a big help in most cases. They help the legal professional screen the medical records and understand the merits of the case. In the case of personal injury claims, they can help identify non-meritorious or fraudulent claims too.

When it comes to medical cases, a certified legal nurse consultant is a great asset to lawyers. They are the aces needed in acing a case in favor of the lawyers’ clients.

America’s Traffic Death Toll: A Closer Look at Road Crash Statistics

Accident lawyer helping the clientIn the past decade, there have been greater advances in automobile technology. New car models now come with electronic stability systems for skid prevention and rear-view cameras to avoid fender benders.

In spite of the improvements in vehicle safety technology, statistics show that as many as 40,000 people died in motor vehicle crashes alone in 2016. While there has been a significant increase in the number of people seeking a truck accident lawyer in Provo, the nation’s traffic death toll has been a cause for alarm among road safety advocates.

The Rise of Mobile Distractions Behind the Wheel

While cars and smartphones now have advanced voice control and features to help drivers keep their eyes on the road, data suggest that distracted driving is one of the leading causes behind the sudden increase in traffic deaths. Social media apps like Facebook and Snapchat are, in fact, creating new temptations for drivers. Compared to the past decade when drivers would talk on the phone, the use of mobile apps presents an even bigger problem.

Complacency Kills: A Lenient Enforcement of Restrictive Road Measures

Government officials and safety advocates argue that lawmakers have shown leniency in enforcing spending and drunk driving regulations. As a matter of fact, only 18 states have laws that categorize the failure to wear a seat-belt for drivers and passengers as a primary offense. In 15 other states, drivers cannot receive a ticket for failing to wear their seat-belts, unless they commit other violations.

Raising Awareness on Basic Road Safety Issues

While the automobile industry has taken the lead in developing self-driving vehicles that aim to improve safety, consumer advocate Ralph Nader believes that the measurable way to bring down the traffic death toll is to raise awareness on basic road safety issues. Encouraging more occupants to wear seat-belts and enforcing stricter regulations on heavy trucking can go a long way in preventing traffic fatalities.

Vehicular crashes have gone up in the past year. By reminding the public about the dangers of drunk driving or failing to buckle up during a trip, it could spell the difference between a life lost and a life saved.

3 Ways to Protect Your Child During Divorce

Affected Child During DivorceDivorce is always messy for families, especially those with children. The situation always affects kids, regardless of age. Here are some ways on how to protect your child during this difficult time.

Lewis & Matthews, P.C. suggests that you consider these tips when you’re working with your family lawyer in Denver.

Keep Your Children Away From Conflict

The first thing you need to do is keep your children away from conflicts and disputes, especially face-to-face arguments. As much as possible, do not fight in front of your children. You may not see it yet, but divorce leaves a mark on children. Some are able to outgrow and get past it, but some can also be scarred for life.

As Much as Possible, Keep a United Front

Even after the ink has dried on the divorce papers, it’s important to keep a united front for your children. Be there for school activities and other events that require your presence. Stay involved in their lives even if you need to comply with the custody rules. And if you are moving on with a new partner, do not keep your children away from their biological parent, especially if your ex-spouse still exerts effort to be part of their lives.

Do Not Disrupt Your Kid’s Routines

It’s important for both parents to try not to disrupt their children’s routines. Change is inevitable, but for small children, it can be so traumatic. You must create a plan on how to move forward as “separated” parents to their children.

While a divorce is between two adults, children are often dragged into it, and they end up the most affected. Consider these tips if you’re going through this tough time. May it help you and your ex-partner protect your children from the negative and life-long impact of divorce.

Workplace Conflict: Mediation VS Arbitration

Arguing Business Colleagues in an OfficeConflict is one of the many unavoidable and common sources of workplace issues. Different people simply have different attitudes and expectations about a lot of different ideas and objects, and conflict is almost always the result of this never-ending list of differences.

Conflict resolution has become such a crucial part of any office employee that most companies use it as a basis for hiring. But what do you do when a workplace conflict, especially between an employee and an employer becomes serious enough that legal intervention is required?

Well, don’t go scrambling for the courtroom just yet. Here are a few alternatives that might help you out.

Arbitration

When it comes to conflict resolution especially for smaller parties or individuals, mediation and arbitration are alternatives to litigation, which we all want to avoid. In arbitration, a neutral third party serves as an arbiter between the two sides involved and takes witness accounts, factual evidence and other courtroom requirements to make a legally binding resolution.

While this third party is rarely an actual judge, his or her decisions are often final. It helps everyone involved by putting the burden of the decision on an uninterested party to reach a fair judgment.

Mediation

Mediation is similar to arbitration in that they do not require a courtroom and a judge. The difference between the two is that instead of a neutral third party providing a decision, a mediator often facilitates a healthy discussion between the parties involved until they reach an agreement that satisfies both parties.

For conflict resolutions in the workplace, company lawyers often stand as mediators for aggrieved employees seeking some compensation from guilty employers, to avoid the draining and time-consuming processes of litigation.

As always, it’s best to avoid conflicts even before they happen and this can be achieved with a positive and healthy communication channel between all parties involved. But for scenarios that are just too serious, consider these alternatives to reach a peaceful and satisfying resolution to the conflict.

Is Your Loved One Charged with Illegal Possession of Firearm in NC? Here’s What You Should Know

Illegal Possession of FirearmEvery citizen has the right to bear arms, according to the United States Constitution. This doesn’t mean, however, that there are no limitations on that right. As a matter of fact, each state has certain laws on possession of firearms and a violation of these rules come with serious penalties. Thus, getting a phone call from a family member in jail for weapon charges is never good news.

If your loved one resides in North Carolina, here are the things you should know about the state’s gun laws:

Class 2 Misdemeanor

In North Carolina, anyone who carries a concealed weapon such as brass knuckles, bowie knives, stun gun, and other firearms without a permit can be charged with illegal possession of firearms. It is a Class 2 misdemeanor punishable by one to six months in jail. But, if your loved one was caught while he or she is on any school property, they could be facing felony charges.

Bailable Offense

As long as the charges are Class 2 misdemeanor, you can post bail to help your loved one get out of jail while awaiting trial.  Bail, however, often comes at an expensive price. What you can do is to look for a reliable bail bondsman in Greenville, NC, who can pay the bail on your loved one’s behalf and assist you with the process.

Possible Defenses

With the help of a trusted lawyer, your loved one can beat the charge with several defenses. Your side may argue that the weapon was not, in fact, a firearm, the weapon possession was for legitimate use, or that the defendant did not use the weapon illegally. 

These are some of the key information you need to know so you can help your loved one get through this ordeal with just minimal consequences. But remember, other factors such as drugs and alcohol may worsen the charges or bail and possibly weaken your defenses.