Month: June 2019

It is not uncommon to see the terms “legal plans” and “pre-paid legal services” used interchangeably. While they share a lot of characteristics in common, there are a number of differences you should be aware of. Both of these terms refer to an arrangement whereby you pay a fixed monthly or yearly fee in exchange for legal services. The idea behind them is to save consumers on high legal fees whilst offering a valuable service. That’s where the differences lie: what kind of service is offered and what is covered. What are you entitled to in both schemes?

Pre-paid services cover for specific legal services: free phone consultation and advice, drafting of simple wills and trusts, review of sample contracts and writing of letters on your behalf. Legal services not provided will get charged at regular attorney fees, but you may be eligible for discounts.

Legal insurance, by contrast, works much like other insurance plans, like health or car insurance. Although specific legal services are offered at times, your insurance provider will typically offer a policy that covers for all legal services. The policy will pay on behalf of you, the policy holder, or reimburse all expenses, costs or fees that you pay for legal services up to the policy limit. For instance, your policy might reimburse any fees incurred in your court judgments or pay your bail money – a service not provided by most pre-paid legal plans. Your legal insurance is also pegged to other insurance policies you may already have. If you run into legal problems involving your other insurance, then your legal insurance policy will protect you against loss or liability. For instance, if you are involved in a car accident when your auto-insurance has already run out and you are subsequently sued for recovery of damages, you will be protected by a legal plan insurance.

The other difference between the two schemes is related to your choice of attorney. In a pre-paid legal service, you get to choose from a restricted number of the attorneys in the network. By contrast, a legal insurance plan provides legal coverage regardless of attorney. You are free to set up interviews with any number of attorneys and choose the ones you think will provide the best service for your personal legal needs.

Finally, pre-paid legal plans are much more accessible to the general public. Legal plans are harder to come by as only a limited number of insurance companies offer such arrangements.

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Every year in Ireland, nearly 5000 married couples, on average, seek to get formal divorce. There are several ways to formalise the separation. Four prominent options for couples to get legally separated in Ireland, are – Annulment, Judicial Separation, Separation Agreement and divorce. Before getting a separation, it is important to choose the right way to end the marriage. Choosing the right procedure can make the process easier to handle and at the same time save time and money.

Understanding the Difference between Divorce and Legal Separation

Divorce is the ultimate way to end a marriage between two spouses but they get the chance to remarry in future. On the other hand, in legal separation the court outlines the rights and responsibilities of individual spouses living apart. They remain legally married even if they choose to live separately. Under legal separation couples cannot remarry until they are divorced as technically they are still married. Issues that can be addressed during legal separation in Ireland involve child custody and child support, division of assets and debts, spouse support, previous financial payments and maintenance cost if any.

Through legal separation it is possible to protect the interest of the spouse until they decide to file a divorce. The case goes to the court when a divorce is filed after a separation. The legal separation agreement is carried over to the divorce settlement agreement.

Ways to Achieve Legal Separation

There are essentially two chief ways to achieve legal separation. One way is to execute a Deed of Separation whereby both parties get independent legal advice. The terms of agreement can be adversarially negotiated between the lawyers. It can also be a part of Mediated Legal Separation by using the benefits of Mediation and Law. Mediated legal separation is the least costly and also the easiest way to get legally separated. However, such a solution is not suitable for cases dealing with intimidation or domestic violence.

Another way to get legal separation is through the order of the court. This is popularly known as Judicial Separation where the terms of legal separation are determined by the judge. There are several grounds to apply for judicial separation which are as follows:

One spouse should have committed adultery

One spouse should have behaved unreasonably for which it has become difficult for the other spouse to live with him or her

One of the spouses deserts the other one for at least one year at the time of application of legal separation

The spouses have lived separately from one another for at least three years till the time of application for legal separation

If the court considers that there is no normal marital relationship between the spouses for at least one year before the application of legal separation.
The document of Deed of Separation outlines the ways in which a couple can include specific details on the maintenance, property, pension and custody. The deed should be signed by both the spouse along with a witness in a formal legal document. To follow the right procedure and avoid any form of future confusion consult a family law solicitor.

Basically there are three ways to determine the Specifics of Separation

1. Spouses can work together through mediation in order to reach agreement which will be included in the legal document at a later stage
2. Solicitors appointed by each spouse can act on behalf of him or her and work to reach agreement. The adversarial negotiation process is finalised by the Deed of Separation or a Judicial Separation on consent
3. The Judge can take the initiative to solve the matter after determining the details of the case if the parties fail to agree on the terms of their separation

Legal separation in Ireland can be obtained even without visiting court. With the help of this process it is possible to save time and money. Not only that, it leaves the separated spouses with a better future relationship.

When you go through the newspaper or get onto the local news websites, it seems like every day the moment you flip to the sports section there is another article about a professional player of some sort. Whether it is a race car driver being caught for use of a banned substance or another baseball player’s career being tarnished by a failed drug test, there is always another player who is looking for an edge who gets caught. While many would say that there shouldn’t be a problem with it provided they are legal steroids, one would ask the question -Why shouldn’t they be allowed?- For years, body builders have gone through cycles of being on steroids and then off again when it comes time to bulk up for a competition, as well as many athletes who may not even play professional sports want a little bit of an extra boost each time they hit the weight room. Traditional supplements are great in that they are readily available, and for most cases they do their job provided the user is balancing their supplements with a good diet and workout routine. Why shouldn’t it be easier? Why can’t we get a hold of steroids in stores and must result to buying steroids online provided a doctor has approved the need for them after a physical examination? Look at some of the top names in baseball for instance. Sammy Sosa, Roger Clemens, Mark McGwire, and countless others have either been admitted users or their names have been splashed across the headlines because they had an affiliation with someone who would use them in their workouts. Why is this such a big deal? They found a way to get better and be the best at what they do, all the while they were only harming themselves. I understand that it could give some an -unfair advantage- if they didn’t want to use the same supplements or steroid, but I believe it should be a personal decision versus relying on what an official deems to be fair. Remember the old adage-it’s only cheating if you get caught.-? That is the direction we are already going. When you look NASCAR, which requires cars to meet certain variables such as ride height, car weight, and exterior qualifications, someone will find a way to beat the system and they will continue to until they are caught. The same thing happened with baseball. You can ban a substance as much as possible, but people will find a way around it. Maybe they shouldn’t have to.

About the Author: I am Steven Herbert and starting a regimen of steroids is not something that should be done prior to a physicians consult. If you are considering the use of steroids online to help you gain lean muscle please weigh the pros and cons and make sure you are doing it for the right reasons.

At some point in your life you might wish to buy a house. The thought of buying property is always accompanied with lengthy paper work and government formalities. Especially in the UK, your patience can be tested with the complex and time-consuming legal work involved in buying and selling matters. You will have to go through the UK conveyancing process to get your dream house. There are certain steps involved in the legal conveyancing process as below-

1)Select a house within your budget Depending on your individual financial situation calculate important expenditures in property buying. It is important to evaluate the budget and affordability factor. After taking into account things like mortgage costs, legal fees, registration of deeds and stamp duty finalize the property you are interested in buying.

2)Get a Solicitor One of the most important steps in legal conveyancing is getting a licensed and experienced conveyancer. Conveyancing is the legal work involved in buying or selling property. Conveyancers are qualified to handle legal proceedings and conduct surveys in the particular areas. They are the ones who will negotiate the price for you and help you in the legal process of transferring the ownership titles and complete the deal.

3)Get the paper work done Be prepared to undergo heavy paperwork related to your property transaction. Always check and understand the terms and conditions before signing off any document. Hire a smart and professional solicitor who will keep you updated about any proceedings in the transaction. Get involved and finish the paperwork to pace up the process.

4)Get a property survey It is very important to conduct property surveys. They will tell you about increase rates, other obligations or any defects in the property you are interested in buying. Licensed solicitors can conduct property surveys in many areas and present you with a detailed report about it.

5)Get Mortgage approval – Very people can buy a home without getting a mortgage. A mortgage is a long-term loan secured against the property you buy. It means if you dont repay your mortgage you may lose your home. There are different types of mortgages and different mortgage providers. You should apply and get a formal mortgage approval before signing the final contract for buying your property.

6)Post sale formalities Your solicitor should complete after sale formalities successfully for you. It includes stamp duty, land registry, etc. All these legal formalities should be completed for a proper transfer of property rights from the seller to the buyer.

All the above are the important steps in the legal conveyancing process in the UK. Any new buyer should understand all these steps before starting the buying process to avoid legal hassles and avoid incomplete deal transactions.

Every business established in China, whether domestic or foreign, is required to have a legal representative. He/she is the main principal of the company and is the employee with the legal power to represent and enter into binding obligations on behalf of the company in accordance with the law or articles of association of the company. Essentially, the legal representative is someone who is appointed to act on the companys behalf and Article 38 of the General Principles of Civil Law of the Peoples Republic of China defines the role as the responsible person who performs the duties and powers on behalf of a legal person in accordance with the law or the constituent documents of the legal person.

However, foreign investors often have only a limited understanding of the legal representatives role and are startled when they learn of their power and how difficult it is to replace an un-cooperative one. Legal representatives possess broad powers and potentially unlimited liability. When concluding a contract a legal representatives acts are binding on the company even if he/she is acting beyond their authorized scope. Failure to properly understand the powers and responsibilities of a legal representative can therefore lead to a situation where foreign investors are held to ransom. In appointing a legal representative, it is vital to bear in mind that the legal representative will essentially have the full keys to the company, cash, and capital.

The supervisor
Amendments to the PRC Company Law require a new company established on or after January 1, 2006 to appoint a supervisor, or board of supervisors depending on the size of the company, whose role is to monitor the activities of the legal representative. Shareholders and employee representatives of a company can act as supervisors. However, members of the companys board of directors or senior management may not simultaneously serve as supervisors. If a company has a board of supervisors, it must have a proportion of employee representatives which accounts for at least one-third of supervisory membership. The supervisor, like the companys directors, is not required to reside in or visit China.

The main role of the supervisor is to safeguard and supervise the operation of a company and exercise supervision over the work of directors and senior management. The Company Law gives supervisors an array of powers, such as inspecting the companys finances, supervising the company directors and senior managers, recommending dismissal of directors or senior managers who violate laws or damage the companys interests, proposing shareholder meetings, and any other powers specified in the companys articles of association.

The role of supervisor is very relevant to the potential liabilities of the legal representative as they are permitted to supervise and constrain the legal representative in order to reduce the potential risks of a rogue legal representative acting on behalf of the company.