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August 26, 2013

California Notaries Who Get Themselves in Trouble

In 1999, a California notary public was fined $750 and had to perform 200 hours of community service after being caught and pleading guilty to forging a notary stamp and using it in a public office within the state of California (and then lying about). SOURCE: http://www.lastwordedits.com/unlawfulnotary.pdf

Since then, the instances of notaries public in California have gone way, way down. So down, in fact, that a Lexis Nexis search turned up only two cases in which a California notary had suits brought against him. In one of those cases, the judge found that the California notary public had done nothing wrong. In the other, the judge ruled that the statute of limitations (six years at that point) on filing a complaint had expired.

Why?

Because the laws and penalties for breaking them are so strict that there is no way any notary public in California is going to break them.

For example, a notary in California has to keep her notary seal under very strict and exclusive control. If she fails to do so, while it has to be proven that she “willfully” disregarded this rule, she is guilty of committing a misdemeanor crime. The Secretary of State (who is the boss of every notary public in California) can also suspend her commission.

It gets worse if she lets people use her seal to perform notary duties under their own name and even worse if they perform them under her name. In addition to having her commission revoked, she can be fined up to $1500 — for every instance (and every individual notarization that someone else performed).

It is also a misdemeanor for a notary public in California to fail to properly maintain his journal. There are very strict rules about which details a California notary must include in his journal. Every single one of those details must be recorded for every notarization performed.

If the California notary public misses even one of those details one time, he has committed a crime. There is a statute of limitations on this rule. After four years, a mistake in the journal can’t be prosecuted. Still, do you want to be prosecuted three years and 364 days later for misspelling a person’s name or leaving out a date on something?

These are just two (of many) instances in which a notary in California can quickly build up a criminal record. It’s important that, should you want to go after your California notary commission, you’re prepared to follow every rule down to the tiniest detail.

Remember, on the surface, being a notary public in California looks more like fun than something responsible, but it is a duty that is incredibly important. When you become a California notary public, you are becoming an officer of the court — and that comes with incredibly high standards to meet.

Erin Steiner is a writer who writes about business, legal, pop culture, and general topics (like waterhog mats) She served as a notary public.

You might also like:

California notaries who have done wrong
http://blog.123notary.com/?p=7043

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

Can a notary get in trouble?
http://blog.123notary.com/?p=21429

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January 26, 2011

5 Benefits Of Notarizing Your Business Documents

Filed under: Other Guest Bloggers — admin @ 4:25 am

The government does trust the notary public, so their signature or seal is a valid sign of document reliability. Below are a few reasons why you need to have a notary public present when you are signing your essential business documents:

Your contracts become ‘self-authenticating.’
Under the Federal Rules of Evidence, a contract with a notary public’s seal is considered to be self-authenticated; meaning that in the case of a case, the witnesses who signed the documents need not appear in court to verify their signatures. This saves plenty of time, money and acts as a huge convenience in the witnesses favor.

They ensure that your documents are signed under the right circumstances
Technically, the notary public notarizes your signature, not the documents themselves. They are reliable witnesses to the fact that the person whose signature is on the document in question is indeed the one who signed it. They also ensure that the person who signed it was of sound mind and not under any duress. Again, the notary public has to ensure that the witnesses who sign your documents are within the legal right to do so.

Notarization provides clarity
There are many legal documents now that stipulate the way people go about their lives. A Power of attorney is required by a grandchild to make significant, life-altering decisions for their ailing grandparent, or title deeds to transfer ownership of land. With a notary public’s signature, these documents’ validity can be ascertained to avoid grey areas that cause conflicts.

Notaries ensure that the documents in question are adequately executed
All legally binding documents hold the signer to a commitment, and one of the notary public’s duties is to ensure that the signer fully acknowledges the agreements and obligations. For instance, for a will to be valid, it needs to include the signature of the testator, and those of two witnesses, plus a QLD probate process to facilitate execution. Yet, some states will require that a will be notarized for it to be valid. Again, if disputes are litigated, it is crucial to have a notary present. A court considers sworn affidavits as valid if they are notarized.

Protects you from fraud, identity theft, and other kinds of crimes
Having a notary public present during the signing of your documents provides you with the safest possible fallback plan, if not a prevention plan in the case of forgery and other serious white collar crimes. In this age of technology and sophisticated forgery schemes, you cannot go wrong by having your documents notarized. Notarization is now a major risk management tool for all kinds of businesses.

Conclusion:
Many people avoid notarization services because they are an added expense and may take time. However, with e-notarization, you get quick and more convenient services to keep your business documents risk-free.

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January 23, 2011

How to choose a Lawyer for your legal needs

Filed under: Other Guest Bloggers — admin @ 8:41 am

Choosing a lawyer in this day and age is very tough as more people start to put up their portfolios and work experiences online. If you are looking for a lawyer to pursue a legal case, it is imperative that you go through a series of different checks before making your decision. Law is a very sensitive field and one that requires the attorney to have hands- on experience of handling a case. In this article, I will guide you through some important things you need to keep in mind when hiring a lawyer.

Ways to choose a lawyer:

1. Check his/her experience
Experience is the first requirement of this field. Don’t choose a minor to fight your case. Keep in mind that people who have hands-on experience of dealing cases in courts know it all. A newbie will not be able to navigate your case the way you would want it to. If you are hiring Bergman Legal lawyers, you can easily consult the company to check the experience of the attorney. Once you are satisfied with the working experience of the lawyer in the category you are looking for, make your decision.

2. Check social media profile
Most people have active social media profiles through which they contact their customers. In this day and age, with social media platforms such as Facebook, LinkedIn, Pinterest, YouTube; you can easily confirm the veracity of the services of a
prospective lawyer. Read customer reviews and precisely look for bad comments to check what went wrong. Some attorneys even have personalized websites dedicated to them through which you can register for their services conveniently.

3. Approachability is must
Don’t confirm an online deal without meeting your attorney. Keep in mind that the nature of some cases is so intense that frequent meetings need to be positioned between the
client and the lawyer. Don’t confirm the deal unless you haven’t met the attorney in person. Meeting him/her will also give you an idea about professionalism and work. Hire an attorney who lives close to your house or at least within the same city. If you hire a remotely located person, chances are very high that you both might engage in a verbal spat near future.

4. Ask for the fees payment mode
Everything that you discuss with the attorney must be written down. Nothing should be verbal. Especially the fees payment criteria should be written down so that there is absolute clarity between the two parties. Hire the person whose fees is in adherence to your budget. Hiring a highly paid attorney is going to get you in trouble if the money is
not paid on time. Also, confirm the payment mode in time. Ask the other person for installments if you can't pay the full fees in one go.

5. Conduct a background check
This is the most important thing that you need to do when choosing an attorney for your case. If you are hiring somebody through a registered firm, you will easily be able to get every detail of the person out on the paper. However, if you are randomly hiring a person online or after the first meeting, you will need to conduct a background check. This can be done easily. Just contact some of the previous clients who worked with the attorney.

Conclusion:
Lastly, when you are sure about a person’s ability to handle your case, just stick to our decision. Treat him/her well and speak your truth to that person.

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January 18, 2011

What Do Personal Injury Lawyers Do for Their Clients?

Filed under: Other Guest Bloggers — Tags: — admin @ 10:20 pm

What Do Personal Injury Lawyers Do for Their Clients?

There is a large list of issues that require the assistance of law. So many that one lawyer can’t master how to deal in each of them. That’s how the concept of different lawyers for different types of cases came into being. One of the most widely seen issues in the United States is personal injury. So the need for personal injury lawyers was inevitable. Personal injury lawyers help people get their due right from the opposite party or insurance company when they face an accident. However, there is a lot more to the job then what a common man sees. Here I’ve shared all necessary actions taken by a personal injury lawyers for their clients.

Educates You About Your Rights
They always start with educating you about the rights you have in the matter under discussion. They are lawyers who have spent years practicing this field of law. As most clients don’t understand the depth of the situation, lawyers start by explaining how the law works. You will learn about your rights reserved by the law and your responsibilities. Once you understand the situation, you would know better if you are at right or wrong and if you should pursue that case. This education helps you make an informed decision.

Investigates the Case
Not many people know but good lawyers have to investigate the case to fully understand it. For this purpose, many lawyers visit the place of accident and discuss the incident with witnesses to form a theory on how the accident took place. Many law firms hire professionals like former police officers to investigate the case for them.

Calculates the Damages
Most people that don’t have a lot of experience of personal injury cases calculate the cost of only immediate damages. Professional personal injury lawyers have a better sense of assessment in this case due to their experience. They will calculate things like the time you had to take off from your office due to injuries, incident’s mental impact on you, harassing phone calls from bill collectors in addition to the vehicle repair and other costs. They will get you enough reimbursement that you won’t feel if the accident impacted your life in any way.

Deals with Oppositions
There is a possibility that your insurance company may pay you the due right without any issues. On the other hand, you may have to fight more than one parties in the court who might be asking you to pay for all the damages. According to lawyers at Davis Law Group, Seattle personal injury attorneys, you won’t really need a lawyer in the first case; however, things get complicated when more than one parties are involved.

Fights the Case in Court
No man without a law background can fight a case in the court against a professional lawyer. They have a lot more than just knowledge of the law. Their practice allows them to understand the situation, your mentality, and answer to every question before you tell it. You will see them using tricks to get you to say things that would weaken your case. It is said that things can get very ugly in the courtroom – they said the truth. Lawyers might even attack your personal life to make you lose temper. To beat this experience, you need another professional of the same caliber.

Please also see:
Olympia Injury Lawyers

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January 11, 2011

How is Property Divided in a Las Vegas Divorce?

Filed under: Other Guest Bloggers — admin @ 11:03 pm

Divorcing in Las Vegas may be a bit different from what you are accustomed to, especially if you have moved here from another state. The first thing that we must mention is the fact that Nevada, the home of Las Vegas, is a community property state.

Basically, this means that each of the two parties involved in a divorce owns 50% of the debts and assets that have been acquired during the marriage.

Naturally, during a divorce, these debts and assets will be distributed equally between the two spouses. However, there are some cases in which the community property can be divided unequally, usually in case of a prenuptial agreement, or of a marital dissolution settlement agreement.

In the following paragraphs, we’ll show you exactly how property is divided in Las Vegas, so that you know what you are entitled to when you file for a divorce.

What is Community Property?
As mentioned above, community property is the property that’s equally owned by each spouse. All of the property that has been acquired by any of the parties during the marriage is labeled as community property, with the exception of a prenuptial agreement between the two parties which states otherwise, or when the court issues a contrary ruling, or if a property is labeled as separate and owned by one of the parties.

What Rights Do the Partners Have in Terms of Community Property?
In the case of a divorce, neither of the two partners may leave in their will more than one-half of the so-called community property. Moreover, they cannot give away that property as a gift, for example, without the other party’s consent. Naturally, the partners cannot sell any real estate that is classified as community property either, unless both parties sign the contract or deed.

Cases When Property May Be Divided Unequally
Usually, all community property is equally split in a divorce. However, there are some cases when this rule does not apply. For example, when there is a prenuptial agreement that states the division of property if the couple enters into an agreement regarding the distribution of their property, or when the court finds one of the spouses to have secreted or wasted community assets.

Separate Property in Las Vegas
As the naming implies, separate property is the property controlled or owned by only one of the two partners. Naturally, the other partner has no right to control it. Separate property is usually the property that was owned by one of the partners before marriage, or that was acquired while the two were married via inheritance, gift, or award for personal injury.

The Bottom Line
In short, the two things that you must keep in mind are the community and separate property. If you know the difference between the two, as well as who owns what, you will have no surprises when the court divides your property during a divorce.
Also, keep in mind that there are some cases in which separate property can become community property. Moreover, domestic partnerships are still under the influence of community property rights, because the couple must register as domestic partners.

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January 10, 2011

Guide to Recognizing Elder Abuse and Knowing Your Rights

Filed under: Other Guest Bloggers — admin @ 11:02 pm

According to statistics, one in ten elders worldwide experiences a form of monthly abuse. However, given that only one in 24 cases is reported, we can expect the figures to be higher.

In this respect, it is important that we know how to recognize elder abuse – no matter if we are sons, daughters, or even elders, as well as our rights and how to apply them. Naturally, one of the first steps we have to do is request the help of a nursing home abuse attorney, so that we can find out more about how we can protect ourselves and our loved ones.

Let’s see how you can recognize elder abuse, and which of your rights you can apply to such circumstances.

Symptoms of Elder Abuse
Many times, professionals miss the signs and symptoms related to elder abuse, mainly because they are very similar to the symptoms of deteriorating mental health.
Still, keep in mind that one’s ability to recognize elder abuse is paramount for prompt intervention, as well as to reduce the impact that the abusive actions had on the person’s physical and psychological well-being.
Obviously, symptoms of elder abuse can be divided into behavioral and physical. Here are some of the signs that will point you to discover if a certain elder is being abused:

Bruises – these usually come in regular patterns or clusters.
Black eyes and welts.
Evidence of lack of medication or even overdoses of medication.
Verbal report – some elders may even report their abuse.
Depression, anger, anxiety, fear, and nervousness.
Avoiding eye contact.
Getting startled easily or even cringing; their eyes may also dart.
Sudden apathy.
Withdrawal behavior.

In some cases, the person responsible for the care of the elder may not allow any visitors to be alone with the elder, or refuse them entirely.

Naturally, these were only a few of the symptoms that should make you take action. Keep in mind that there are physical abuse signs, emotional abuse signs, sexual abuse signs, neglect or self-neglect signs, financial exploitation signs, healthcare abuse, or fraud signs.

Knowing Your Rights
Always remember that every state comes with an Adult Protective Services law that you can rely on. This law helps adults with disabilities and older adults who need assistance, as a result of abuse.
Moreover, there’s also the Administration on Aging, whose purpose is the empowerment of older persons to remain safe within their communities, healthy, and independent.
Among the aforementioned, you can always rely on the National Center of Law and Elder Rights, Legal Services for the Elderly, which provides older people with legal assistance nationwide, as well as the Office of Long-Term Care Ombudsman Programs, which operate in all states.
In short, you could say that you don’t even need extensive knowledge of your rights. If you or your loved one has been abused, there are more than enough laws and associations and support groups to help you deal with this issue.

The Bottom Line
As soon as you notice elder abuse, you must act! Doing so will not only keep your loved one healthy, but will also make sure that the ones responsible will be held responsible in court for their actions.

Even though the elder is in a nursing home, they must be protected from abuse at all costs. This is the same as with children in kindergarten, or employees within their workspace.

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January 7, 2011

Caught DWI? Here’s the truth

Filed under: Other Guest Bloggers — Tags: — admin @ 7:41 pm

Caught DWI? Here’s the truth

DWI is full of myths and exaggerations. It’s almost as if it were a misunderstood story, and mostly because it’s a common charge. We know you want to know the real truth, so that’s why we’re prepared some dwi facts for you.

You can still be charged with DWI even if you haven’t had a drink

Driving While Intoxicated means alcohol – that’s what most people think. They imagine a person who cannot talk and stumble because it’s drunk from too many drinks. Truth be told, you can be charged with DWI is valid when it comes to the drugs in your system, illegal or not, prescription, over-the-counter kind of medicine or a combination between illicit drugs and prescription. In this case, make sure you do not make any admissions or statements. Give your license and insurance to the police, but decline politely to answer the questions – tell them you will not answer any question without first speaking to a lawyer.

The police cannot force you to take a sobriety test

Not many people know about this. Some have heard the truth, it’s one of the fundamental mistakes. They cannot force you to do it, so don’t do it. In this case, you can politely decline to do the field sobriety test.

You can get charged with DWI in any vehicle, even a golf cart…

…or tractor, or a four-wheeler. For instance, in Texas, a “motor vehicle” is a device in, on or by which someone can be transported on a highway. Trains are not in this category. This leaves out a lot of motorized vehicles, actually. But if you’re caught, the same DWI rules will apply just they would if you were driving a car.

You don’t actually know how intoxicated you are

Your judgement is the first thing that is going to be affected after you’ve consumed alcohol. Sure, you know what your tolerance is, but the state can and will prosecute you even if you act and look normal. They can prove what the blood alcohol concentration is. To be sure, get a portable Blood Alcohol Calculator.

Those Americans who are charged with DWI or DUI cannot enter Canada without special permission

Most of the people are shocked to find out they’re not going to enter Canada after they’ve been charged with DWI or DUI or even other alcohol-related matter. There’s one way, though, to do this, and that is to apply for a Temporary Resident Permit (or TRP) or Criminal Rehabilitation.

You can get your driver’s license suspended twice

In Texas, many people charged with DWI are facing 2 driver’s license suspensions. One has to do with the breath or blood test and the other one if convicted of a DWI. If you refuse to give a specimen of breath of blood, your driver’s license will be suspended for 180 days; if the specimen is over the limit – 90 days; if you’re getting sentenced for DWI – 2 years.

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January 2, 2011

How to choose a malpractice lawyer?

Filed under: Other Guest Bloggers — admin @ 8:33 am

How to choose a malpractice lawyer?
Ever wondered that you could run into danger even after hiring a lawyer? Yes, this does happen. Sometimes lawyers make mistakes which have serious repercussions for the clients. This scenario is acknowledged as malpractice. In medical terminologies, malpractice is defined as an issue that is caused by a doctor’s or medical staff’s negligence to the patient. It could be a simple mistake causing great damage to somebody’s brain and even death.

What is legal malpractice?
Legal malpractice is defined as the damage caused to the client in the pursuit of a lawyer lending his/her legal services. A very basic example of a mistake is a lawyer missing out on filing papers in the court. However, malpractice is not just limited to simple mistakes; it could also be inclusive of the breach of contract by the lawyer who has been appointed by the client.

How to choose a malpractice lawyer?
Choosing a malpractice lawyer becomes imperative when major damage has been done. However, it is better if you choose one who has sound reviews. Let’s go through some of the simple steps to locate a malpractice lawyer:

Consult your current lawyer
If you are already working with a lawyer on a different case then always ask for a referral. People who are in this profession will be better in guiding you through the process. In case a friend or a family member has pursued a malpractice case in the past then that’s the best hand for you.

Consult legal sites
Go for registered and verified sites. Search engines do help but can also make one run in trouble in case a fraudulent website is consulted. You can consult Seattle malpractice lawyers for top-notch services in this segment. In case you are skeptical about a website then immediately take it down from your list.

Don’t forget to contact the legal bar association of the state
Instead of hovering over the entire country, look for the legal association in your state. Just as contacting the head office is better than contacting a franchise, registering a call in the official department is wiser instead of contacting many firms in the business. The state department will be able to tell you about the people who are legally registered to help you.

Always look at the portfolio
Don’t make a choice imminently. You already wasted a lot of money in bagging a faulty lawyer in the past. This time it’s important that you go through the work history of the prospective lawyer or the firm. Don’t overlook customer reviews if you’re going through the official website.

Interview the prospective lawyer
You can easily judge your lawyer by having a one to one conversation with him. You can easily judge if he’s here to help or just to looking forward to shredding lots of money from your pocket. Talk about your case and ask the person for previous work experience.

Make an Agreement with the lawyer
Everything written in the note will always be a good reference. Don’t commit anything verbally. You don’t know how time will take to you forward. It is better to write everything down in the agreement. Don’t keep any bit of skepticism in mind and ask everything.

Sign the contract
Be confident and move on. Sign the contract after reading everything that has been typed. Make sure that fee and everything have been jotted down with much clarity.

Lastly!
We hope that you get a suitable malpractice lawyer this time. The only thing is that some wise decisions need to be made in terms of getting back with the legal procedures.

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