“. . . Every citizen of a State owes a double allegiance; he enjoys the protection and participates in the government of both the State and the United States.” Houston v. Moore: 18 U.S. (5 Wheat.) 1, at 33; concurring opinion of Justice Johnson (1820).

http://books.google.com/books?id=1FUGAAAAYAAJ&pg=PA33#v=onepage&q=&f=false

“. . . Every citizen of the United States is also a citizen of a state . . .   . He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either.” Moore v. State of Illinois: 55 U.S. (Howard 14) 13, at 20 (1852).

http://books.google.com/books?id=LgAGAAAAYAAJ&pg=PA20#v=onepage&q=&f=false

After the adoption of the Fourteenth Amendment, the Supreme Court in the Slaughterhouse Cases, held that citizenship of a State was separate and distinct from citizenship of the United States. [Footnote 1] That a citizen of a State was separate and distinct from a citizen of the United States. [Footnote 2]

By force of the Fourteenth Amendment; at Section 1, Clause 1, a citizen of the United States residing in a State of the Union, becomes a citizen of a State also; that is, a citizen of the United States and a citizen of a State:

“The fourteenth Amendment declares that citizens of the United States are citizens of the State within which they reside; therefore the plaintiff was, at the time of making her application, a citizen of the United States and a citizen of the State of Illinois.” Bradwell v. State of Illinois: 83 U.S. 130, at 138 (1873) [Footnote 3]

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA138#v=onepage&q=&f=false

As such a citizen of the United States, as a citizen of the United States and a citizen of a State [Footnote 4] owes allegiance to the individual State government and the United States government:

“. . . [The government of the United States] can neither grant nor secure to its citizens any right or privilege not expressly or by implication placed under its jurisdiction.

[A citizen] of the United States resident within any State [is] subject to two governments: one State, and the other National; but there need be no conflict between the two. The powers which one possesses, the other does not. They are established for different purposes, and have separate jurisdictions. Together they make one whole, and furnish the [citizens] of the United States with a complete government, ample for the protection of all their rights at home and abroad. True, it may sometimes happen that a person is amenable to both jurisdictions for one and the same act. Thus, if a marshal of the United States is unlawfully resisted while executing the process of the courts within a State, and the resistance is accompanied by an assault on the officer, the sovereignty of the United States is violated by the resistance, and that of the State by the breach of peace, in the assault. So, too, if one passes counterfeited coin of the United States within a State, it may be an offence against the United States and the State: the United States, because it discredits the coin; and the State, because of the fraud upon him to whom it is passed. This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.” United States v. Cruikshank: 92 U.S. 542, at 550 thru 551 (1875).

http://books.google.com/books?id=PGwUAAAAYAAJ&pg=RA2-PA550#v=onepage&q=&f=false

A citizen of a State, since the adoption of the Fourteenth Amendment, is entitled to privileges and immunities of a citizen of the several States under Article IV, Section 2, Clause 1 of the Constitution:

“There can be no doubt that Balk, as a citizen of the State of North Carolina, had the right to sue Harris in Maryland to recover the debt which Harris owed him. Being a citizen of North Carolina, he was entitled to all the privileges and immunities of citizens of the several States, one of which is the right to institute actions in the courts of another State.” Harris v. Balk: 198 U.S. 215, at 223 (1905).

http://books.google.com/books?id=ceIGAAAAYAAJ&pg=PA223#v=onepage&q=&f=false

Therefore, a citizen of a State is also a citizen of the several States [Footnote 5]:

“The intention of section 2, Article IV (of the Constitution), was to confer on the citizens of the several States a general citizenship, and to communicate all the privileges and immunities which the citizens of the same State would be entitled to under the like circumstances, and this includes the right to institute actions.” Cole v. Cunningham: 133 U.S. 107, at 113 thru 114 (1890).

http://books.google.com/books?id=oGYUAAAAYAAJ&pg=PA113#v=onepage&q=&f=false

Therefore, in any State of the Union, there are two State citizens [Footnote 6], a citizen of a State (as well as a citizen of the several States (Article IV, Section 2, Clause 1)), and, a citizen of the United States and citizen of the State (Fourteenth Amendment). Each owes allegiance to the individual State government:

“Because the ordinance and specifications, under which the paving in this case was done, require the contractor to employ only bona fide resident citizens of the city of New Orleans as laborers on the work, it is contended, on behalf on the plaintiff in error, that thereby citizens of the State of Louisiana, and of each and every State and the inhabitants thereof, are deprived of their privileges and immunities under article 4, sec. 2, and under the Fourteenth Amendment to the Constitution of the United States. It is said that such an ordinance deprives every person, not a bona fide resident of the city of New Orleans, of the right to labor on the contemplated improvements, and also is prejudicial to the property owners, because, by restricting the number of workmen, the price of the work is increased.

Such questions are of the gravest possible importance, and, if and when actually presented, would demand most careful consideration; but we are not now called upon to determine them.

In so far as the provisions of the city ordinance may be claimed to affect the rights and privileges of citizens of Louisiana and of the other States, the plaintiff in error is in no position to raise the question. It is not alleged, nor does it appear, that he is one of the laborers excluded by the ordinance from employment, or that he occupies any representative relation to them. Apparently he is one of the preferred class of resident citizens of the city of New Orleans.” Chadwick v. Kelley: 187 U.S. 540, at 546 (1903).

http://books.google.com/books?id=bdkGAAAAYAAJ&pg=PA546#v=onepage&q=&f=false

A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution of the United States (of America), as a citizen of the several States, is a citizen of all the States, generally. Therefore, a citizen of a State, as a citizen of the several States, owes allegiance to all the States of the Union; that is, the several States. That the several States are separate and distinct from the United States is shown in the following provision of the Constitution of the United States (of America):

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several States.” Article II, Section 2, Clause 1 of the Constitution of the United States (of America).

http://www.archives.gov/exhibits/charters/constitution_transcript.html

Therefore, since the adoption of the Fourteenth Amendment, one changed from being a citizen of a State as well as a citizen of the United States to being either a citizen of a State or a citizen of the United States. In addition, under Section 1, Clause 1 of the Fourteenth Amendment, one who is a citizen of the United States can become also a citizen of a State by residing in a State, that is, a citizen of the United States and a citizen of a State. Under Article IV, Section 2, Clause 1, a citizen of a State is now a citizen of the several States, that is, a citizen of a State as well as a citizen of the several States. So in every State in the Union, there are two state citizens; a citizen of the United States under Section 1, Clause 1 of the Fourteenth Amendment and a citizen of the several States under Article IV, Section 2, Clause 1 of the Constitution.

__________________
Footnotes:

1. This was done so Dred Scott would not apply. In that case, citizenship of a State and citizenship of the United States were considered to be one in the same.

2. “Section 2 of article 4 of the constitution of the United States declares that ‘the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.’ In this there is no striking down of or limitation upon the right of a state to confer such immunities and privileges upon its citizens as it may deem fit. The clause of the constitution under consideration is protective merely, not destructive, nor yet even restrictive. Over and over again has the highest court of the United States so construed this provision. Thus, in the Slaughter-house Cases, 16 Wall. 36, it is said: ‘The constitutional provision there alluded to did not create those rights which it called privileges and immunities of citizens of the states. . . . . Nor did it profess to control the power of the state governments over the rights of its own citizens. Its sole purpose was to declare to the several states that whatever rights, as you grant or establish them to your own citizens, or as you limit or qualify or impose restrictions on their exercise, the same, neither more nor less, shall be the measure of the rights of citizens of other states within your jurisdiction”: See, also, Blake v. McClung, 172 U.S. 239, 19 Sup. Ct. Rep. 165; Ward v. Maryland, 12 Wall. 418.” In Re Johnson Estate: 96 Am. State Rep. 161, at 164; 73 Pac. Rep. 424; 139 Cal. 532 (1903).

http://books.google.com/books?id=yiI8AAAAIAAJ&pg=PA164#v=onepage&q&f=false

“. . . There is a difference between the privileges and immunities belonging to the citizens of the United States as such, and those belonging to the citizens of each state as such. The privileges and immunities of citizens of the United States are those which arise out of the nature and essential character of the national government, the provisions of its constitution, or its laws and treaties made in pursuance thereof; and it is these rights which are placed under the protection of congress by the fourteenth amendment. People v. Loeffler, 175 Ill. 585, 51 N. E. 785; Slaughter-House Cases, 16 Wall. 36, 21 L. Ed. 394. The right to use or display the flag (of the United States) would seem to be a privilege of a citizen of the United States, rather than the privilege of a citizen of any one of the states.” Ruhstrat v. People: 57 N.E. 41, at 45; 185 Ill. 133 (1900).

http://books.google.com/books?id=PAgLAAAAYAAJ&pg=PA45#v=onepage&q&f=false

In accord:

“The act was considered in Johnson v. United States, 160 U.S. 546, and we there held that a person who was not a citizen of the United States at the time of an alleged appropriation of his property by a tribe of Indians was not entitled to maintain an action in the Court of Claims under the act in question. There was not in that case, however, any assertion that the claimant was a citizen of a State as distinguished from a citizen of the United States.   . . . [U]ndoubtedly in a purely technical and abstract sense citizenship of one of the States may not include citizenship of the United States   . . .   Unquestionably, in the general and common acceptation, a citizen of the State is considered as synonymous with citizen of the United States, and the one is therefore treated as expressive of the other. This flows from the fact that the one is normally and usually the other, and where such is not the case, it is purely exceptional and uncommon.” United States v. Northwestern Express, Stage & Transportation Company: 164 U.S. 686, 688 (1897).

http://books.google.com/books?id=xOQGAAAAYAAJ&pg=PA688#v=onepage&q=&f=false

3. In addition, in a legal proceeding in federal court between a citizen of the United States and a citizen of a State, a citizen of the United States is to aver that he or she is a citizen of the United States and a citizen of a State of the Union, a citizen of a State is to state that he or she is a citizen of the Union:

“The bill filed in the Circuit Court by the plaintiff, McQuesten, alleged her to be ‘a citizen of the United States and of the State of Massachusetts, and residing at Turner’s Falls in said State,’ while the defendants, Steigleder and wife were alleged to be ‘citizens of the State of Washington, and residing at the city of Seattle in said State.’ Steigleider v. McQuesten: 198 U.S. 141 (1905), Statement of the Case.

“The averment in the bill that the parties were citizens of different States was sufficient to make a prima facie case of jurisdiction so far as it depended of citizenship.” Steigleider v. McQuesten: 198 U.S. 141 (1905), Opinion, at 142.

http://books.google.com/books?id=ceIGAAAAYAAJ&pg=PA141#v=onepage&q&f=false

4. “. . . The same person may be at the same time a citizen of the United States and a citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other. Slaughter-House Cases, 16 Wall. 74.” United States v. Cruikshank: 92 U.S. 542, at 549 (1875).

http://books.google.com/books?id=PGwUAAAAYAAJ&pg=RA2-PA549#v=onepage&q=&f=false

5. Privileges and immunities of citizen of a State are located in the constitution and laws of an individual State:

“. . . Whatever may be the scope of section 2 of article IV — and we need not, in this case enter upon a consideration of the general question — the Constitution of the United States does not make the privileges and immunities enjoyed by the citizens of one State under the constitution and laws of that State, the measure of the privileges and immunities to be enjoyed, as of right, by a citizen of another State under its constitution and laws.” McKane v. Durston: 153 U.S. 684, at 687 (1894).

http://books.google.com/books?id=mmkUAAAAYAAJ&pg=PA687#v=onepage&q=&f=false

Privileges and immunities of a citizen of the several States are those described in Corfield v. Coryell decided by Mr. Justice Washington in the Circuit Court for the District of Pennsylvania in 1823:

“In the Slaughter House Cases, 16 Wall. 36, 76, in defining the privileges and immunities of citizens of the several States, this is quoted from the opinion of Mr. Justice Washington in Corfield v. Coryell, 4 Wash. Cir. Ct. 371, 380.” Hodges v. United States: 203 U.S. 1, at 15 (1906).

http://books.google.com/books?id=HuEGAAAAYAAJ&pg=PA15#v=onepage&q=&f=false

The location for these privileges and immunities is Article IV, Section 2, Clause 1 of the Constitution:

“Fortunately we are not without judicial construction of this clause of the Constitution (Article IV, Section 2, Clause 1). The first and leading case of the subject is that of Corfield v. Coryell, decided by Mr. Justice Washington in the Circuit Court for the District of Pennsylvania in 1823.

‘The inquiry,’ he says ‘is, what are the privileges and immunities of citizens of the several States? . . .

This definition of the privileges and immunities of citizens of the States is adopted in the main by this court in the recent case of Ward v. The State of Maryland.” Slaughterhouse Cases: 83 (16 Wall.) 36, at 75 thru 76 (1873).

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA75#v=onepage&q=&f=false

6. “The Constitution forbids the abridging of the privileges of a citizen of the United States, but does not forbid the state from abridging the privileges of its own citizens.

The rights which a person has as a citizen of the United States are those which the Constitution and laws of the United States confer upon a citizen as a citizen of the United States. For instance, a man is a citizen of a state by virtue of his being resident there; but, if he moves into another state, he becomes at once a citizen there by operation of the Constitution (Section 1, Clause 1 of the Fourteenth Amendment) making him a citizen there; and needs no special naturalization, which, but for the Constitution, he would need.

On the other hand, the rights and privileges which a citizen of a state has are those which pertain to him as a member of society, and which would be his if his state were not a member of the Union. Over these the states have the usual power belonging to government, subject to the proviso that they shall not deny to any person within the jurisdiction (i.e., to their own citizens, the citizens of other states, or aliens) the equal protection of the laws. These powers extend to all objects, which, in the ordinary course of affairs, concern the lives, liberties, privileges, and properties of people, and of the internal order, improvement, and prosperity of the state. Federalist, No. 45” Hopkins v. City of Richmond: 86 S. E. Rep. 139, at 145; 117 Va. 692; Ann. Cas. 1917D, 1114 (1915), citing the entire opinion of Coleman v. Town of Ashland, in its opinion (per curiam); overruled on other grounds, Irvine v. City of Clifton Forge: 97 S. E. Rep. 310, 310; 124 Va. 781 (1918), citing the Supreme Court of the United States case of Buchanan v. Warley, 245 U.S. 60; 38 Sup. Ct. 16, 62 L. Ed. 149.

http://books.google.com/books?id=oDY8AAAAIAAJ&pg=PA145#v=onepage&q&f=false

© 2010

The average consumer who has never filed bankruptcy rarely understands that charging their credit cards to the maximum limit of their credit, then filing bankruptcy, is fraud. Instead, many people believe it is their right to buy all the assets they need now because it will help them through the bad times when they file bankruptcy.

But regardless of the logic the client may use to commit fraud, the fact remains that it is unfair for the creditors who extended them credit within the past 90 days. Besides, if the client could discharge these debts in bankruptcy, it would provide the client with an unfair advantage because the creditors were not aware of the upcoming bankruptcy filing when they granted them credit.

I am a paralegal with a sincere heart for the debtor; but fair is fair. I believe we should all work hard to keep the law fair and balanced. This is one way of doing it, making sure the clients have not used their credit cards within the past 90 days and being able to prove it to the trustee.

Because this is such an important issue in bankruptcy, in order to drive the point home even further; how would you feel if you granted a friend $5,000 in credit to buy things from your store? All you ask your friend to do is pay you back; to which she agreed. Your friend is considering filing bankruptcy after charging $1,000 at your store; which your friend listed on Schedule F of her bankruptcy petition. However, one week before your friend files bankruptcy, she comes into your store and purchases $4,000 worth of products. Your friend knows at the time of her purchase that she will not be able to pay this money back. This is the reason why this act is considered FRAUD. Your friend is fully aware of committing the fraud before the act is committed. This is known as premeditated behavior and always carries a much heavier penalty in all areas of law.

Why am I telling you all this? Because it will help you to take this issue very seriously. When you are conducting a bankruptcy client intake interview and you ask a client the question: “Have you used your credit cards within the past 90 days?” do not simply bypass this question and assume the clients are being truthful when they answer no.

During intake interviews where I have been training attorneys and paralegals, I have often found that when the client answers [no] to this question, it was nonchalantly passed by and forgotten. Unless they have been trained, many law firm staff as well as attorneys do not know the importance of this question and the repressions it can cause. And because of their lack of knowledge, many bankruptcy petitions have gone to Adversary Proceedings simply because the clients used their credit cards within the past 90 days and the credit card company provided verification when they filed an Objection.

Therefore, the article you are reading now could potentially save you thousands of hours in lost time simply by placing an emphasis on this particular issue during client intake interviews. And there is no better time to obtain this information than during a face-to-face interview with the client.

Suggestions for Face-to-Face Client Intakes

Every time you ask a question, look straight into the client(s) eyes and wait for a response. Do not try to rush them into a response. Do not try to look annoyed or coach them to provide an answer. Instead, WAIT for them to answer. Have a piece of paper beside the file where you pick up a pen and write notes during the interview. This piece of paper can also serve as a place to write down questions the client(s) may have for the attorney if the interview is conducted by a non-attorney.

Or, if you are the attorney doing the intake interview, write down notes about the questions you answered that the client(s) asked. As soon as possible after the intake interview, the person who did the Initial Intake Form interview should type out their notes and save them as a Word or PDF file which is placed inside the client(s) electronic file within the law firm. This document is an extra added piece of insurance to verify information the client(s) provided.

You will find in consumer bankruptcy that client(s) have a tendency to change their stories quite often. Normally this is only caused from being nervous and emotionally drained. Give your client(s) a break and spend time helping them to feel more relaxed. Even the smallest gesture of kindness goes a long way and the client(s) will refer business to you. Therefore, train all members of your staff to treat client(s) like celebrities and you will have a thriving law practice, guaranteed.

Suggestions for Client Intakes Conducted by Telephone

Another way to ask client(s) if they have used their credit cards within the past ninety (90) days and obtain a more truthful answer when you are not face-to-face is: “If you have used your credit cards within the last 3 months we will need to document how you spent the money in order to protect you. What credit cards have you used and what did you spend the money on?” By asking the question in this manner you are asking it in a way that is more positive toward promoting a [yes] response versus an automatic [no] when you ask: “Have you used your credit cards to make purchases within the past 90 days?”

Where Should You Place This Information on Schedule F

I have already trained my students to place the LAST DATE the credit card was used on the DATE line of Schedule F. For example:

Date: 2005, Last date used: 10/2009

When you print out Schedule F you will find that placing the LAST DATE the credit card was used in this location allows the trustee to scan down the list and easily locate the information he or she needs. If there is an Objection from a creditor, the trustee will view the information provided on Schedule F and probably request verification from the attorney.

Summary

It is my desire that the articles I write help to provide Chapter 7 and Chapter 13 bankruptcy attorneys with information they need to positively affect their law firm. If I can help your particular law firm with training and support in the area of Chapter 7 and Chapter 13 bankruptcy, simply Google my name: VICTORIA RING or connect with me on LinkedIn.

AUTHOR BIO

Victoria Ring is a Certified Paralegal and Debtor Bankruptcy Specialist. She currently serves as the CEO for Colorado Bankruptcy Training as well as the senior adviser for the 713 family of companies. Additional information can be obtained at victoria-ring.com.

Unfortunately, this method is proving to be extremely unsuccessful for many Chapter 7 and Chapter 13 bankruptcy attorneys. For example, a small law practice in Denver, Colorado recently said that she often only coverts 2 out of 10 free consultations to actual bankruptcy clients who retain her services. This is a great loss of time and money; in fact, about 80% of it.

Another attorney in Los Angeles, California said that he spends about 25 hours of free consultations per week to average 3 new clients who pay a retainer. And still, another attorney in Phoenix, Arizona said that he is spending so much of his time with free client consultations that end up resulting in a total loss of income, that he has little time to dedicate to clients who have retained him. He is considering hiring an in-house attorney or law student but is afraid he cannot afford it right now.

Problems like these, and thousands more like them are not uncommon in the average Chapter 7 and 13 bankruptcy office today. However, attorneys are finding the necessity to streamline operations just to keep up with the increased workload within the bankruptcy industry itself. They no longer can afford to spend 3, 4 or more hours per day interviewing clients, only to find out they either are ineligible to file bankruptcy; or even worse, to discover there are potential problems that may cost more time for the attorney or paralegal that were not anticipated during the initial client meeting.

A Proposed Solution

The Initial Intake Form, a tool recently developed by Colorado Bankruptcy Training, is designed to enable law firms to meet these time saving goals as well as accomplish much more.

The Initial Intake Form is a 4-page form that is basically comprised of yes and no questions. This makes it very simple and fast for potential client(s) to fill out and complete either at the law firm or over the internet by accessing the law firm’s website. The information gathered from these yes and no responses is designed to be simple and fast for the attorney to interpret also. This is accomplished through the extremely detailed, 75-page Operations Manual that comes with the package.

In order for the Initial Intake Form to provide maximum benefits to bankruptcy law firms, the form is provided to attorneys in the following formats:

1. The HTML version is designed to fully integrate with the existing law firm website. Potential clients visit the website, fill out the form and the responses are automatically emailed to the law firm. The attorney interprets the answers from the form and if the attorney decides to take the case, contacts the clients to schedule an appointment to sign the Retainer Agreement as well as conduct the client intake interview.

2. The Adobe Acrobat version is form fillable; meaning that it can be completed online from the law firm website as well or any computer in the office. The PDF form is also fully customizable so that it can be made to comply with internal law firm operations.

3. The Microsoft Word version is also fully customizable and can be opened by both Word and WordPerfect users.

As previously mentioned the main heart of the package is the extensive, 75-page Operations Manual that helps the bankruptcy law firm to quickly and easily alter their present operations in order to achieve the following goals:

Goal No 1

The first major goal of the Initial Intake Form is to provide the attorney with enough information so that he or she can more accurately project the figures for Schedule I and J of the bankruptcy petition. This will enable the attorney to more accurately determine the complexities of the case as well as the possibility whether this case will most likely become a Chapter 7 or 13.

Goal No 2

The second goal of the Initial Intake Form is to provide the attorney with enough information to ascertain the complexity of the case by examining other areas outside the financial method discussed in Goal No 1.

Goal No 3

The third goal of the Initial Intake Form is to provide the attorney with enough knowledge to reasonably give the client(s) a more accurate fee quote.

Goal No 4

The fourth goal of the Initial Intake Form is to cross-reference responses from other questions to ensure the information provided by the client(s) is consistent and accurate. This allows the attorney to maintain better due diligence which is a requirement under the bankruptcy code.

Goal No 5

The fifth goal of the Initial Intake Forms is to assist in streamlining intake operations. This is important today because of the massive growth of the debtor bankruptcy field. Old methods that used to work no longer work because of the fast moving needs and requirements within the industry itself.

To find out more and watch a product demo VIDEO about the Initial Intake Form Kit, visit:

http://www.coloradobankruptcytraining.com/products_intakeform.html

ABOUT THE AUTHOR

Victoria Ring is a Certified Paralegal and Debtor Bankruptcy Specialist. She currently serves as the CEO for Colorado Bankruptcy Training as well as the senior adviser for the 713 family of companies. Her complete bio can be viewed at http://www.victoria-ring.com

Perhaps it’s the idea that an attorney does take a share of the money you get from such a suit, or it’s the belief that a lawsuit is quick and easy that convinces some to try it on their own. Before you go this route, however, here are a few quick considerations for you.

Legal Process

Despite what you may see on television, there is much more to the legal process than standing in front of a judge and arguing your case. Papers need to be filed and they need to be composed correctly. Without these papers, you will never even get your day in court. Also, you need to understand everything involved in the process of your case including what you are and are not allowed to do.

Anything done in a court of law that is not according to legal process can get your case dismissed or thrown out of court. And if you don’t understand the legal process from the beginning, you may never even get that far.

Arguing Your Case

There is also much more to arguing your case than just standing before the judge and reciting the facts. What if the other side brings in medical experts to dispute your claims of injury; how will you answer those disputes? To what are you even legally entitled when it comes to monetary damages for an injury? What about additional damages; do you know what they are and how to ask for those as well?

The money that is charged by a personal injury lawyer can be well worth their expertise in the legal arena. Keep in mind that without their help, you may very well get nothing at all. So rather than assume that you can handle something as complicated as a personal injury lawsuit on your own, consider at least consulting with an attorney to see what they can do for you. This article is not meant to provide legal advice.

Contact Wurtzel Law of Long Island, NY for more details – www.WurtzelLaw.com

The United States Fire Administration collects statistics for the number of people injured or killed as a result of burn injuries each year in the United States. According to their data, each year there are in excess of four thousand people killed as a result of being involved in a fire and a further twenty three thousand are seriously injured and require hospital treatment. In total there are around a million and a quarter burn injuries every year in the United States and around twenty seven percent of these injuries involve African Americans or Native Americans, who have a far greater death rate from burn injuries. More men than women die in fire related accidents and children accord for nineteen percent of all deaths and older people over the age of sixty five for around twenty six percent.

If someone is injured in a fire related accident then they may be entitled to compensation for burn injuries. Such injuries can include burns to any part of the body such as the skin, eyes, lungs or even brain. In severe burn cases, hands and feet may have to be amputated.

Compensation claims usually look to recover medical expenses and any ongoing care costs as well as lost wages and potential loss of earnings. The victim can claim compensation for physical pain suffered, disfigurement, any disability they are left with and also emotional distress and mental impairment. On top of these actual damages a punitive claim can be brought for a monetary award to punish the person held responsible for the fire.

If a victim of burn injuries dies as a result of the burns sustained then there maybe a wrongful death case and the surviving spouse of the deceased or a dependent can bring a civil claim against the person or company deemed responsible for the accident and death.

This article is not to be used to replace proper legal advice.

Further legal pages: The Jodat Law Group personal injury lawyers, based in Tampa, Florida.

As a trial lawyer, I have seen many cases adversely impacted by the information innocently posted on social networking sites. Savvy defense lawyers, investigators, and insurance adjusters are routinely scouring these sites to obtain information that can damage or, in some cases, destroy your injury claim. For example, comments such as “Wow, my back really hurts after that tennis game” or “Spent last night horsing around with the kids and now my neck is killing me” can and will be used against you in your personal injury case. Even vacation photos that you post can be used to argue to a jury that you aren’t really injured.

My advice is to not post any information on Facebook that you wouldn’t want your employer, your parents, or a jury to see at a later date. If you have a pending case or claim, it is best to take down your site until the case is over with. Do not assume that by setting your page to private you are protecting yourself and preventing uninvited guests from accessing your posts. Insurance companies and defense attorneys have many ways, some ethical and some not, of obtaining this information. Remember, as Benjamin Franklin famously said, “An ounce of prevention is worth a pound of cure.”

If you have any questions regarding setting a social networking policy, or would like a free consultation about your personal injury claim, please feel free to contact me, Andrew Weinstein of the Weinstein Law Firm • (954) 757-7500.

The Coral Springs-based, Weinstein Law Firm was established by managing partner and civil justice attorney, Andrew Weinstein more than 10 years ago. The firm represents individuals and families injured in automobile and premises liability accidents, as well as those harmed by dangerous and defective products throughout the State of Florida. In addition, the firm represents Florida health care professionals in a wide range of legal issues, which include Personal Injury Protection (PIP) and insurance claims. More information can be found at www.weinstein-law.com or by calling (954) 757-7500.

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The main job of a law costs draftsmen is to settle the cost of a law case. They provide that vital link that can not only lead to a satisfactory recovery of legal costs as efficiently as possible, but can also release the lawyer to concentrate of servicing their clients without distractions. A law costs draftsman will also optimise the costs of a case ensuring the best possible outcome.

Law costs draftsmen deal with costs in every sector of law and have the best systems in place for the recovery of legal costs – the legal costs drafting service that moves cases to completion as quickly and efficiently as possible. Saving time means much less stress and hassle and also means costs saving.

A law costs draftsman recover Claimants’ Costs or Part 20 Claimants’ Costs (additional costs) on non litigated matters and litigated matters. When representing a client, a law costs draftsman will assess the case, offer advice, drafts the schedule of costs, negotiate the costs, prepare the necessary bills and costs, prepare court forms and draft replies. As you can see, there are a number of components relating to costs and without the use of a drafting service, these costs are often not tracked and optimised as well as they could be. A professional law cost draftsman who specialises in this sector of legal services is invaluable.

Legal cost negotiators can also offer the following:
Advice and assistance on RTA Predictable Fee Cases
Drafting interim Bills
Drafting Schedules of Costs for:
Allocation questionnaires
Listing questionnaires
Infant Approval Hearings
Application hearings
Consideration and Drafting of Points of Dispute
Telephone and / or email Question and Answer Service
Seminars presented by our best Law Cost Draftsman

When looking for a law cost drafting service, check the firm has the latest computer software relating to drafting and preparation of bills and costs. This ensures the firm consistently produces a quality service through every aspect of the case.

However, no matter how good systems and computers are, the most important ingredient is the law costs draftsman. Reliable, professional and dedicated law costs draftsmen operating as a team provide clients with a quality, reliable service.

So to conclude, the assistance of a law costs draftsman gives the solicitor and their client the peace of mind that all costs are fully layed out, that the costs are controlled and that the best possible practices are in place for the case.

Additional Legal Source: Shavitz Law Group, P.A. Serving all of Florida

• Large Corporations — the IRS tends to audit multiple large corporate returns on an annual basis due to the fact there is a higher chance of error.

• Potential participants in abusive tax avoidance transactions — the IRS selects certain returns based on information they have obtained through the efforts of identifying taxpayers who promote or participate in abusive tax avoidance transactions.

• Information matching — multiple returns that are selected for audit has been selected due to the fact that the forms W-2 or the form 1099 do not match the income reported on the tax return.

• Related examinations — returns may also be chosen for audit if they have been associated with issues or transactions with other taxpayers, such as business partners, who have also been selected to have their returns audited.

Related Legal Site: Thorn Law Group. Serving clients nationwide and in Washington DC.

You want to notify anyone who you feel might be responsible. Decide exactly whom you are going to notify. This will often depend on the circumstances of the accident. You will need to notify all drivers involved. This may also include the owner of the vehicles, employer if the accident involved a company car, and your insurance company. There may be other depending in your accident situation. Notify anyone that you feel could be a future defendant. The possible guilty parties must know in advance for you claim against them to be valid.

Once you have had time to think about who is at fault, you will want to write them letters. These letters should tell them about the accident and that you were injured. You may need to send to different types of people. If your accident was a slip and fall, you will need to write to the business where you fell and the property owner.

Further Legal Information: If you would like to know more about accident laws please visit the attorneys at Abrahamson & Uiterwyk.