Planning Permission Tips UK - Illegal Building Works - Is there an Upside

Many times throughout the year we are called in to assist people who have got into trouble by completing building works without Council permission. This can be either Planning or Building Regulations - often both. Guess when this 'illegal' building works is usually exposed - Right at the time when the home owner is under the most pressure & exposure to other abortive fees - you guessed it - WHEN THEY ARE ABOUT TO MOVE HOME!

I am amazed at the blinkered approach most homeowners have to completing building works without the required council consent. They just bury their heads in the sand & think that it will not be exposed - HOW WRONG MOST HOMEOWNERS ARE.

They seem to forget that most purchasers surveyors just love it when they are able to expose any illegal building works that may assist the purchaser in pulling out of the sale (strange I here you say) - you see they get paid for their survey report irrespective of the homes condition & by exposing illegal building works they obtain a 'get out of jail free card' - in other words, the purchaser is likely to pull out of the sale & not rely on the contents of the survey and thereby the surveyor reduces their exposure to negligent claims from the purchaser when some other form of defect may be discovered later on.

Not only this, but illegal building works also exposes the homeowner to clever purchasers who then use this aspect to literally blackmail the homeowner into accepting a vastly reduced offer price. If you have already invested in reciprocal professional fees, moving costs and other commitments you suddenly become what the trade calls a 'motivated purchaser' and likely to accept a far lower offer due to your personal commitments and desires.

You are then faced with a panic - to resolve the situation by applying for retrospective consents which will have a financial cost and loss of time implication thereby at high risk of losing your current purchaser.

HOWEVER, all that said - we do need to place a little perspective on the situation for some balance. Firstly it is perhaps a bit unfair to call the works 'illegal'. A better term would be 'un-approved' - remember this is not criminal legislation we are dealing with.

Also, there is a time element that affects the seriousness of the breach of control. Generally speaking, if the works have been completed for 4 years or longer then the Planning Department cannot normally insist on a retrospective permission or require the works to be removed. Building Control on the other hand have a shorter period for compliance which is normally two years. After this time (and provided the works are not an obvious risk to health and safety) they can only normally make a note within your property file. They are normally unable to insist that the works are retrospectively approved after this time.

As a guide, if you fall into this category, the longer the un-approved works have been in place, the easier it is for surveyors and purchasers to accept the works 'as is' without too much detriment to the properties value. The reason for this is clear - someone has to take a view that the works are not going to be removed or fall apart after a period of time.

Most people are surprised to find that both the Planning Department & the Building Control Department have formal applications to regularise the un-approved building works. The risk for the homeowner is how much more works are required to the property to make it comply. Often building works have to be demolished & reinstalled to the approved standard.

Therefore, any homeowner fully aware that they have completed un-approved building works and soon to move home should now put into action a 'regularisation plan' to avoid the 'eleventh hour' panic described above. Seeking early professional advice & guidance from a professional Building Designer or surveyor should be your first port of call rather than approaching the council direct.

Our 'Maximum Build Planning Guide' explains further the issues involved when installing un-approved building works.

Our 'Maximum Build Planning Guide' explains further the issues involved when extending or developing a property for planning permission.

http://www.planning-approval.co.uk

Love Illegal Aliens as You Would a Neighborhood Dog Who Killed Your Cat

Love thy neighbor, embrace illegal aliens and illegal immigrants and give us your poor; hey, wait a minute not so fast. Some citizens of the United States of America decry the 24 million illegal aliens who entered our country by sneaking in.

Many Americans are upset that 33 percent of all violent criminals in federal prisons are illegal aliens. Many people are rather miffed by the fact that we have illegal aliens and illegal immigrants are now marching in our streets in protests. We are told that we must love illegal aliens and treat them with respect as if they were American citizens. Why, they disrespect everything we are about and violate our laws.

Well, all respect from me with right out the window, as I watched the illegal immigrants carrying U.S. flags upside down and marching in our streets in protests, while chanting anti-American slogans in Spanish. The illegal aliens and illegal immigrants who have no right to be in our country also have no rights to free speech or free gathering to protest our government, my country or tell us how to run the United States of America. One American said today at a coffee shop

“If we wanted a Shet-hole like Mexico, we would have created that. Frankly, we were looking for something a little more than that and so we have built the greatest single civilization ever created in the history the human species and we are not about to turn the United States of America into a little Mexico. Get a life. Sure, I love illegal aliens as much as I love the neighborhood dog that broke through my fence and killed my grandmother's cat. Don't tell me how to run my country; we are doing just fine, why not go fix your own country.” Mr. M. Caldwell. Perhaps we might consider this in 2006.

Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/

Legal Structures

One of the most important decisions entrepreneurs make is how to legally set up their businesses. The choice can be a wise move or a costly mistake with regard to taxes paid, protection from liability, and the amount of resultant flexibility in running the operation.

The initial choice of a business form, even if it achieves optimum results in the start-up phase, may require adjustment or alteration as the business matures. It is important to periodically re-examine the appropriateness of the type selected. Below is a description and a comparison of the advantages and disadvantages of each form of organization.

Sole Proprietorship

For an individual who wants to keep the operation small and simple, this is the easiest, least costly, and least regulated type of business to enter into. A sole proprietorship can be formed by just finding a location and opening the door for business. There are the usual fees for registering your business name and for legal work in changing zoning restrictions and obtaining necessary licenses. Attorneys' fees will be less than for other forms of incorporation because less document preparation is required.

The sole proprietor has total responsibility and control, and can hire any number of employees who may even be paid a percentage of the profits as wages. The owner is personally liable for all claims, taxes and debts against the business, as well as for any injuries caused by or to employees during their employment. The sole proprietor is entitled to all profits made in the business, which must be included in the individual income tax return. If a person has assets, or is developing an asset base, this form of business exposes the individual to litigation.

Advantages

-Easiest to get started

-Greatest freedom of action

-Maximum authority

-Income tax advantages

-Social Security advantages

Disadvantages

-Unlimited liability

-Death or illness endanger business

-Growth limited to personal energies

General Partnership

A partnership can be formed by simply making an oral agreement between two or more persons, but such informality is not recommended. It is wise to have an attorney draw up an agreement among all partners, clearly stating the specific duties and rights of each of them, to help resolve any future disputes. Almost any type of management and profit-sharing arrangement can be agreed upon.

Each partner is an "agent" for the partnership and can individually hire employees, borrow money and operate the business. A partnership is not a separate legal entity, even though required to report its income on a separate, informational tax return (Form 1065), but profits made must be included in each partner's individual tax return.

The important thing to keep in mind regarding a general partnership is that each partner is personally liable, just as in a proprietorship, for debts and taxes to the extent that personal assets can be subject to attachment and liquidation if the partnership itself cannot satisfy creditors' claims.

Advantages

-Two (or more) heads better than one

-Additional sources of venture capital

-Better credit rating than corporation

Disadvantages

-Hazy line of authority

-Difficult to get rid of bad partner(s)

-Death, withdrawal or bankruptcy of one partner endangers business

Corporation

Think of a corporation as legally separate from its shareholders. This is the most important feature distinguishing it from a partnership or proprietorship. It is definitely best to get an attorney to take care of the formalities of setting up a corporation, even in the case of a small family corporation where an attorney can help prevent hard feelings and squabbles. This type of business is usually the most costly to form, especially if organizational problems are complex.

People usually incorporate to limit personal liability for the debts and liabilities of the business. However, with many new businesses this limit of personal liability applies only to judgments brought against the company for negligence, defective products, or frivolous suits. In fact, the owner(s) of a new business will usually remain liable for the repayment of loans and other debts because most major creditors, especially lenders, will try to limit their risks by requiring owners to pledge their personal assets as security for a debt. In some cases, an officer or employee of a corporation may also be personally liable for failure to withhold taxes. A corporation is a separate legal entity and a more structured form of business. It can continue to function even without the existence of original ownership or other key individuals. It also has advantages in terms of enabling employees to participate in various types of insurance and profit sharing. A corporation has more flexibility in terms of different approaches to taxation.

Advantages

-Limited liability for stockholders

-Continuity

-Transfer of shares

-Easier to raise capital

-Possible to separate business functions into different corporations

Disadvantages

-More expensive to launch and maintain

-Gives owner a false sense of security

-Heavier taxes

-Power limited by Charter

-Less freedom of activity

-Legal formalities

Conclusion

Persuasion is the missing puzzle piece that will crack the code to dramatically increase your income, improve your relationships, and help you get what you want, when you want, and win friends for life. Ask yourself how much money and income you have lost because of your inability to persuade and influence. Think about it. Sure you've seen some success, but think of the times you couldn't get it done. Has there ever been a time when you did not get your point across? Were you unable to convince someone to do something? Have you reached your full potential? Are you able to motivate yourself and others to achieve more and accomplish their goals? What about your relationships? Imagine being able to overcome objections before they happen, know what your prospect is thinking and feeling, feel more confident in your ability to persuade. Professional success, personal happiness, leadership potential, and income depend on the ability to persuade, influence, and motivate others.

Kurt Mortensen’s trademark is Magnetic Persuasion; rather than convincing others, he teaches that you should attract them, just like a magnet attracts metal filings. He teaches that sales have changed and the consumer has become exponentially more skeptical and cynical within the last five years. Most persuaders are using only 2 or 3 persuasion techniques when there are actually 120 available! His message and program has helped thousands and will help you achieve unprecedented success in both your business and personal life.

If you are ready to claim your success and learn what only the ultra-prosperous know, begin by going to http://www.PreWealth.com and getting my free report "10 Mistakes That Continue Costing You Thousands." After reading my free report, go to http://www.PreWealth.com/IQ and take the free Persuasion IQ analysis to determine where you rank and what area of the sales cycle you need to improve in order to close every sale!

HOLY SMOKE! Was THAT An Illegal Question

Let's start out by saying that you should not be too worried about being asked an illegal interview question for devious, underhanded purposes. In most cases the interviewer is making innocent conversation, or trying to find out if you are going to be able to perform the essential duties of the job.

Keeping that in mind, let's look at an example. Let's say that you see a job posting for a job that requires work on Sunday mornings. Let's also say that your resume states that you graduated from a prestigious Catholic University, and lists your hobby as President of your church's Young Professionals group. Assuming that your other experience on your resume makes you qualified for the job, would you consider it fair if the hiring manager overlooked your resume because he or she assumed that you'd be in church on Sunday mornings? Certainly not!

The law states that you cannot be discriminated against because of your age, race, gender, religion, sexual orientation, or household situation (i.e. having kids). This law is in place to ensure that all candidates get a fair shot at the job based solely on their ability to do the job. The interviewer cannot make unfair assumptions about how your lifestyle in any one of the above categories will affect your ability to do your job.

Following the example above, when you applied to the position, you knew that the job required Sunday morning hours, and don't have a problem with that. Unfortunately you won't know if the hiring manager is consciously or unconsciously deciding to not bring you in for an interview based on the religious references in your resume. Also, discrimination cases at the hiring stage are very, very difficult for a candidate to win because there isn't a lot of hard and fast evidence to win a case.

What you can do to protect yourself and head off their concerns is to address the issue prominently in the cover letter. State that you did see that the job included Sunday morning hours, and that you have no concerns with that work schedule.

Another common issue is the concept of kids. In some employers' minds, they have big concerns that your kids will become the reason why you are late every morning, and have to leave early when they get sick. Unfortunately, this is because a now former employee who abused the system with their childcare needs has probably put this concept in the interviewer's mind. It is unfair of an employer to discriminate against you because you have kids. However, you need to address their underlying concern, which is that your kids will cause you to be unreliable. Because you don't list them on your resume, the topic of your kids will probably not come up unless you or the interviewer specifically brings it up. Knowing that this could be an area of unconscious discrimination, you should NOT bring up the topic. If an interviewer does ask, you simply need to respond that you do have kids, but you are fortunate to have reliable daycare and a backup plan to take care of them when they are sick. That answer addresses the interviewer's concerns, shows that you have the situation under control and are capable of handling the responsibility of this job.

The name of the game here is to be aware of some prejudices an employer could have against your lifestyle and be prepared to show them that you are in no way a stereotypical "problem" employee. Where it is possible, you don't want to open the door to have to defend yourself on the basis of your age, race, sexual orientation, gender, religion or household situation. However, when you are preparing for the interview, have an answer in the back of your mind should the issue arise that shows that you are a skilled candidate for the position.

ฉ Red Inc. Melanie Szlucha. You can republish this information as long as the paragraph below is included exactly as it appears.

Melanie Szlucha has been a hiring manager for over 10 years. She founded Red Inc.(http://www.redinc.biz) two years ago to help people become more relaxed and prepared during the job interview process. Combining presentation and communication skills with her experience in conducting job interviews, she is able to coach job applicants through landing their perfect job. Ms Szlucha is also a job interview forum moderator on the site careercube.net. She is available for individual coaching, classes for employers and interviewees and can be contacted on her website or melanie at target="_new" href="http://www.redinc.biz">redinc.biz

Legal Process Outsourcing (LPO) Addressing Security Concerns

A major concern for law firms that are considering whether or not to take the legal process outsourcing (LPO) plunge is that of data protection. Client confidentiality is so rooted in the legal culture, and is such a fundamental aspect of professional legal ethics, that the mere notion of a pair of eyes glimpsing data from across the Atlantic and Pacific oceans sends shivers up the spines of many lawyers. Yet the ironic part is that there is a group of entities whose obsession with security issues may make that of attorneys seem a trivial thing – the outsourcing companies themselves. The building and maintaining of relationships with current and future clients is the lifeblood for service providers.

As outsourcing becomes more widespread and competition in the marketplace grows, the ability to illustrate the existence (and continued use) of powerful safeguards will increasingly become one of the significant factors for companies that are deciding which provider to link up with. Consequently, the leading outsourcing companies take security concerns extremely seriously, which may explain why many domestic studies have shown that the outsourcing process is no less secure, and may in fact be even more secure, than having the same services performed in-house.

Process fidelity is definitely necessary in the legal arena, but this needs to be placed in perspective. While legal documentation does sometimes consist of sensitive information, the sensitivity often stems from the defining characteristics of litigation and practice procedures. Law firms are no different from other companies in that they do not like to have their business practices broadcasted to the general public. However, concerning the type of damage that can be caused by leaking of information, legal data is in general substantially less sensitive than other types of data that have been outsourced for years on a massive scale. When the fact that large banks, financial institutions, and even the IRS are outsourcing on an extended basis, the entire issue of data protection insofar as LPO is concerned is put into clearer perspective. Suddenly, summons and complaints and discovery materials take on a whole new light when attorneys digest the fact that extensive credit histories, records of financial transactions and tax forms are being processed by the millions overseas.

However, this is not to say that legal information should not be afforded the highest degree of protection, especially regarding issues of conflict of interest. The legal community is one that is tightly bound together and thrives on the flow of information between affiliates and adversaries. On a regular basis, members of the defense bars network with members of the plaintiff bars. Moreover, many of the same lawyers frequent the same courtrooms in the same venues, and attend the same continued legal education courses and alumni events. Thus in order to be supremely effective, outsourcing models must place great emphasis on separation of competing interests.

The question therefore becomes: How can a law firm be assured that they are not outsourcing work to a company that is also working on the same matter for opposing counsel? While the chances of this happening may be somewhat slim, it is still a viable concern. The fact that most providers are obligated to keep the identity of their clients confidential makes it difficult for a firm to ascertain whether a current adversary is outsourcing work to the same provider.

Protections for the outsourcing firms can certainly be put into place. First and foremost, the contract between provider and client should make it absolutely clear that the provider must inform the client as soon as it learns of any possible conflict issues.

Second, the firm should make sure that the provider it chooses is able to clearly articulate – and, if possible, demonstrate – the security safeguards it has implemented to ensure the validity of the process. These safeguards should be included in the statement of work agreement, in list format, along with the additional provision that the security devices must be maintained for the breadth of the contract. Thus determination of liability of the contracting parties for any security breach that results in measurable damages will be easier to ascertain.

Third, due to the fact that technology and business procedures must often become intertwined in order for the outsourcing process to run efficiently, the security program used by the vendor should exist on both the physical and virtual levels for it to be as comprehensive as possible. It would be somewhat contradictory for an outsourcing company to rely on the fact that the production staff for two adverse law firms exists in separate offices, on separate floors or even in different cities. The very premise behind the outsourcing process is that physical separation is not a complete bar to the sharing of information – as such, a company cannot on one hand praise the concept that geographical differences are no longer barriers to the exchange of information and data, while relying strictly on geographical barriers as the only security measures put in place by the company. There is no doubt that physical separation of the production staff for adverse businesses is a good step; however, virtual separation is needed as well in order to create a robust security model.

Important questions that law firms may need answered before an outsourcing program is initiated include: How does the provider structure their production units? Are these units separated, and if they are, along what lines does the separation occur? What is the architecture of the physical premises where the work takes place? What kind of office equipment exists in that location? What types of things are prohibited from being brought to the work site? What tracking and auditing features are used in the technology that allows the process to take place? Who is responsible for the tracking and auditing? The general rule of thumb is that if the question is important enough for the attorney to ask, then it should be included in the written contract.

Once the above questions and issues are addressed to the inquiring firm’s satisfaction, the ties can be loosened and the dress shoes put on the desk, because one major aspect of the outsourcing phenomenon has been resolved. True, other issues do abound, but this one is a biggie. If the security concerns can be alleviated, then one huge step has been taken towards reaching the ultimate goal of commencing a mutually beneficial business relationship.

About the author: Stefan Belinfanti is a licensed attorney whose professional legal background includes experience in the areas of insurance litigation, labor law and civil rights law. As a legal consultant, he has developed blueprints for implementation of legal process outsourcing models for several law firms. Stefan is currently an Operations Manager for Vidhi Technological Services (Vidhi Tech), a provider of software and support services for law firms and other industry-specific businesses. More on LPO can be found at http://www.vidhitech.com/legalfirm.aspx

I've Heard About FACTA; What Does It mean

What FACTA means is that if you, as an individual, lose the information on anyone you have ever hired; or, for any business in the United States of America that collects any personal information on people, if the information should be lost due to not destroying the information properly, then two things can happen. First, there are federal fines of up to $2,500.00, and state fines up to $1,000, per employee, per incident. Second, the business is liable for any damages the individual suffers as the result of a breach of information.

Take an example that the company loses information due to negligent destruction (i.e. you don’t own a shredder and throw the information into the dumpster). Nothing in FACTA really determines what the employee has to do to prove “negligent destruction” on the part of the employer, so an employee could simply state that the employer had lost the information, and even if the employer had burned the information into ashes, it would be up to the employer to show that the information had not gotten out due to his or her company’s negligence.

Business Week says that the average damages for Identity Theft victims are $92,000.00 and up per person. Using this statistic, if you have 10 employees lose their identities, then on average, your liability is $920,000.00. Statistically, you are responsible for an average of 75 bad checks and 8 credit cards per employee. The average Identity Theft victim also spends 600 hours getting their credit restored, which means that you will have 600 hours per employee, so potentially 6,000 hours for 10 employees, which you will be responsible for paying employees who aren’t even at work, because they have taken time off to deal with the Identity Theft.

According to John Gardner, co-author of Chicken Soup for the Entrepreneurial Soul, “The damages are devastating to any business.”

There are many problems related to people’s identities that don’t deal with credit issues. Contrary to popular belief, only 26% of identity theft issues relate to credit issues. The other 74% of the issues, according to Gardner, are related to the following four areas:

Someone stealing your DMV record. Example: An identity thief wants to drive under your employee’s name instead of theirs. This will help the Identity Thief to not get caught in cases of DUI, unpaid speeding tickets, etc. Your employee is then blamed for their driving record.

Someone stealing your MIB record. This is your Medical Information Bureau Record. Example: An Identity Thief wants to have an AIDS test done in your employee’s name, rather than theirs, or have their prescriptions filled using your employee’s Medicaid or Medicare benefits

Someone stealing your character identity to commit a crime in your name. Imagine this – your future employee comes to your child care facility, and everything sounds good about this candidate. However, you run a criminal background check, and find out that they have three arrests for child pornography and one for drug trafficking to minors. You bring the record to their attention, and they insist it’s not them.

Your employment record. Example: An Identity Thief wants to earn income using your employee’s social security number, but let your employee pay taxes on the money they earn.

As a result of this, Gardner says that “Businesses need to offer 24 hour per day, 7 day per week access to attorneys….I think that the danger is so large to any business, that they may want to [pay for] some of the cost of this, to encourage the employees to get the benefit…If a business does not understand that they need the help, they are living in a dream world.”

Employers should also offer some sort of Identity Theft protection, and ongoing background monitoring. This can be offered as a voluntary benefit which has no real cost to the employer, as a fringe benefit paid by the employer, or can be a combination of both. When an identity thief uses your employee’s information, (for example an identity thief takes the employee’s current address, and uses it as their previous address when they apply for a mortgage,) ongoing background monitoring will notify your employee when the identity theft happens.

Most people don’t find out that they have become victims until that Identity Thief, who has used your employee’s credit to finance their mortgage, stops paying bills, is picked up for a crime, or doesn’t pay taxes. Ongoing monitoring provides an early warning system, so that your employee will be able to call an expert who can correct the problem when it takes place. This will save your employee’s time, and limit the losses your employee will incur as a result of the breach of their information. This will also save you the costs associated with the frustration and lack of ability to pay attention as work.

Even if your employees don’t elect to have the benefits of legal services and identity theft protection, having a mandatory meeting where employees hear that you have made this coverage available to them will provide an affirmative defense, should an employee ever accuse you, as the employer, of having lost their personal information.

Under FACTA, access to an attorney and credit restoration, are benefits that employers need to offer. Ongoing background monitoring will mitigate damages that the employee can experience because the early warning system will be in place to handle the issues. Access to an attorney and credit restoration will drastically reduce the time the employee spends away from work dealing with the issues surrounding identity theft and other personal legal problems.

Failure on the part of an employer to offer this benefit leaves a company exposed to thousands (and even millions) of dollars in potential damages, and leaves employees subject to the time, frustration, and headaches associated with being a victim of Identity Theft.

Jonathan Kraft is a benefits consultant who specializes in educating people about how they can get affordable access to the legal system. Because of his work in the field of electronic Identity Theft, he has come to be known as Colorado’s Foremost Expert on Computer Related Identity Theft. To schedule a time for Mr. Kraft's company to present Identity Theft and Legal Service protection to your employees, please contact him at (877) 825-7119. You can also find out more on the web at http://www.strive4impact.com/group

Credit Card Processing How to Legally Beat the System by Passing Processing Fees to Customers

Imposing surcharges on credit card transactions is illegal, and it will only lead to problems. The secret to beating the credit card processing system is not charging more for credit card sales, but instead is charging less for cash sales. It may sound like the same thing, but there is a big difference.

The increasing costs associated with accepting credit cards are leaving many merchants searching for ways to pass along at least a portion of processing expenses to their customers. Card originators such as VISA and MasterCard are becoming wary of this new trend and are enforcing strict regulations specifically designed to hinder any such efforts by merchants to impose surcharges on credit card purchases.

Discount fees, transaction costs, and other expenses associated with the acceptance of electronic bank cards (credit and debit cards) are putting a strangle hold on to the NET profits of businesses of all sizes. To help minimize the impact that processing costs are having on profits, many businesses are charging a surcharge to customers that choose to pay for products or services using a credit or debit card.

Card originators such as VISA, MasterCard, American Express, and Discover have a lot to lose if the practice of imposing surcharges on credit card transactions becomes popular among merchants. When merchants impose surcharges on credit transactions, they make purchasing on credit a less appealing option to consumers, and many consumers choose to avoid the additional cost by simply paying with cash or a check. A decrease in the use of credit cards by consumers translates directly into lost revenue for processing banks. Not only do banks lose out on the processing fees that they would have collected from the merchant, but they lose any finance charges that would have been incurred by the customer as well.

You may wonder why so many businesses still choose to place a surcharge on credit transactions, even though it is strictly forbidden in the processing agreement they had to sign when opening their merchant account. Quite frankly, many business people choose to ignore this clause in their processing agreement and impose a surcharge anyway. This approach is not recommended. When and if these businesses are discovered, their merchant accounts will be terminated, and they may even be placed on the Terminated Merchant File (TMF) which will make it nearly impossible for them to acquire another merchant account.

Card originators and banks have control over credit card (bankcard) transactions, and they can legally ban a merchant from imposing surcharges. However, they do not have any legal control over other forms of payment such as cash and checks. The largest card originator (VISA) has even published information stating that, "You may, however, offer a discount for cash transactions, provided that the offer is clearly disclosed to customers and the cash piece is presented as a discount from the standard price charged for all other forms of payment".1

Most merchant accounts operate on a tiered discount pricing grid and, ironically, the secret to beating credit card processing fees is to impose tiered pricing on your products and services as well. The old saying, "if you can’t beat em', join em’" applies perfectly.

While you can’t charge extra for credit card sales, you can charge less for cash as long as all prices are clearly stated to customers, and the cash price is reflected as a discount from the original purchase price. For example: if the price tag on an item states that the item costs $10, the cash price must be represented as a discount from that price. The price tag for this particular item should look something like this:

Price: $10.00

5% discount for cash payment @ $9.50

5% Discount for Check Payment @ $9.50

By utilizing a tiered pricing grid, merchants can alleviate the cost of accepting credit cards, while still providing their customers with the freedom to choose their preferred method of payment.

1. Published by VISA in the Card Acceptance and Chargeback Management Guide for VISA Merchants, ฉ2004

Copyright 2005 Jack Lang

About the Author:
Jack Lang is the senior contributor member at http://www.merchantcouncil.org. The Merchant Council is a free resource dedicated to assisting businesses obtain and manage credit card processing and merchant account services. A wealth of merchant account information can be found at MerchantCouncil.org.

Advanced How-To Credit Repair Tips

If you have been denied new credit because of your existing bad credit then you will save time and money by following these three steps.

1. Explains WHY your credit repair rights are legally protected.
2. Describes WHERE you should begin to start your credit repair actions.
3. Dictates HOW your credit repair actions should be performed for maximum effectiveness.

1. Further your understanding of the Fair Credit Reporting Act (FCRA). These Federal rules, regulations and guidelines have to be followed by consumer reporting companies - Equifax, Experian, and TransUnion in order for them to be consumer reporting companies. Specifically for our purposes we will focus on three parts of the (FCRA)



1. Read FCRA Section 611(a)(1)(A) which states:

   "If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer."

2. Read the FCRA Section 611(a)(3)(A) which states:

   "...a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information." The law requires that an agency notify you within 5 business days if they determine your dispute to be frivolous or irrelevant. The law does not dare to define what is grounds for making such a determination except for "failure by a consumer to provide sufficient information to investigate the disputed information."

3. c. Read the FCRA Section 611(a)(5)(A) which states:

   “Historically, an item that was deleted would occasionally reappear on a consumer's credit file. This occurred when a credit grantor automatically updated a consumer's payment history. Most often this happened with a credit granter with whom the consumer still had payment activity. However, the new FCRA does not allow a deleted item to be added again unless the creditor certifies that the information is correct.”





2. Take an active role in maintaining an improving your credit by getting your free credit report.



1. The FCRA requires each of the nationwide consumer reporting companies - Equifax, Experian, and TransUnion - to provide you a free credit report, at your request, once every 12 months.
2. You can order three ways

1. Online at www.annualcreditreport.com
2. On the phone 1-877-322-8228
3. Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

   You need to provide your name, address, Social Security number, and date of birth. If you have moved in the last two years, you may have to provide your previous address. To maintain the security of your file, each nationwide consumer reporting company may ask you for some information that only you would know, like the amount of your monthly mortgage payment.






3. Three things that you MUST do for effective credit repair results.

1. Always dispute in writing.

1. This step allows you to enclose copies of supporting documentation when needed.
2. Gives you a physical audit trail if needed.

2. Make sure each dispute has a specific reason and a specific action to be taken.

1. This step will effectively prevent the agency from not being required to reinvestigate an item for which it deems "frivolous or irrelevant." As stated in FCRA Section 611(a)(3)(A).

3. Always send your disputes return receipt

1. (611(a)(1)(A) of the FCRA the agency is allowed 30 days to correct the status of the item; or, if the item is found to belong to someone else, or, can no longer be verified, then the agency must immediately delete the item from the consumer's record.

Following these three steps will save you time and money as far as restoring your credit is concerned. Time because you will get the maximum effectiveness from each action you perform. And you will save money because effective credit repair actions will ultimately lead to lower interest rate payments.

Copyright (c) 2005 by Bruce A Hoover. All Rights Reserved.
Effective legal step by step HOW-TO credit repair information.
"Credit Guru" Author Bruce Hoover has taken this information on-line to serve you better.
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Illegal Immigration, Trade Barriers and Trade Relations Discussed

We are seeing many countries whose economies, and all they have built in the last ten years through trade with more wealthy nations, get hurt as even newer entrants come into the market on price. Meanwhile many of our trade partners are mad at us as we turn to protectionism especially a few years ago with steel import taxes, import taxes on lumber, and disallowing fruit and other commodities from South America. We have some countries mad at us like France, who can never be satisfied and third world countries, which say if you do not buy our stuff give us free money?

There are hundreds of examples we have been through and articles in The Economist, World trade, HBR, Forbes, Fortune Business Week and Foreign Affairs that I could cite, but for wanting of more time to move onto other important topics, just believe me.

Meanwhile the border has opened up to Mexican trucks to bring in goods faster and cheaper. Also with the drought in Northern Central Mexico water has been a tough issue (many are conserving to survive) and that coupled with job losses we are seeing more seeking a better life in the US. Many are calling for a complete reform of immigration policy;

http://profiles.numbersusa.com/improfile.php3?DistSend=MO&VIPID=460

However on the other side we are finding increased productivity from these groups of illegal aliens. We are also finding extreme entrepreneurship from these people and the SBA has made a web site in Spanish to stimulate growth in small business and thus jobs for all Americans. I would like everyone to know the significant problems associated with third world countries failing economies on the furthering and betterment of the human race. It affects us too and very much affects our nations monetary outflows and thus our economy as well. Think on this in 2006.

Lance Winslow

Legal Strategies in Business Plans

Writing a Business Plan these days is tough, venture capitalists are busy and there are so many ideas to choose from. Bankers want a tight, sweet and to the point business plan. Family Members who may lend you money are generally worrisome due to lawsuits and liability. This is why you need to pay particular attention to the Legal Section of your Business Plan.

Below is a sample legal section of a business plan written for a mobile car wash company, which is part of a franchise system. Now that is a truly simple business, but it serves also as a very good sample in that it is easy to follow. I recommend that you print this article and make notes in the margins about your own business concept and then modify this sample to fit your business. In doing so you can create a strategic plan and legal strategy, which can protect your assets and put your investors at ease.

- - - - - - - - - - - - - - - - - - - - - - - -

LEGAL STRATEGIES:

Licensing

All city and county licenses will be acquired and paid for by the franchisor as part of our turn-key franchise package. This will include:

City Business License

County Permits

Fictitious Business Name Statement

Home Occupation Permit

Soliciting Permit (If Applicable)

Regulations

There are presently some state requirements for discharging water into storm drains. These regulations are locally regulated and mandated as part of the Federal Clean Water Act. These regulations are now administered by California’s Regional Water Quality Control Boards. They can be viewed in the California Water Code books under sections 13.260.1-13.263.4. Although cities cannot enforce the California Water Code, they can deny a business license application or a home occupation permit. Many counties have adopted “Best Management Practices” for wastewater run-off. Usually counties have chosen not to try to regulate mobile car washers or mobile detailers because they use biodegradable products, which are harmless to the environment and they are considered non-point source discharges. Nevertheless, some agencies feel it is in their power to protect themselves by simply denying everything that has a discharge.

The Car Wash Guys have received the only letter of exemption to section 13.260 of the California Water Code from the chairman of a regional board. This was a major accomplishment for the founder of Car Wash Guys International, Inc. after a three year legal battle started in 1990.

Insurance

As specified in the Franchise Offering Circular, we must maintain certain insurance policies. The standards and specifications of these policies are set forth in our borrowed copy of the confidential operations manual. These policies include the following limits of liability and comprehensive coverages:

1) Comprehensive General Liability Insurance in the amount of $1,000,000 bodily injury per occurrence and $500,000 property damage

2) Vehicle Insurance in the amount of $1,000,000 single limit, including comprehensive and collision

3) Worker’s Compensation and Employer’s Liability Insurance

4) Equipment Insurance for the value of all The Car Wash Guys equipment

Our franchisor will help us secure this insurance and will make the initial monthly payment to start the policies. As per our Franchise Agreement, our franchisor will be named as additionally insured.

We expect to pay between $250.00-$500.00 per month for this coverage the first year. We don’t expect any claims so our insurance will drastically be reduced at the end of our first year. Claims in our industry are very rare.

Lance Winslow

Is Your Business Legally Prepared

It is imperative to have your business legally prepared. How you ask? You need to have a business license, a home occupation license, if running your business from home, a city or county license, (depending on what State you live) plus you need to register your business as fictious if you are not using your name as a business. For instance, If John Doe has a business
name as John Doe's Grooming Parlor, a fictious name isn't necessary.

When opening a business in your residence, additional information is required. Some businesses require more than a city license to be fully licensed. Please check with your local city & state office for detailed information.

While it is my understanding that there are many businesses who are operating "under the table", so to speak, I highly advise against this practice. If you are just interested in selling a few things out of your home, don't worry about this section, as you should not have any form of tax liability for selling your own belongings. However, if you start a business to make some money, you need to look at the legal aspects of running a business. Eventually, those who operate under the table will be caught.

If you are running an internet business it is not as anonymous as some people may believe. Keep in mind, the government designed the Internet in the first place! They know how it works! Legalize it and you will sleep better at night!

It really is simple. This is not as complicated as you think, so don't worry! I know I fussed and fretted over this for a good while and when I actually went "legal", I kicked myself because the process was so simple.

Follow the steps below to get you started:

1. Determine the type of home business you want to start. Sole Proprietorship, Partnership or Corporation.

* A Sole Proprietorship is the least costly and least complicated way to set up your business. Remember that a Sole Proprietorship is totally dependent upon your ability to work and have good ideas for growth. There is no other person in the business to rely on.

* A Partnership happens when two or more entrepreneurs form a company. Legal fees for setting up such an arrangement are usually more costly than those required for a Sole Proprietorship and less costly than a Corporation. The up side of a Partnership is more capital for growth and more ideas for how to grow the business. The downside is getting rid of a bad partner.

* A Corporation is the most complicated and most costly of the three options. The ongoing accounting, legal, and tax reporting obligations of a Corporation are much more complicated than for the other two options. Corporations have boards, shareholders, and shared responsibility for the business. It is necessary to keep everyone informed of decisions, the company's financial status, and a host of other actions.

It is wise to seek the advise of an attorney in the beginning of your work-from-home situation in order to avoid serious problems later on. An attorney will guide your decision about what legal
form your company should take.

2. If using a fictious name for the business, it must be registered first with the state. Call your city & state office to find out their phone number. Usually, you can do this online. Visit their site and fill out a fictious name form. A fee may or may not apply.

3. Is your home located in the city? Some states like Florida require a county license if your busines isn't located in the city. If not sure, contact your local jurisdiction office for licensinig information.

4. Complete the home occupation application and the business license application. You may download the forms from your city hall website. Call your city hall office to find out their website address and fees.

5. Forward your applications and fees to your city hall office either by mail or by visiting the office. They will usually accept cash, checks, debit cards, VISA, MasterCard or American Express credit cards. Again, check with your local city hall office.

If you visit in person with your applications and appropriate fees, you will get your business licenses the same day. However, if you do all of this by mail, you would need to wait at least 2 to 3 weeks to receive your licenses. Either way, you are on the right track.

Congratulations!!

Sonia Colon is owner of a successful
online specialty giftstore "Jimson Products".

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Legal Interview Questions

I’d describe legal interview questions as ones that might appear a bit iffy but are actually acceptable depending on the specific job or industry you are interviewing for and depending on where you live and employment laws that apply.

Some of the legal interview questions you can be asked might be ones we’ve already discussed on this site. Some questions might simply be part of the interview process to help the employer gauge your suitability for the position and your suitability to join the company and will enquire about your:

Work experience and how it relates to the job

Education and/or relevant certifications or training

Ability and propensity to travel

Ability to work overtime, shift work and/or weekends

Ability to legally work in the country

Criminal record (if any).

Again, local laws might dictate what constitutes legal interview questions and which questions are off limits.

Some of these questions might be necessary depending on your industry and level of position.

If you are interviewing for a job in a different country, you will need to gain the legal ability to work in that country first so this is obviously a concern for a potential employer if gaining this status might take you months or years.

If you were interviewing for a position that involved security clearance, any criminal record would obviously be an important consideration for the hiring company.

These are just two legal interview questions that might be crucial to you getting a particular job or joining a particular company.

Before you attend an interview, try to have a clear idea of possible legal interview questions that you might be asked given the job you are applying for, and given the industry you work in.

Carl Mueller is an Internet entrepreneur and professional recruiter who wants to help you find your dream career.

Free newsletter: Separate yourself from other job searchers by signing up for his free monthly newsletter: http://www.find-your-dream-career.com/dream-career-finder.html

Free 5-day course: Sign up for The Effective Career Planner, Carl’s free 5-day course: http://www.find-your-dream-career.com/effective-career-planner.html

Please feel free to reprint this article in its entirety in your ezine or on your website but please don’t change any of the content and ensure that you include the above bio that shows my website URLs.

Investigate Your Cheating Spouse - Benefits of Using a Casebook

A cheating spouse thinks and lives on a completely different wavelength than the Victim. In most cases, to the cheater a "little" affair is thrilling, it's deserved and it's not a big deal. Of course the cheater would never consult you to confirm that. "It didn't mean anything," says the cheater many times as if you, the victim, should accept this qualifier as some sort of consolation. If you suspect your spouse is cheating, time is critical. You need evidence and you need it fast!

Scenario 1:

John Smith begins having an affair with the boss of his wife, Sally Smith. The Boss takes out and pays for a new insurance policy on Sally's life, because Sally is a key person. Sally or John signs the paperwork for his wife making the Boss beneficiary. The affair goes on for a year to no one's notice. Then into the second year Sally learns of the affair and the Cheater and the Boss slowly drive Sally to suicide. The 2 year elimination period for suicide on the policy has expired and the policy pays the Boss $1.0 M. It happens.

At $65-95/hr, hiring a private investigator can be expensive! However, fact is, many times the Victim knows in their gut that an affair is happening to them. And with some assistance, they can be very effective in gathering clues and confirming the affair of their own volition. They know their spouse is seeing someone; they just can't prove it. They don't know what to do. They don't have the investgative know-how or skills or tools or confidence. And more importantly, they don't know what NOT to do to preserve the prospect of building a case of infidelity. And even if the Victim does stumble onto some how-to PI tricks to gather some evidence, they often blow their chances to use it due to expoliation of evidence, interrupted Chain of Custody or some other legal technicality.

So, what can a manual like SnoopFile's Cheating Spouse Casebook do for a Victim of infidelity? Coaching. A victim spouse needs some sort of step by step assistance through the logical steps of "conducting their own" Investigation. The following are a few essential steps utilized by a trained private investigator:

1. Clarify the GOAL. Ninety percent of a Victim's heartache can be alleviated with a clear focus and adherance to an objective. If based on probable cause and probable outcomes, you opt for a frontal approach - a forthright talk with your spouse - then clarify the possible outcomes. Write them down. Realistically define a "successful talk". If you opt to investigate, then clarify your steps using a Investigator's Casebook, for the self-destructive nature of feelings will otherwise undermind your investigative efforts.

2. Quickly confirm - Is he cheating? An investigation is a systematic inquiry into the facts of an event or a person. A casebook can help you systematically get answers to your questions quickly, so you can begin plotting your course to resolution. You may have already accused your spouse. And he has discounted and brushed aside the charges leaving you hurt and still uncertain. SnoopFile's Casebook equips you with a guide through a step-by-step process of gathering clues and building a timeline. At the conclusion of this process, you will quickly confirm facts and have your PROBABLE CAUSE and reason to investigate further.

3. Confirmed. Now what? Once you have a collection of clues, then you have probable cause. Now, it's time to decide what course your will take. A naval ship-driver calls this a "biforcation". And a biforcation bouy gives you some idea of which track a pilot officer should take. You will not have any bouys except for your heart. You may need a coach to help guide you through a protocol of questions about your husband, yourself and your personal or economic situation. Having answered these questions, you will KNOW the logical or reasonable thing to do. And you will choose your track.

4. The Steps of Building a Case. Investigation is a very simple process, but it requires tools, a little discipline, and a few tricks. A manual like SnoopFile's will COACH you through the uncertainties based on investigative algorithms, experience tools and knowledge of human nature. Sometimes in such an ordeal, we simply need EMPOWERMENT with tools for gathering evidence, PI tricks of the trade to outsmart and stay ahead of a possible Cheater.

5. The Law and Privacy Rules. Every investigation should be carried out in a manner, such that its findings and evidence are acceptable in a court of law. And that case evidence will be direct and subtantive (prima facia = able to stand on its own) evidence, rather than indirect or circumstantial. Don't worry. There are only a few simple concepts you must understand as you investigate. There are a few Privacy Rules and Rules of Law pertaining to investigation which we will show you to help ensure your investigation is legal and your evidence is acceptable in a court of law - in case it ends up there. An investigations manual such as Snoopfile's Casebook would equip a Victim with "navigational" aids through these general concepts of the Law!

6. Rules of Evidence. First, you may be right about your suspicions, but there's not much a judge can do about your testimony without corroborating evidence. The fact that you saw them kiss with your own eyes will be predjudiced by your relationship to the Cheater. Likewise, there's nothing worse than obtaining that juicy piece evidence - a video clip, an incriminating email or a receipt - only to find out that you violated the Cheater's right to privacy. Violate Privacy Rights and I promise you any half-motivated attorney will have the evidence declared inadmissable. Or worse, you failed to control and properly handle the piece of evidence and so document it's Chain of Custody.

7. Where to Look for Evidence. A good Casebook like Snoopfile's discusses the WHAT and WHERE of evidence collecting in great detail. Now, as you uncover and examine some of these clues, it's important to be able to detach yourself from the relationship. This takes practice and a little redirection from time to time.

CAUTION!

People are arrogant creatures, myself included. We ask for advice only to discount it. We ask for help, only to skip over steps which we don't believe are important. Don't do this. Don't be arrogant. Steps in an investigation may seem simplistic or elementary, (Dear Watson). But this is where investigators go badly wrong. Step back! Being a good investigator is being disciplined - methodical. If you don't want to be that - then you get to pay $65/hour, $2,500 per week to hire a private investigator. Got your attention?

So, let's put on the Private Investigator hat. To whet your appetite, here's a short list:

INDICATORS

- dieting out of the blue; obvious weight loss

- poorly conditioned, yet now "pumping iron" all of a sudden

- mood changes accompanied by irritability

- happy to be alone or happy away from you

- large unexplained vehicle odometer reading changes

- (for more, refer to a good Cheating Spouse Casebook).

Chuck is an ex-Naval officer with combined 16 years of military, commercial and domestic investigative experience. He is a licensed Private Investigator, who received training under Larry Davis, who is rated among the nations top 10 Private Investigators and Protection Specialists.

As Certified Fraud Examiner, Chuck is trained in analysis of dishonest behavior, speech and body language indicators. He is the owner and Director of Ops for http://www.SnoopFile.com where you may find Snoopfile's Cheating Spouse Casebook.

Legal Planning for Small Businesses Ten Biggest Mistakes

Owners and managers of small businesses frequently fail to adequately address legal issues. This failure may stem from being busy with other matters, unaware of or insensitive to legal concerns, or reluctant to spend the money to hire an attorney. Unfortunately, such businesses may end up incurring substantial expenses or liabilities that could have been avoided with good legal planning.

Following are ten key legal mistakes frequently made by small businesses:

1. Failure to Prepare Corporate Minutes.

To preserve the shield protecting shareholders from personal liability for corporate debts, a corporation must observe formalities such as preparing regular minutes of the Board of Directors and the shareholders. The lack of minutes also can jeopardize the validity of various corporate tax deductions, particularly in the areas of officer compensation and benefits.

2. Failure to Update Purchase Order and Invoice Forms.

The lack of proper legal provisions in these forms could place the company in a weak legal position in the event of a payment or other dispute with a customer.

3. Lack of Nondisclosure Agreements with Employees and Contractors.

Much of the value of many start-ups resides in their intellectual property. Solid nondisclosure agreements are essential to protect that property.

4. Lack of Current Buy-Sell Agreement.

Almost any business with more than one owner should have a buy-sell agreement. A buy-sell agreement defines what happens upon the death, retirement, or termination of employment of one of the owners, or when an owner desires to sell his or her interest in the business. The absence of a buy-sell agreement can result in unintended consequences or a legal quagmire in such circumstances.

5. Lack of Up-to Date Employee Manual.

An employee manual sets forth workplace rules and policies and procedures relating to the employment relationship. The lack of a satisfactory manual increases the risk of misunderstandings or legal violations, which can result in expensive employee disputes, lawsuits, and governmental penalties. In addition, a manual needs to be updated frequently to deal with changes in the law.

6. Failure to Document Transactions Between Corporation and Owners.

Shareholders often enter into transactions with their corporations, such as leases of real or personal property or loans to or from the corporation. The failure to satisfactorily document these transactions (as with the neglect to prepare regular minutes) can weaken the corporate liability shield or lead to adverse tax consequences.

7. Failure to Update Corporate Articles and Bylaws.

Articles and bylaws need to be reviewed and modified from time to time to take account of legal changes. Otherwise, the corporation could find itself in violation of corporate laws or subject to cumbersome and outmoded corporate procedures.

8. Lack of Stock Option or Other Equity Plans.

The absence of well-designed equity incentive plans can make it harder for a business to attract, motivate, and retain employees. A poorly drafted plan also could result in unexpected liability or expense for the corporation.

9. Inadequate Estate Planning.

With a closely held business, estate planning by the owners must be done in conjunction with overall business planning. The lack of suitable estate planning documents can result in costly probate proceedings or unnecessary estate taxes.

10. Failure to Conduct Legal Review of Website.

Depending on the nature of its business, a company should include appropriate terms and conditions, copyright notices, legal disclaimers, and a privacy policy in its website.

David Burgess graduated from Stanford Law School in 1981 and has been practicing business law since then. He currently is a partner with the Business Law Group in San Jose, California. For contact information, visit his firm’s website at http://www.buslawgroup.com

Copyright 2005 David Burgess

Legal Assistants and Paralegals - A Closer Look

One of the most important tasks legal assistants and paralegals perform is to assist lawyers as they prepare for corporate meetings, closings, trials and hearings. Although the lawyers take ownership for the legal work, they will often delegate many tasks to legal assistants and paralegals. As a result, they continue to take on a growing range of tasks inside the nation's legal offices and perform many of tasks traditional done by lawyers.

On the other hand, they are still strictly prohibited from performing any duty that is considered to be the "practice of law" - such as setting legal fees, giving legal advice, and presenting cases in court. Legal Assistants and paralegals also do much of leg work like verifying and looking into the facts of cases to ensure that all points are thoroughly covered. They also identify appropriate laws, judicial decisions, legal articles and other materials that are relevant to assigned cases.

After they analyze and organize the information, paralegals may prepare written reports that attorneys use in determining how cases should be handled. Should the decision be made to file a lawsuit, a paralegal may then be given the responsibility to help prepare the legal arguments, draft pleadings and motions to be filed with the court, obtain affidavits and assist the attorneys during trial. Paralegals also organize and track files of thee all important case documents and make them available and easily accessible to the attorneys.

In addition to preparatory work, legal assistants and paralegals also perform a number of other vital functions. For example, they help draft contracts, mortgages, separation agreements and instruments of trust. In addition, may assist in preparing tax returns or estate planning. Some may even be given the responsibility to coordinate the activities of other law office employees and maintain financial office records. Of course, additional tasks differ, depending on the employer.

Legal Assistants and paralegals are found in all types of organizations, but most are employed by law firms (about 70%), corporate legal departments and various government offices make up most of the remaining 30%. In these organizations, they can work in many different areas of the law, including litigation, personal injury, corporate law, criminal law, employee benefits, intellectual property, labor law, bankruptcy, immigration, family law, and real estate.

As the law has become more complex, legal assistants and paralegals have responded, like many professions, by becoming more specialized. And within specialties, functions are often broken down even further so that legal assistants and paralegals may deal with a specific area. For example, legal assistants and paralegals specializing in labor law may concentrate exclusively on employee benefits.

The duties of legal assistants and paralegals also differ widely with the type of organization in which they are employed. Those who work for corporations often assist attorneys with employee contracts, shareholder agreements, stock-option plans and employee benefit plans. They may also help prepare and file annual financial reports, maintain corporate minutes' record resolutions and prepare forms to secure loans for the corporation.

Legal Assistants and paralegals often monitor and review government regulations to ensure that the corporation is aware of any new requirements and to ensure they are operating within the law. In addition, an ever increasing number of experienced paralegals are taking on additional supervisory responsibilities like monitoring team projects and serving as a communications link between the team and the corporation.

The duties of legal assistants and paralegals, working in the public sector varies between agencies. However, as a general rule, they analyze legal material for internal use, maintain reference files, conduct research for attorneys and collect and analyze evidence for agency hearings. They may prepare informative or explanatory material on laws, agency regulations, and agency policy for general use by the agency and the public. Legal Assistants and paralegals employed in community legal-service projects help the poor, the aged and those in need of legal assistance by filing forms, conducting research, preparing documents and when authorized by law, representing clients at administrative hearings.

Legal Assistants and paralegals in small to medium-sized law firms usually perform a variety of duties that require a general knowledge of the law. For example, they may research judicial decisions on improper police arrests or help prepare a mortgage contract. On the other hand, those employed by larger law firms, government agencies or corporations are more likely to specialize in one aspect of the law.

Being computer literate has also become an essential skill of legal Assistants and paralegals. Using the internet to search legal literature and extracting vital information stored in computer databases and on CD-ROM is also an important skill set. In litigation involving many supporting documents, paralegals usually use computer databases to retrieve, organize and index various materials. Imaging software allows paralegals to scan documents directly into a database, while billing programs help them track hours billed to clients. Various software packages are also used to perform tax computations and explore different scenarios of various tax strategies for clients.

As you can see becoming a Legal Assistants and paralegals profession is an exciting and ever-demanding field that requires a wide range of skills and knowledge. If you're looking for a career, not just a job and you have the willingness to push yourself then this field is ripe for the picking.

This article may be reproduced only in its entirety.

Kevin Erickson is an entrepreneur and writer. For other articles he's written visit: Legal Assistant | Travel Nursing | Medical Transcription

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Immigration The Final Word - An Open Letter To Our Latino Brothers and Sisters

After we bombed the vicious enemies of America into the Stone Age in World War II, Japan and Germany became our friends. We gave them back their country, freer and better than it was before, and consequently they have prospered. Mexico on the other hand, our trading friend and partner, has not prospered. On the contrary, they seem to be doing just the opposite, breeding and exporting their impoverished masses to the United States.

This situation begs the question. Why should our next-door neighbor, our friend and ally, not enjoy the same prosperity of our former enemies? Perhaps it is part of a long-term Marxist strategy to overthrow us with an army of irresponsible poor. It is sad to see hard-working decent human beings, down-bred by their government, used as cannon fodder for the future re-conquest of California, New Mexico and Arizona. As the proverbial wolf in sheep's clothing, the corrupt government of Mexico is no friend to America. One need not be a rocket scientist to perceive that a swarm of illegal invaders will only serve to rule (albeit unconsciously), never realizing that they were programmed through the stresses of poverty to emerge as the tyrant, when no longer in fearful submission to authority. Because there are no morals in politics, and only voting power is relevant, civil war is sure to be the inevitable consequence.

This situation begs the question. Why should our next-door neighbor, our friend and ally, not enjoy the same prosperity of our former enemies? Perhaps it is part of a long-term Marxist strategy to overthrow us with an army of irresponsible poor. It is sad to see hard-working decent human beings, down-bred by their government, used as cannon fodder for the future re-conquest of California, New Mexico and Arizona. As the proverbial wolf in sheep's clothing, the corrupt government of Mexico is no friend to America. One need not be a rocket scientist to perceive that a swarm of illegal invaders will only serve to rule (albeit unconsciously), never realizing that they were programmed through the stresses of poverty to emerge as the tyrant, when no longer in fearful submission to authority. Because there are no morals in politics, and only voting power is relevant, civil war is sure to be the inevitable consequence.

Only the truth -- and nothing but the truth -- will set us all free from a potential Balkan-like massacre and keep people from taking sides and turning on one another in an unnecessary Mexican-American conflict. Illegal aliens need to realize that they are destined to become the "new army" of Marxism and never true American citizens.

Poverty and discontent was the result of social engineering, to the end that the irresponsible and desperate poor shall out-populate, out-vote, and hence, overcome America. President Bush must have the courage to tell illegal aliens the truth, the whole truth, and nothing but the truth. Deep down, this is not something that the President doesn't already know. It is not fitting for a man to love in the way of a woman. Likewise, President Bush, as a man, cannot compete with a spoiling, womanly compassion for votes the way seductive Liberals do. Both parties are comprised of homegrown betrayers, each with their own selfish agendas, lying wolves in sheep's clothing, witting and unwitting allies of totalitarianism, just like your President Vicente Fox.

By totalitarianism, liberalism and communism, I mean the promotion of licentious freedoms, false liberties of thought, and the exercise of those thoughts upon matters that can never come to any successful conclusion, but only breeds chaos, through which they will rise to power -- Marxism.

Philosopher Voltaire said that madness is to hold erroneous perceptions and argue perfectly from them. Collectively, our erroneous perception is that President Fox is our friend. Alas, in reality, he is a cunning Fox, planting Marxist-style revolutionary "sleepers" in America, such as "awakened" recently in Venezuela. If you can see this, the plan will backfire and you will take back your country, to reap the harvest of prosperity you richly deserve.

Will you live and die in futility for your deceitful politicians? If not, then my dear Latino brothers and sisters, cherish the model that is America; respect our laws, go home, and if you wish, come back the honorable way. Alternatively, while you are in your homeland, you might try to dethrone that despicable tyrant the way our Founding Fathers did for us. Naturally, there will be a little help from your friend, the United States of America. So, go home, no longer deceived -- take heart and take your stand there -- or forever lose it here.

Companion Audio program:
http://www.fhu.com/player/player_feature_letter_to.html

Online Version:
http://www.fhu.com/feature_immigration_letter.html

Author's Website:
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Roy Masters is:

An author of more than 16 acclaimed books. His books deal with a wide range of subjects including Christianity, health, parenting, religion, science, stress and more.

The founder of Brighton Academy Considered by many to be one of the most progressive and innovative private schools in the northwest. Brighton Academy is dedicated to providing an intuitive and encouraging environment where students can successful and soulful individuals.

America's first radio counselor

In 1960 Roy Masters started his first radio program in Los Angeles, California. He is currently featured nationwide on a 130 radio stations and via the internet.

Immigration Reform Let's Use Common Sense

Few of the many suggestions swirling around the current immigration debate use much common sense.

The idea to build a wall along our 2,000 mile southern border is stuck in some
peoples’ minds but they don’t say who would actually build it or how long it would
take or how much it would cost. They just say “build a wall” and think that will solve
everything. Who would do the work? Our unemployment rate is below 5%, and this is
with millions of illegal workers. Where would we find more workers to do this hard
manual labor? Where would the estimated $2.2 billion it would cost come from?
What about the environmental damage it would do to the deserts it would cut
through?

The people who say we should deport 12 million people don’t say how to do that
either. They just say “round them up and send them home”. They think arresting 12
or 15 at a time on street corners and construction sites will quickly get rid of 12
million people. They don’t consider the personnel who would have to be hired to do
this. They don’t consider the cost to find out if they are here legally, where they
came from or where they should be sent. They don’t consider where we would keep
these people until their status was decided or the cost to send them “home”.

Those who say we should stop all immigration for awhile don’t say how we would
manage here without more people to replace our low birthrate and aging workers.
They seem to think we can keep the economy going without new people, but we
don’t have enough young workers to do that. And most of the young workers we do
have want easier jobs and aren’t interested in picking vegetables or cutting lawns or
cleaning hotel rooms.

Even the people who say that illegal immigrants who have been here two to five
years should return to their homeland and come back in legally, are not considering
how many (or how few) would leave. If people have to prove they have been here for
more than two years by providing rent receipts, utility bills and paystubs, a whole
new industry will start up. The counterfeiters who are now printing driver licenses
and social security cards will start printing rent receipts, utility bills and paystubs. I
imagine most of these “entrepreneurs” will be American citizens. This bill says those
here less than two years just have to leave and not come back. Many of those people
will simply go farther underground and be exploited and mistreated more than they
are now.

And while we are all discussing this problem of illegal immigrants and raiding a few
factories and arresting a few workers, many more will be walking across the deserts.
They will simply be replacing the people we put on the buses heading south.

Common sense says we should change the immigration laws and put more money
into border protection to secure the border with Mexico. There were no immigration
laws here until the 1890s when waves of Irish immigrants forced the government to
write them. These laws have been constantly rewritten since then. It is time to do it
again, this time making more sensible laws that people can live with. This, along
with more border protection will slow the illegal immigration to a manageable
number.

If we change immigration regulations so that people can legally come into this
country with wait times of only a year instead of 10 or more, most people will do it
legally. If the fees are only a few thousand dollars, most will pay that instead of
paying smugglers and be cheated or die.

People who try to immigrate legally now, often have to wait many years and pay
many thousands of dollars in fees. Even children whose parents are already here or
spouses of U.S. citizens have to wait years to come in legally. Once people apply for
legal immigration, they are not allowed to come into the U.S. as a visitor until the
immigration papers are finalized. This means some of these family members don’t
see each other for years.

If money were put into clearing up this backlog of people waiting to get in legally,
we could then deal with the people here illegally. If undocumented people were
convinced that they should apply for legal status and will not automatically be
deported just because they register, they would do it.

The overwhelming majority of them are law abiding and would prefer to be legal
residents and workers, they are just here to provide good lives for their families. If
people understand that they can get decent jobs with safe working conditions when
they have the proper documentation and that the documents can be attained while
they are here, they would do it. They would gladly pay back taxes and fines in order
to get legal status.

As much as many citizens are against amnesty, and we all wish it had never gotten
to this point, I don’t see how the immigrants who are here illegally can be sent
away. They should be allowed to stay and register and go through the criminal
checks and approval process. The ones who qualify should be put on the path to
become permanent residents and citizens.

Over the past 20 years we have let them in, used them, enjoyed the fruits of their
labors and now we have to use some common sense and be responsible. We should
change the immigration laws and secure the border so everyone who wants to come
in will apply for legal status, and then we should legalize all the millions of people
from all countries who are here without documents.

If we make these changes and keep enforcing the “new” rules, we won’t find
ourselves in a similar or worse mess 10 or 20 years from now.

Donna Poisl is President of Live & Thrive Press and the author of "How to Live &
Thrive in the U.S. / Como Vivir y Prosperar en Estados Unidos". She wrote this
reference guide to help immigrants learn our system and succeed in this country.
Contact Donna at http://www.howtoliveandthrive.com or Immigrants in USA Blog at
http://immigrantsinusa.blogspot.com

Immigration Reform in the Senate Underway

Well it seems as if every decade or so we have this debate again over illegal immigration and it is always the same problem. The immigration laws and government run system is so screwed up it makes illegal immigration about the only way to get into the country or so we are told.

Before we had the amnesty program in 1972, we had the Jordan commission and about ten years ago in California we had a show down with a proposition, which later the courts over turned. Now we have immigration rallies but their message is clear as they hold up foreign flags, they want the borders open and a free for all and take the “illegal” off of the word illegal immigration. But that is not how our nation was built, nor is it what we stand for.

It appears some of the Senators have lost their respect for the law also backing down to good honest tough laws on illegal immigration. Rather than demanding enforcement, deportation and streamlining the system, they are more worried about themselves and how that might look to their liberal tree hugging far-left constituency. What a pathetic show of patriotism and sticking up for the laws in our nation.

It is amazing that now they are finally pushing thru some legislation, but had we enforced the laws already on the books and not allowed the system to run amuck or the immigration lines to mount due to court cluster, well we would never be in this predicament in the first place? Maybe we should just shit can the entire Senate and Congress and put people in who will follow the laws. Consider this in 2006.

Lance Winslow

Illegal Aliens And Their Abettors Protest

Thousand of illegal aliens and those that abet illegal aliens (family members, employers, etc) marched in southern California to protest. What they were protesting seems odd to most Americans. They were protesting the illegality of being in the United State illegally. The Congress is deliberating HR 4437 which would make being in the United States illegally a felony (which it should be) and add harsh punishments to employers that knowing hire illegal aliens.

They claim they are simply protesting to ensure “immigrant rights”. The problem is however that is not the case. The reality is they want “illegal immigrant rights”. They want people who break our laws to come here to be allowed to stay in this country. So the question is why have immigration laws at all?

And of course the weak minded lemmings also call the legislation “racist”. Odd, I don’t think however that the legislation says that we are now recognizing one race as superior to another – which is the definition of “racism”.

Webster’s Dictionary:

Racism

1 : a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race

2 : racial prejudice or discrimination

No, what the bill really only does is says that if you come here illegally you are going to be punished. That’s generally what happens when you break the law isn’t it?

Problems is these illegals and their abettors don’t want to have to deal with that reality so they do what good little liberal Marxists always do. They make crap up. They claim the debate is about immigration when it’s not and they cry racism when most of them probably don’t even know what it means.

If they stuck to the facts they’d have to admit to themselves just how wrong they are.

And make no mistake. These people out there protesting are indeed Marxists. They believe that they have a right to something that isn’t theirs and they think that they should be able to compel you to let them have it. To them the land is communal and how dare the United States tell them they can’t come here to claim their piece of it.

J.J. Jackson is the owner and Lead Editor of American Conservative Politics - The Land of the Free (http://www.thelandofthefree.net) and American Conservative Daily (http://www.americanconservativedaily.com). He is also the owner of American Infidel T-shirts (http://www.cafepress.com/americaneagle04).

Illegal Aliens And Their Abettors Protest

Thousand of illegal aliens and those that abet illegal aliens (family members, employers, etc) marched in southern California to protest. What they were protesting seems odd to most Americans. They were protesting the illegality of being in the United State illegally. The Congress is deliberating HR 4437 which would make being in the United States illegally a felony (which it should be) and add harsh punishments to employers that knowing hire illegal aliens.

They claim they are simply protesting to ensure “immigrant rights”. The problem is however that is not the case. The reality is they want “illegal immigrant rights”. They want people who break our laws to come here to be allowed to stay in this country. So the question is why have immigration laws at all?

And of course the weak minded lemmings also call the legislation “racist”. Odd, I don’t think however that the legislation says that we are now recognizing one race as superior to another – which is the definition of “racism”.

Webster’s Dictionary:

Racism

1 : a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race

2 : racial prejudice or discrimination

No, what the bill really only does is says that if you come here illegally you are going to be punished. That’s generally what happens when you break the law isn’t it?

Problems is these illegals and their abettors don’t want to have to deal with that reality so they do what good little liberal Marxists always do. They make crap up. They claim the debate is about immigration when it’s not and they cry racism when most of them probably don’t even know what it means.

If they stuck to the facts they’d have to admit to themselves just how wrong they are.

And make no mistake. These people out there protesting are indeed Marxists. They believe that they have a right to something that isn’t theirs and they think that they should be able to compel you to let them have it. To them the land is communal and how dare the United States tell them they can’t come here to claim their piece of it.

J.J. Jackson is the owner and Lead Editor of American Conservative Politics - The Land of the Free (http://www.thelandofthefree.net) and American Conservative Daily (http://www.americanconservativedaily.com). He is also the owner of American Infidel T-shirts (http://www.cafepress.com/americaneagle04).

Illegal Aliens and the Illegal Businesses that Hire Them

It is against the law to knowingly hire an illegal alien, but some industries do it all the time. Most of us know which ones these are. But it is amazing that when we as Americans see this we do not say anything about it or even bother to make a simple phone call to turn them in and help turn down the inflows of illegal aliens to our nation.

May I ask you why you allow illegal aliens to work in your neighborhood and say nothing about it, but complain to your friends about the illegal immigration situation in our nation? Why do you send emails back and forth on the subject to friends, yet allow it to go on right under your nose like this? Wouldn’t you say that you are being rather hypocritical on this issue? I mean consider what you are doing and saying and how they really do not match. What am I talking about you ask?

Well simple really; Your local carwash. The car wash, which has been there for years and you often go to; the one, which has in fact been hiring illegal aliens in your neighborhood for over ten years. Not are they hiring illegal aliens and breaking the law, but they are also doing it to exploit people, so they can make more money. Yet, you sit there and watch these illegal aliens dry off your car and then you hand them a $2.00 tip and get in your clean car and drive way?

Interesting that you are such a hypocrite? Ask yourself; “Do I suck or what?” then ask yourself when you are going to pick-up up that phone and use some of those 250 minutes per month to make that call and do the right thing and turn in this illegal business, which is hiring illegal aliens? Consider this and do it today.

Lance Winslow

Iraq Has Illegal Aliens Too; Insurgents from Iran Killing in Northern Kurdish Towns

United States of America is not the only country with a problem with its illegal immigration or illegal aliens. Although in the U.S. we have people coming over the U.S. Mexican border who are drug dealers, possible international terrorists, MS 13 gang members and criminals, we must also consider what they are up to.

There are currently 24 million illegal aliens in the United States of America and not all come from MEXICO in fact 40 percent of the illegal aliens in our Nation come from other countries; such as China. And when we catch Chinese illegal immigrants we cannot take them back because China does not want them and really the cost to ship someone half way around the world should not be the US Taxpayers Burden either.

Now let's look at Iraq illegal aliens and insurgents who are coming in from Iran into the Northern Kurdish towns, yet these folks really are international terrorists or insurgents and they have been killing Kurdish people in those Northern border towns. Iran is also known to sponsor international terrorist groups like a Hamas and Hezbollah. Iran is also started to manufacture atomic bombs and has threatened the Western world, the United States and her allies. In fact the Iranian President has promised to blow Israel off the map.

How do we know that some of the illegal aliens better coming into our the US are not international terrorist sent by our enemies to disrupt our government, our way of life or kill innocent life? We can easily think of people in our own hemisphere that might do that such as the President of Venezuela or the dictator in Cuba Fidel Castro.

But what about Middle Eastern enemies such as Iran who could base an international terrorist cell or many cells in the United States to set up shop in wait in case they were needed. You bet they would and we must enforce our borders and we must protect the United States citizens against any possible invaders to our country. Consider this in 2006.

Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/

Divorce Legal Forms

Divorce is a very important issue for a family person. It not only involves the lives of the couple, but perhaps more importantly, the lives of their children, who are sometimes of a tender age and cannot easily reconcile with the new situation. Responsible parents should, therefore, think of the welfare of their children before taking such a drastic step.

However, if you have taken an irrevocable decision to part ways, it is natural to initiate the legal process, the first step of which is filling out the Legal Forms for filing the lawsuit in the court.

Now unfortunately, it may happen you are short of funds to consult a lawyer, whose heavy fees may burn a deep hole in your pocket. So the cheapest course in such circumstances would be to go shopping for Legal Forms and make your own effort to start the proceedings. Legal Forms are easily available from stationery or bookstores in your local market. They are also available from law firms.

The easiest way, however, is to surf the Internet, which offers innumerable sources for such forms. You can get them free of for a low price. The word ‘free’ attracts those who are short of funds. But a form delivered free may be outdated and incompletely formatted, or may just be irrelevant to your state or the time. Even the paid ones may be fallacious.

Get the form and, before rushing to fill it, go to your local law center or library and get the latest official version of the form. Still better, you can approach your local law court clerk and ask for the form, which can be supplied either free or at a nominal cost. It is always advisable to consult an expert lawyer in such crucial matters as divorce.

Legal Forms provides detailed information about legal forms, business legal forms, divorce legal forms, free legal forms and more. Legal Forms is the sister site of Medical Power Of Attorney.

Employers Asking for Legal Immigrant Data Bases Now

In the United States of America some industries have been targeted as those most apt to hire illegal aliens and this is due to a long track record of abuse of exploitation of Hispanic workers and also of fines and violations. There are many such industries such as landscaping and carwashes especially. But there are many other industries on that list.

The United States government is saying that it will crack down on employers who hire illegal aliens in goal after them as if they are criminals or as if they were criminal organization such as a gang or the mob. Of course many such businesses are quite worried in their asking Congress to put into the new immigration law a statue which would allow for a national legal immigrant database so they can check to make sure when those people who want to work at the carwash let's say are in the database and are legal.

This is because so many people have fake ID cards and the businesses such as the carwashes cannot know who is legitimate, who isn't illegal alien and which ID cards are real. Their excuse is that with a national database they can simply go and look up on the computer to see if the person is legitimate and if they are then they can hire them and if they're not they can call authorities.

Sounds innocent enough doesn't? But personally having been in the carwash industry, I think most carwash owners or criminals and exploit Hispanic labor and pocket those payroll taxes they are supposed to be paid into the system. I just don't trust them, but of course this article is my personal opinion. Consider this in 2006.

Lance Winslow

Credit Repair Advice The Fair Credit Reporting Act and Your Legal Rights

The Fair Credit Reporting Act (FCRA) entitles you to repair your own credit report. You have a legal right to dispute any information you find on your credit report. Enacted in 1971, the FCRA stipulates that the credit bureaus investigate all consumer disputes if they challenge credit information on their credit reports. As per this Act, the credit bureaus must complete the investigations within a 30-day period. Any information that cannot be verified or is found to be inaccurate must be deleted immediately.

Your Rights Under the FCRA

If your application for credit, employment, or insurance is rejected, you have a right under the FCRA to ask, within 60 days of the refusal, for a free credit report. The company rejecting your application must disclose which credit reporting company they used for getting your credit scores. Normally, the three major nationwide credit companies used are - Experian, TransUnion, and Equifax.

It is reported that nearly 79% of all credit reports contain some error or other inaccurate information. It is mandatory, under the FCRA, for the credit reporting companies to correct the incorrect information. Here are some steps to take to go about making the corrections:

1. Write to the credit reporting company about the incorrect and inaccurate information.

2. Send copies of documents that will verify your claims.

3. Clearly, and in detail, itemize each inaccuracy, explaining why it is wrong.

4. Include a copy of the credit report in question, highlighting the disputed statements.

5. Ask to have the inaccurate and incorrect information removed from your credit report.

6. Keep copies of all documents you sent to the credit reporting company.

The credit reporting company is obliged under the FCRA to forward the documents you supplied in support of your case, to whichever company or organization provided the initial disputed information. This organization must investigate and report back to the credit reporting company. If the information is found to be inaccurate, it must be corrected and also reported to the three major credit bureaus.

It is mandatory under the FCRA that the credit report agency must send the results to you, in writing, along with a free copy of your credit report. You can also ask the credit reporting company to send a copy of your corrected report to all those who had asked for it in the last six months.

The Fair Credit Reporting Act (FCRA) was created to ensure that your individual rights are protected and that everyone has the same opportunity to correct any inaccurate credit information on their report. When used correctly, this legal right can make a difference in your financial future.

About the Author: Sherry Frewerd publishes several websites for affiliate marketing and direct sales. Learn to build your own money making website at http://websitebuildingmom.com