John Wilson ESQ Law Blog
John Wilson Esq Web Pages and Blog — A place to find legal help and answers to your legal issues Located in Park Slope Brooklyn New York

06 Aug, 2009

new york state law
David Siegel asked:


New York State is not one of the states that allows a no-fault divorce. In other words, to obtain a divorce in the state of New York, there must be proven grounds for the dissolution. If the non-filing party has not committed any act that would constitute grounds for divorce, the person desiring the divorce will not be able to obtain it.

Some of the grounds for divorce in New York are as follows:

Incarceration: meaning the confinement of the defendant in prison for a period of three or more consecutive years after the marriage.

Adultery: meaning the commission of a voluntary act of sexual or deviant sexual intercourse by the plaintiff with a person other than the spouse.

Abandonment: meaning the desertion of the plaintiff by the defendant for one or more years. Abandonment usually is physical, where one spouse moves out of marital residence and literally deserts the family. There is also constructive abandonment also known as constructive sexual abandonment. This ground is often used when both parties want to divorce as quickly as possible.

Cruel and inhuman treatment: meaning conduct by the non-filing party that endangers the physical or mental well-being of the plaintiff to make it unsafe or inhabitable for the plaintiff to cohabit with the defendant.

New York State is a state that encourages marriage. They make it very difficult to obtain a divorce unless both parties want the divorce. Just to the north in Connecticut, they allow no-fault divorces. In Connecticut, the two parties typically sign a stipulation stating that irreconcilable differences have led to the irretrievable breakdown of their marriage. They simply wait out a short time period, and are able to obtain the dissolution of marriage. Quite a contrast to the laws in the state of New York, which is a border state to Connecticut. In New York, if one of the parties who does not want to divorce has done absolutely nothing to provide grounds for the divorce, the person wanting the divorce will not be able to obtain it. The majority of states are not like New York and that they do allow for no-fault divorce. The legislature and the state congresses are geared towards doing the will of the people. The people of the United States have shown that they do not want to be held into a marriage against their will. The court system also does not want to be bogged down in hearings and contested issues regarding fault. That is why the majority of states in the United States are in fact no-fault states. New York, however, is not one of those states and there must be fault for sufficient grounds to obtain a successful dissolution action.



Create a video blog

Comments (0) | Post Comment

30 May, 2009

new york city business law
Mark Etinger asked:


City is home to one of the biggest, busiest legal communities in the world. Millions of attorneys practice their trade on the island of Manhattan, with thousands more graduating from law school each year and joining their ranks. But behind these busy men and women are the unsung heroes that make the legal professional run: New York court reporters.

What services do New York court reporters provide?

Court reporters working in New York City perform a variety of different functions for their clients, including:

Transcription of live court hearings The backbone of any courtroom legal proceeding is the written record of the event. Court reporters capture every detail of what is said by all parties and produce a flawless typed record of the resulting dialogue.

Transcription of depositions Obtaining a witnesses statement during deposition is a key element of the legal process. The deposition transcript can be used if the individual cannot appear in court, or if their story needs to be corroborated while they are under oath during trial. Court reporters attend depositions and create perfect written transcripts of the event.

Videographer services Court reporters do more than simply take good notes. Many of these trained professionals can be called upon to videotape court proceedings and depositions in order to provide a visual record of the event. Court reporters can also edit the resulting video and insert section breaks and graphics where needed.

What types of events do New York court reporters cover?

There are any number of events that can benefit from having a court reporter present, including: trials, pre-trial motions and hearings, depositions, estate planning meetings (such as will readings and probate-related matters), public speaking engagements, educational events and webcasts.

New York court reporters utilize top technology

More and more, court reporting is moving into the digital age, especially in bigger metropolitan areas such as New York City. Now, court reporters can produce a transcript and email it around the world with the touch of a mouse. Also, depositions and court records can be fully searched in seconds for key words and phrases - making what was once a laborious task for paralegals a breeze.

And that is just the beginning. Court reporters can also provide real-time transcripts beamed across cyberspace using online meeting software and other webcast technology.

These tools have taken the tried-and-true skills of professional court reporters and moved them into the digital age in order to improve communication between parties and make the information available to more people much faster. Court Reporter availability Many court reporters work on their own, as independent contractors. Their availability varies according to their own schedules. New York court reporting services, however, employ a large number of qualified court reporters so that there will be a greater chance someone is available to meet the client’s request, even if it is on short notice. Where can New York court reporters be found? As mentioned above, the majority of court reporting work in New York State goes on within the five boroughs of Manhattan. There are, however, thousands of court reporters available elsewhere in the state - from Long Island all the way north to Buffalo. Court reporting services will be able to locate quality reporters in almost any area of New York.



Content for WordPress

Comments (0) | Post Comment

27 Jan, 2009

new york state law
Robert Masud asked:


If you are an owner, member or operator of a non-corporate limited liability entity that either was organized pursuant to the statutes of the state of New York or that is duly qualified to do business in New York, time is running out. By this it is meant that you have only until May 31, 2007, to make certain that you fully are in compliance with certain new newspaper publication and filing requirements that went into effect in the state of New York.

Specifically, if your limited liability entity (LLE) either was either formed in the state of New York or qualified to do business in the state of New York between January 1, 1999, and June 1, 2006, you must make certain that your limited liability entity is in compliance. The new law permitted a grace period of until the end of May to get into compliance. The legislation requires any LLE formed after June 1, 2006, to meet the newspaper publication and filing requirement no later than one hundred twenty (120) days after formation or qualification.

The compliance process for your LLE actually is not that cumbersome or complicated. In order for your LLE to become compliant, the following steps must be taken:

1. The notice that is required of an LLE pursuant to the new law must be duly published in an appropriate weekly newspaper as described in that legislation for six (6) consecutive weeks.

2. Following the publication process as described above, a certificate of the publication together with the duly executed affidavits from the newspaper in which the notices were published must be filed.

The reality is that this process easily can require a ninety (90) day period to make arrangements for publication, undertake the publication process itself and to make the appropriate filing. If you have not commenced the compliance process we have outlined for you, you must make certain that this process is underway immediately or run the risk of becoming non-compliant.

In order to ensure that your LLE is in complete compliance in the future, you will want to make certain that you sign up for our authoritative email alerts and legal updates. If you have any questions or concerns about the compliance issues that have been discussed with you today, or any other issues regarding your limited liability entity, feel free to contact us for a consultation either by telephone or via e-mail.



Create a video blog…instantly.

Comments (0) | Post Comment

All you Need to Know About Personal Injury Lawyer New York

24 Oct, 2008

legal rights new york
Hadiya Robins asked:


Injury is an accident that can happen to anyone at any time irrespective of their age, social status and financial condition. Dealing with injuries of any kind can be a traumatic experience for the person who is injured and for the family of that person as well. Personal injury lawyer New York or for that matter in any other place is a licensed legal professional who can aid injured people in getting their legal rights. Any injury physical or psychological that has been caused to someone as a result of negligence on the part of another person, agency or an organization can be represented by a personal injury lawyer. Having a personal injury lawyer at your disposal is a good idea for you to be prepared to handle any situation that may arise.

Well it is understood that you will be having many questions to ask to the personal injury lawyer that you hire for handling any case. First you need to be very clear about the things which you want to ask to the personal injury lawyer in New York or any other place. All personal injury lawyers have deep knowledge about the different facts related to a case and this is the reason why they are sought after by the public if they want any case to be solved through legal aid. The first thing which one must take care of while seeking to hire a personal injury lawyer is to find out a lawyer who is based locally. Well one would surely not like to travel great distances just to meet the lawyer and discuss the case with him. The best thing for a person to do would be to hire the services of an attorney who is locally based.

There are some lawyers who give free consultation while there are also others who charge fees for providing consultation. So before one seeks their consultation it will be a good idea to find out if they need any payment for the consultation services or not. Another thing that one needs to find out is the rights on has. You must remember that each sate has different laws and this is why one must find out about the always that are applicable to people staying in a certain state. Most personal injury lawyers have professional qualifications and they will be able to tell exactly what all things a person is entitled to do.

If the injury which has happened to a person is severe it is understood that the person will want to know about all the things which they are entitled to claim through the legal route. Naturally one would want to know who will settle the medical bills which will be needed for healing the injury and also the amount a person can claim from the individual who caused the injury. Each personal injury case is different so for this reason a person must sit with his/ her lawyer and find out about all the different things that they are entitled to. Personal injury lawyers have professional qualifications and that is why they are able to deal with any kind of legal case related to this.



Content

Comments (0) | Post Comment

Personal Injury Lawyer New York: your Real Friend for Hard Times

23 Oct, 2008

legal rights new york
Hadiya Robins asked:


Future is unpredictable; we do not know what is going to happen at the next step, it may be an accident or any other personal injury that can affect life. In a situation where crisis is a personal injury you need someone who can make you feel better and can pave the way to instant recovery of loss. Through a rough patch of personal injury you can not even expect supporting hand from your family members as they are also affected by the physical and emotional trauma. A personal injury lawyer New York can be your best companion in your hard days which not only helps you to get justice but also acts as a friend at the time of crisis.

Hiring a Personal injury lawyer New York is a wise decision but only if the choice is also wise. Confidence in your personal injury lawyer is also important that is why it is must to consider the previous track record of the lawyer. Good track record of a lawyer helps to develop faith in your lawyer as you see the long list of cases handled successfully by him. It gives you great relief when you find a personal injury lawyer New York with excellent track record in similar cases like you. It is better to search for a personal injury lawyer New York who has expertise in fighting cases that are similar to your situation. His expertise definitely helps you even when another party has wealth and political might.

Injury that is caused by any other entity either it is an individual or a corporation has right to claim recovery or fine for it. In the fight of claiming penalty for injuries you need a personal injury lawyer New York at every step of your case right from filing the case to winning. The overall legal process demands a through study and research over the case within a very limited period of time so your personal injury lawyer should have expertise to recognize the weak and strong aspects of the case at a glance. Personal injury lawyer New York provides you the excellent approach to turn your annoyance in to satisfaction of getting justice. Personal injury lawyer New York gives you a feeling of refuge and potential to fight against injustice and strengthens your voice to speak in front of the individual or corporation that caused the injury.

A personal lawyer New York is one whom you can trust but it doesn’t mean that there is no need to check out terms and conditions. It is must to know the terms and conditions before hiring any personal injury lawyer. A personal injury lawyer New York charges the reasonable amount and informs you about cost criteria so that you will not have to pay any extra or hidden cost but still it is advisable to do a little market research before making any decision. The personal injury lawyer New York that you hire can be your biggest support when you and your family need someone who can remove the husk of anguish from your lives.



Content for WordPress

Comments (0) | Post Comment

New York Personal Injury Lawyer: your Guide in a Crisis

03 Oct, 2008

legal rights new york
Hadiya Robins asked:


Often you will find that many unexpected things happen in our life and if this is something pleasant, everyone will just love that. However, life is not a bed of roses, so at times you will come across unexpected things that are not so pleasant. This can be in the form of an accident which can happen to a person without any warning at anytime anywhere. When a person becomes the victim of an accident it is a very traumatic time not only for the victim but also for his family and friends as well. And especially when the accident happens due to the fault of some other individual or an organization the injured person is fully entitled to seek compensation from them for the accident.

And this is where you require the services of a professional personal injury lawyer, we all know that there are lots of legal nuances associated with making a compensation claim and only a lawyer can help you out in this. If you happen to live in New York or any other city you can hire the services of a New York personal injury lawyer to help your in getting the compensation money. The victim will be injured, so the onus of finding out and hiring a competent personal injury lawyer falls in the hands of the victim’s family and friends. One must make sure that they do a little bit of background research about the lawyer who they plan to hire. Find out the track record of the lawyer and see how successful he has been in handling similar cases. You can than determine if you want to hire their services or not.

The New York personal injury lawyer will have to be told about all the things which led to the accident, so that he is in a better position to argue in the court. Remember he is the only person who can help you in claiming the compensation money and getting it, so you must make sure that no important details are omitted while briefing the lawyer about the case. Talk to the doctor about the extent of injury the victim has suffered and how long he will take to recover fully from the injuries. This will help the lawyer in determining the amount of money that he should seek as compensation from the offender. You must sit with the personal injury lawyer and determine about all this.

Personal injury lawyer acts as the guide to the victim and his family during this troubled time and that is the reason why one must seek the best lawyer. There are several firms in New York and other cities that specialize in providing services to victims of personal injury. The lawyers are well versed in dealing with all the things that is connected with seeking compensation for a personal injury, so it is better to seek the services of a competent lawyer. New York personal injury lawyer can help you in getting the compensation money that the victim so rightly deserves for being injured due to the fault of some other individual or organization.



Content

Comments (0) | Post Comment

Prenup Lawyer New York, is for Everyone

14 Sep, 2008

legal rights new york
damey asked:


Couples marry with the intention of staying with each other and being there with their spouse through thick and thin. However, as the saying goes, Man proposes and God disposes, and at times it may happen that the couple may decide to separate legally through a divorce. A divorce is one of the most unfortunate events that one may have to undergo in their life and this will bring about some major changes in their lives. Now, a divorce is something which is unforeseen and it is very difficult to stay prepared to face any unforeseen situation. However, there is something that can be done for this and that is, to sign a prenuptial agreement with your to-be spouse before the wedding. This is a pre-wedding arrangement signed by the couple, with the help of legal professionals that list how things will be done, if the couple decides to separate at later stage due to any reasons. You just have to make sure that everything is included in the prenuptial agreement, so that things do not get complicated if you decide to get a divorce after all.

A prenup lawyer New York, will help you draw up the agreement which you and your to-be spouse will have to sign, before your actual legal union. A prenuptial agreement is a document drawn and signed up, in the presence of authorized personnel where the couple decides the outlines on the basis of which; they would divide the financial aspects of their marriage, if they decide to get a divorce. Division of property and assets can become a major bone of contention in any divorce case and if there are children involved in this, the division becomes all the more tricky. The agreement will ensure that you are not cheated out of your rightful claim and also that of your children, and you do not have to suffer financially after the divorce.

You must be thinking that drawing up a prenuptial agreement is not for you but only couples who are not sure about their intentions and feelings for each other. If you are feeling so, you are wrong; this is just an agreement to safeguard your interests if at all, things do not work out. It is not to scrutinize the loyalty and integrity of the couple, but just a smart move that can save them lots of tensions and worries, later on. It may always happen that someone may wind up making a wrong choice, as far as choosing a life partner is concerned, so this is the only means through which you can safeguard against this.

There are several prenup lawyers who operate in and around New York City, so it will not be a gigantic task to find out a prenup lawyer New York

. You can take the help of the internet and the local yellow pages, to find the lawyer. You just need to do some background study about the prenup lawyer to find out about his reputation and also his success rate. You must seriously consider this option and do it before you get married.



Website content

Comments (0) | Post Comment

Divorce Lawyer New York Will Get you Rid of Bitter Experience

10 Sep, 2008

legal rights new york
damey asked:


Divorce is one such experience that no body wishes to go through, however, unfortunately, if one has to experience it due to some reasons and is unable to find a suitable lawyer who can tread him or her smoothly, then one can always approach a divorce lawyer practicing in New York. These lawyers will be able to help the person in coping emotionally and financially too.

It is very important to obtain competent and reliable information on divorce lawyer before deciding on them. It is advisable to opt for the one who is feasible and has good record of accomplishment as a lawyer. The other things that matter before hiring a lawyer would be legal and financial advice. Even you should be informed, educated and also develop strategies for a smoother journey. Coping up with emotional stress takes quite a toll on a person and bad is what the person feels when they have to arrange for their own divorce. The issues related to divorce in the New York City are very specific in regard to your financial position like distribution of property, and equally important issues such as custody of children, child support and maintenance. Therefore, you will need an expert- divorce lawyer New York for a safer future.

However, before you begin with the proceedings of divorce and before you take any affirmative action, it is advisable to prepare yourself and think about your case, life, and children and then only make a detailed, specific list of everything you want to achieve, including the divorce or separation. You must also be able to think on your life goals and values, your children’s best interests, property and overall financial security. Therefore, it is fine to approach divorce lawyer New York for a better experience. The lawyer will be able to guide you on every thing like legal paper on tax returns, insurance policies, investment accountant, bank statements, income, and other benefit schemes and programs. Moreover, divorce lawyer New York will also help you sin opening up of your separate bank account so that you are no more dependent on any one, in case you are unemployed. He or she will additionally advice you on keeping the inheritances separately from the marital estate, if any.

Your attorney will also tell you or refrain you from signing any kind of documents asked by your wife or a husband during the proceeding of the case. Otherwise the consequences will be great and may be irreparable and highly prejudicial to your legal and financial rights upon a divorce in New York. The divorce lawyer will further tell you no to move out of your marital home without discussing anything with him. Therefore, choose your battles wisely. In fact, the lawyer will advise you to have an open communication with your spouse in every aspect of the case. This communication helps, and moreover, it has been noticed that most divorces are settled by the spouses between themselves. The other advantage of communication is that you will be able to know the behavior of yourself and your spouse during the whole stressful period. In fact, it is a good way to reassess your actions while coping up with the divorce in New York. Therefore, the divorce lawyer New York gives you a chance to reclaim your life wisely.



Content

Comments (0) | Post Comment

Solve your Marriage Woes With a Divorce Lawyer New York

06 Sep, 2008

legal rights new york
damey asked:


We step into the bond of marriage with many hopes and aspirations and have a predetermined notion of how the married life will be with your partner. However, not everything works out according to our wishes and there may come a time when you feel it is better to go your separate ways rather than trying to continue with an unhappy married life. When a divorce is unavoidable, it is better to let go and start life anew rather than sticking on with each other and causing more harm than good. In such situations, an individual or the close family and friends are emotionally shaken and not in the right frame of mind to take correct and beneficial decisions. A divorce lawyer New York is therefore an essential guide and counselor whose advice becomes crucial to your welfare.

A divorce lawyer New York is well versed with the terms and conditions that any divorce entails and has the experience of many previous cases to guide him in his legal tussle between his client and their spouse. Also, the divorce laws differ at times form state to state and if you are residing in New York, it is best to hire the services of a divorce lawyer New York. A New York City based lawyer will be well aware of the specific terms and conditions applicable in the state and hence be able to provide a better deal to his client. A divorce involves many minor and major issues to be sorted out between the couple and at times the case can turn ugly. The divorce lawyer is fully prepared to handle any circumstances and can aptly guide his client in the right direction.

A divorce is a painful incident in the life of any couple and their close family and it is especially bad if there are children involved. Deciding the crucial question of granting the guardianship of a child to either one of the parents is usually a well fought out decision unless already predetermined. A parent is usually too involved emotionally to take the best possible decision in such a situation and a divorce lawyer in New York can win the fight for your child’s custody. The child’s entire future depends on the outcome of the divorce and hence it is best to let a competent professional handle the case for you.

Another crucial aspect wherein you would definitely need the advice and guidance of a good divorce lawyer New York is the financial settlement between the couple. The question of alimony is a major issue in divorce cases and it needs to be handled with care. Also, dividing up the financial assets of the couple can take much time and attention and a competent lawyer is best suited to give you a fair deal, even in a trying time like divorce. So even if life has been unfair to you and you are now face to face with a divorce, get the reference for the most competent lawyer to ensure that you can sort out the deal in the best possible way.



Content

Comments (0) | Post Comment

3 Cases Every New York Court Reporter Would Have Loved to Transcribe

20 Aug, 2008

legal rights new york
Mark Etinger asked:


If New York court reporters can be sure about one thing, it is that their job will be different every single day. When they get the call from their court reporting service, there’s no telling whether or not they will be transcribing a run-of-the-mill estate planning hearing, or a newsworthy murder trial that will capture headlines around the world.

Here are three famous cases from the courtrooms of New York that any court reporter worth their salt would have done anything to transcribe.

Famous New York Court Cases

1. The John Gotti Trial. Testimony against the “Teflon Don” must have made for some very interesting transcribing. After years earning that nickname by dodging guilty convictions one after the other, Gotti was finally brought down by the sound of his own voice, and the testimony of his chief henchman, Sammy “The Bull” Gravano is 1992. After 13 hours of deliberation, the court reporter on this headline-making case heard the “guilty” charge on multiple counts of murder, extortion and other crimes against his fellow New Yorkers.

2. Susan B. Anthony and the right to vote. OK, the 1872 Rochester court room that held this trial was probably lacking in terms of modern amenities, but what court reporter could resist taking part in such a historic event? In this case, the world’s most famous suffragette was put on trial for voting. What was the problem? Well this was the 1870’s and women could not legally vote in this country. But when New York lawmakers put Anthony on trial in an attempt to make an example out of her, the strategy backfired - and she became a world-wide cause célèbre. Anthony would use this momentum to bring attention to her cause and eventually lead the way in getting the women the right to vote in U.S. elections.

3. The Helmsley Tax Evasion Case. Leona Helmsley may have been the “Queen of Mean”, but she and her hotel baron husband definitely met their match in 1988 when United States District Attorney Rudy Giuliani brought them up on federal charges of Tax Evasion and Extortion over a construction job gone wrong (the company did the work, the Helmsleys refused to pay). Leona would go on to serve 18 months in a Federal prison, but for the court reporters who got to hear first-hand about the decadent lifestyle the woman enjoyed - all the while treating her poorly paid employees like animals - got a memory that should last a lifetime.



Create a video blog

Comments (0) | Post Comment

Firm Overview


© Copyrighted Wordpress Theme, All Rights Reserved, 2008
Law Theme Designed by Bloggingzone.info and made free by Law Professor.com