Friday, January 18, 2008

Alycia Lane Divorce


We all remember Ms. Lane from her national media story around her bikini photos in May of 2007. She and ex-ESPN (NFL Network) anchor Rich Eisen had a little too much fun with email photos.

Then in December she was arrested in New York for assaulting a female officer. That led to her being fired this month. Here's a video clip on the firing.



Now she is selling her condo that was transferred to her for a grand total of $1 as part of a divorce settlement from ex-husband Jay Adkins.

She has gone from a high profile anchor making close to a million dollars per year to an unemployed bikini model holding a garage sale.

Related Topics to this article:
Alicia Lane bikini photos, Alysia Lane bikini pictures, Alcia Lane arrested assault pix and images, chris booker, deaf peter dunn images

Wednesday, January 16, 2008

Patriots Moss Accused of Battery – Slander and Extortion


A long-term female friend of Randy Moss, wide receiver for the New England Patriots, accused him of battery against her. She also had a temporary injunction issued which barred Moss from coming within 500 feet of her and from using or possessing firearms. Is Moss guilty?

Well, he doesn't seem like a nice guy. In 2002, he hit a traffic control officer with his car. In 2001, he reportedly verbally abused corporate sponsors. In 1999, he squirted an official with a water bottle. But the leap to actual "battery" is a big one. To be "battery", Moss had to have physically touched the woman AND intended to harm her. If the woman is lying, she is guilty of slander (see previous post: Princess Diana a "Whore" – Suing for Slander). If she tried to get money out of Moss to keep her quiet, she is also guilty of attempted extortion.

Let's say Moss is another innocent victim of some money-hungry opportunist. What should he do? He could sue her for slander. If he did, the law might determine that Moss is a "public figure". The US Supreme Court has established three types of public figures: involuntary public figures (like Jamie Leigh Jones), people who are always public figures (like President Bush), and those who are public figures on specific issues (like Michael J. Fox or Warren Buffet). The woman's lawyers would most likely argue that Moss is a public figure on specific issues. The lawyers would fight about this extensively, since if Moss is a "public figure," Moss would have to prove that the woman accused him of battery with "actual malice" or "reckless disregard of the truth." Moreover, Moss would have to prove this with "clear and convincing proof." In contrast, if Moss were a regular Joe Public, he would only have to show that she knew or should have known that her accusation was false. No doubt he has an uphill battle, but if he is innocent, it's worth the fight to clear his name and send a strong signal to gold-diggers everywhere. And if he wins, he has an even stronger criminal case against her for attempted extortion. Jail time, anyone?


Monday, January 14, 2008

Princess Diana a "Whore" – Suing for Slander



Princess Diana's butler, Paul Burrell, said her mother called her a "whore" and some other "nasty" things. Apparently, mom didn't like her little girl dating Muslim men. When can a reputation-damaging remark become a lawsuit?

Test #1: It has to be "defamatory".

A statement is considered "defamatory" if it injures your reputation and exposes you to public hatred, contempt, ridicule, or degradation. If the statement doesn't obviously do so, then you have to prove that it does. Some statements are so defamatory, however, like the Diana's mom calling her a whore, that they are considered defamation per se and you would not have to prove the statement's harm. Other examples of statements that are defamatory per se are allegations of serious sexual misconduct, serious criminal misbehavior, or that a person has a disease like a venereal disease.

Test #2: It injured your reputation.

If a statement is defamatory per se, the law presumes injury to your reputation. In other cases, you must prove the damage. If your reputation is already damaged, you will have a hard time getting more out of the lawsuit than nominal damages, and it won't be worth the cost of the lawsuit.

Test #3: It was published to third parties.

It must be communicated to the public.

Test #4: It can't be true.

If it's true, you're out of luck. Let's say someone injured your reputation at work by telling your colleagues that you are a convicted pedophile. If true, it is not defamation. If it's mostly true with minor details that are false, it's still "too true" to meet the lawsuit test. For a sustainable lawsuit, the statement has to be both 1) false, and 2) the person saying it had to know or should have known that it was false.

Pregnant Marine Murdered - 8 Steps for Safety


Marine Lance Cpl. Maria Lauterbach, eight months pregnant, was killed on December 15. She had accused another marine, Cpl. Cesar Armando Laurean, of raping her last year. Her burned pregnant body was found in the backyard of his home. How ironic that this gruesome tragedy occurred just before Stalking Awareness month. During the month of January, the U.S. Department of Justice's Office on Violence Against Women is asking for everyone’s help to increase awareness about stalking and share resources to stop this crime. And as in Maria's case, stalking often doesn't end with just watching and following. The toll is far greater – usually involving rape or domestic violence. Approximately 1.5 million people are stalked every year in the U.S. and 4 out of 5 of those victims are women. Here are steps you can do if you think you are a victim of stalking:

#1: Tell your stalker to leave you alone – one time only.

You might not be sure if you are being "stalked" and may not want to hurt the person's feelings. But if you are uncomfortable with the contact, you need to protect yourself. Clearly, directly and firmly tell the person to stop all further contact with you. Do this only once and DO NOT RESPOND to any further communications with the stalker. Continuing communication will encourage the stalker to continue contacting you, as negative attention is better than no attention at all.

#2: Collect evidence.
Simply telling the stalker to stop contact with you is often not enough. If this is the case, you will need evidence that you have instructed the stalker to stop contacting you. Your key piece of evidence will be a copy of the email that you sent or a recording of your conversation instructing the stalker to stop. Also think about if there were any people who witnessed the stalker's behavior. You may need these people to talk to law enforcement officials to support your claim. If the stalker gets your phone number, don't change it. Instead, make sure to keep all messages. Write down when someone hangs up without leaving a message (you can get a second (unlisted!) number for your friends in the meantime).

#3: Stay organized.

Keep a journal of events with dates and times, recording the stalking events in as much detail as possible, including names and contact information of any witnesses. Keep any other evidence (such as letters, voicemails, gifts) in a single safe place.

#4: Tell everyone you know that you are being stalked.

Try to get a picture of your stalker and show it to everyone you know or regularly interact with. Tell them that you are being stalked. Ask them to contact you immediately if they see the stalker. Knowing where the stalker is will help protect you, as well as gather more evidence to support your claim. Make sure to record sightings in your journal, with the name and contact information of the person who made the sighting.

#5: Practice safety precautions.

Practice safety while out in public, in your home, in your car, and everywhere in between. Safety measures are too detailed to list here, but some suggestions are keeping your personal information private (such as by unlisting your telephone number and directing all mail to a locked mailbox or post office box), not walking alone, varying your schedule, having a house alarm, having a dog, or ultimately relocating (yes, it's unfair, I know). You have to be smart, be aware of your surroundings, and protect yourself.

#6: File a police report.

Take your journal and evidence to the police station and file a report. Make sure to contact the police department every time there is an incident. If there is another incident, file a second report, and ask that the second report references the first police report. This will help tie your evidence together to build your case.

#7: Get a protective or restraining order.

A protective order (aka "restraining order") is a legal order issued by a state court which requires one person to stop harming another person. All protective order laws are state laws, not federal laws, and each state has a different law. Protective orders offer no actual protection to you from physical harm. But they may convince the stalker to stop if the stalker fears being arrested. They also give the police more power to arrest your stalker. Unfortunately, they might also anger your stalker and you may then be in more danger. You have to weight the pros and cons. You can get specific information on the laws in your state by using the pull down menu on the top, left-hand side of the page at http://womenslaw.org/more_info.htm#top. It is important that you report ANY violation of the restraining order. Then, the stalker can be prosecuted and sent to jail.

#8: Be able to defend yourself.

Take a self-defense course. If you are comfortable with a gun or will commit yourself to regular target practice to become comfortable, keep a gun readily accessible in your home and get a concealed handgun license (if your state allows one). Do not plan on using a gun if you are the least bit uncomfortable. If you pull your gun and hesitate – even for a moment – chances are that the stalker will take your gun from you and use it on you.

Victim of stalking or not, it is important that you practice personal safety and are aware of your surroundings at all times. Make sure your stalker cannot get information about you and cannot get to you. If he does, make sure you can defend yourself.

SELECTED WEBSITES
Stalking Resource Center: http://www.ncvc.org/src/Main.aspx

Stalking Handbook: http://www2.uta.edu/ssw/spence/documents/stalkinghandbook.pdf

Center for Relationship Abuse Awareness: http://www.stoprelationshipabuse.org/index.html

Friday, January 11, 2008

3 Easy Steps to Eliminating Credit Card Debt




Step #1: Dispute your
credit card debt.

Contact the credit card company and dispute your balance. Tell them how much you are able to pay and agree on an amount. Keep detailed notes on the date of the conversation, the name of the credit card employee with his/her employee identification number or last name, and the contents of your conversation.

Step #2: Offer a certain amount as "payment in full".

When talking to the credit card representative, ask to allow you to settle the account by making the partial payment as a payment in full satisfaction of the amount you owe.

Step #3: Provide payment to the credit card company with "restrictive endorsements."

Send a cashier's check in the agreed amount. On the back of the check, write "do not deposit unless for full settlement amount."

5 Steps to Choosing the Right Attorney


You need a lawyer. How do you find a reputable attorney who will deliver value at a reasonable price? Do you thumb through the yellow pages? Watch TV for commercials? By following these tips, you can find and hire an attorney that will well-serve your particular needs:

#1: Call friends or your state bar for a recommendation.

The best way to find a good lawyer is through a personal recommendation. Call your friends, family, colleagues or anyone you trust. However, if you come up short, you may have to resort to contacting your state bar association for a referral (http://www.statebarassociations.org/). In either event, follow the remaining steps below, optimally, with three different attorneys so that you may choose the best fit for you.

#2: Contact the attorney and inquire about a free consultation.

Most attorneys will agree to free consultations. Write down the key facts about your situation, and make a list of questions you hope to have answered. Though you may not get your questions answered for free, this process will prepare you for your meeting with the attorney, where you will be able to discuss your case as well as evaluate the attorney.

#3: Trust is king.

When at the consultation, evaluate how you feel with the attorney. Trust and honesty from both parties are critical.

#4: Experience counts.

When all is said and done, the next most important thing that matters is experience. When you engage the services of an attorney, you need to hire a lawyer that has specific experience in the particular area of the law in which you are seeking legal representation. Most attorneys have become specialists, and you want someone who has been dealing with situations like yours for a number of years.

#5: Understand the money.

Find out how and when fees and expenses will be charged. Make sure you are clear on this and take detailed notes. You will then be able to compare the charges of other attorneys you interview before choosing on your attorney. In most cases, the attorney will charge hourly rates for time, plus will charge for expenses (phone calls, postage, etc.). Some cases, such as simple will preparation, may be done on a project/lump sum basis. Yet other cases, such as personal injury cases, are often done on a "contingency" basis, where the client pays expenses only. Then, at the end of the case, the attorneys would take a percentage of any money obtained for the client.

Divorce – 5 Ways Your Spouse May Screw You


Have a spouse who's wronged you and fear they are going to do it again? Here are tricks to screw you during a divorce to look out for:

#1: Transferring assets out of their name.

Your spouse may quietly transfer assets to a friend or family member. They can then claim that they no longer have these assets. Your lawyer will have to prove that your spouse transferred the assets to deprive you. Be on the lookout for this secret behavior so that your lawyer can try to block the transfer.

#2: Going shopping.

Both the husband and wife are responsible for the debt each party incurs when you are married. Your spouse may go on a shopping spree and rack up some debt. You will then be stuck with half of the tab.

#3: Selling your stuff.

Selling what they can and spending the cash or transferring it to a friend or family member.

#4: Overpaying your joint taxes.

Paying significantly more in income taxes than you actually owe. After the divorce is over, your spouse may file an amended return along with a request for a refund of the overpayment. Your spouse won't have to share the refund with you.

#5: Declaring bankruptcy.

If your spouse finds that they will have to make payments to you (spousal support, child support, etc.), your spouse may be planning to declare bankruptcy in the middle of the case. You will then have to hire a bankruptcy lawyer to try to get paid. Be on the lookout for this so that you can begin collecting evidence for your fight in the bankruptcy court.

Try to protect yourself by taking copies of investment account statements, bank statements, credit card statements showing balances, and any other evidence so that you can show a "before" and "after" position of the family's financial position to prove your spouse's unethical and malicious behavior to the court.

Ace the LSAT - 5 Crucial Steps

Don't let anyone fool you: the LSAT score is the most important factor in any law school application. Your college GPA is the other major factor. Forget the personal essay or the other "soft" details. It's the numbers that count. So what to do? There are countless websites who will "help" you get a handle on the test and claim that you can't study for it. Do not accept this. You CAN study for it and improve your score. Having lived through it personally, and through tons of my now-lawyer friends, this is my advice:

#1: Take a review course.

Save up if you have to and invest in a review course with a major test preparation company.

#2: Research law school LSAT acceptance scores.

Different law schools have different ranges of scores for their accepted students. If your test score deviates by more than 1 or 2 from the bottom of the school's LSAT range, odds are that you won't get in (unless you're an Olympic medalist or have some truly amazing "soft" factor in your favor). If your LSAT score isn't what you'd dreamed it would be, be realistic with your hard-earned dollars and save on your law school application fees (they add up quickly!) by applying to a couple schools that clearly will accept students with your LSAT score. Then go ahead and splurge on applications for a few fantasy schools. Who knows, right?

#3: Practice, practice, practice.

Practice the different types of LSAT problems through your review course, and work up to taking practice tests under real test conditions. Do this over and over until you are consistently achieving a score that will get you into law school. Don't register and take the real LSAT exam until you are at that level, as law schools don't like to see too many test scores. Some law schools will take the average of your test scores – so wait until you can't improve any more before you take the real exam. You shouldn't take the real LSAT any more than 2 times – but hopefully just once. On the days leading up to your real LSAT test, get up each morning as if it is the exam day, and practice taking a complete test under simulated conditions.

#4: Prepare for logistics on exam day.

Pack your driver's license/passport and supplies, pick out your clothes and prepare a healthy (and not too heavy) lunch. Drive out to the test site and visualize exam morning as you are doing so. Make sure you know exactly where you are to arrive and at what time.

#5: Go to bed early and relax.

If you've followed the steps up to this point, you have practiced the exam many times under simulated conditions. You know where to go and what to do. Get a good night's sleep and wake up on exam morning just like you have for the past few days. You have done all you can, so relax and go get 'em!

10 Steps to Avoiding Identity Theft


As many as 10 million Americans have their identities stolen each year. Identity theft takes place when someone steals personal information, such as a social security or bank account number. Thieves open new bank and credit card accounts in your name, get loans, and take over your identity. You might not know about it for months, until a loan application is rejected, bill collectors call about purchases you never made, and extensive damage is done. You cannot prevent it, but you can reduce your risk. Here are the very minimum steps everyone should take to try to protect themselves.

Step #1: Request and review your credit report regularly.
Take advantage of your ability to receive a free credit report from each of the three credit bureaus once a year. By rotating your requesting between Equifax, Experian, and TransUnion every four months, you can monitor your credit for free throughout the year.

Step #2: Keep copies of key information.
Keep copies of important information, such as passports, credit card account numbers and credit card company phone numbers together and in a safe place in case your wallet is stolen or a natural disaster occurs.

Step #3: Don't use debit cards.
Don't use debit cards, as charges to your debit card hit your checking account quickly and leave you less protection than credit cards. Minimize the number of credit cards you carry in your wallet. When using your credit at restaurants and stores, pay close attention to how your credit card is handled. Dishonest employees can use small hand-held devices (skimmers) or camera phones to capture your account number for later use.

Step #4: Never give out personal information over the phone, by mail, or on the internet unless you have initiated the communication and trust the other party.
Thieves will make up stories ("Today is your lucky day! You have been chosen…") to get your social security number, driver's license number, credit or debit card number and steal your identity. Internet con artists will send you emails that appear to be from your bank, eBay, or PayPal and instruct you to visit their website, which looks just like the real thing. They will ask you to give or confirm personal information in attempt to "phish" you.

Step #5: Destroy all financial information and receipts in a 1/8" inch cross shredder.
Never toss pre-approved credit offers, credit card receipts, phone bills, bank account statements, investment account reports or other documents with personal information directly into a trash container. Make sure to cross shred them before disposal.

Step #6: Freeze your credit file.
Everyone in all 50 states can freeze their credit files by mailing a certified letter to the three credit bureaus. Freezing is free for identity-theft victims. Otherwise, the cost varies. For your state’s law, go to www.consumersunion.org/securityfreeze.htm. In the 11 states without a law, TransUnion and Experian charge $10 to lock your report and another $l0 to unlock it. Equifax hasn’t released the details of its plan. People you already do business with will still be able to examine your credit.

Step #7: Minimize use and evidence of your social security or driver's license number.
Do not print your numbers on checks or on applications or questionnaires, even if required. Minimize carrying evidence of your social security number with you (like your social security card, or if it is written on your health insurance cards). Do not say your social security or driver's license numbers out loud when you are in a public place. Write it on paper instead, and take that paper with you to shred. When creating passwords and personal identification numbers, do not use the last four digits of your social security number (or your mother's mother's maiden name, birthdate, middle name, pet's name, consecutive numbers or anything else that could easily be discovered by thieves).

Step #8: Safeguard your computer.
Install and update firewall and virus protection software on your computer.

Step #9: Remove information about you in the public domain.
-Remove your name from the marketing lists of the three credit reporting bureaus - Equifax, Experian, and TransUnion. Call 888-5OPTOUT or go online to www.optoutprescreen.com.
-Sign up for the Federal Trade Commission's National Do Not Call Registry at (888) 382-1222 (www.donotcall.gov). Your name is added to name deletion lists used by nationwide marketers. You may also need to register for your state's "do not call" list, if it has one.
-Sign up for the Direct Marketing Association's Mail Preference Service by writing to Mail Preference Service, PO Box 282, Carmel, NY 10512. Include $1 check or money order. You can also opt-out online at www.dmaconsumers.org/cgi/offmailinglist. Your name is added to name deletion lists used by nationwide marketers.
-Have your name and address removed from the phone book and reverse directories.
-Opt-out of the sale or sharing of your financial information when given the opportunity by your bank, credit card companies, insurance companies, and investment firms.

Step #10: Lock all mail.
Install a locked mailbox at your residence to secure both ingoing and outgoing mail. Thieves can gain vital information about you from credit card preapprovals, bank statements, bills, and other mail. Even better, convert as much bill-paying, statements, and other correspondence as possible to electronic notices and automatic bank deductions.

SELECTED WEBSITES
FTC: http://www.ftc.gov/bcp/edu/microsites/idtheft//
Federal Agencies and Technology Industry: www.onguardonline.gov
Identity Theft Resource Center: www.idtheftcenter.org
Privacy Rights Clearinghouse: www.privacyrights.org
U.S. Dept. of Justice: www.usdoj.gov/criminal/fraud/idtheft.html
FBI Internet Fraud Complaint Center. www.ic3.gov
Antiphising: www.antiphishing.org
Equifax: http://www.equifax.com/home/
Experian: http://www.experian.com/consumer/index_om_b1.html
TransUnion: http://www.transunion.com/

10 Living Trust Lies


If you have an estate of $100,000 or more, you may benefit from having a living trust. But be careful if you are approached by someone who is not a licensed attorney. Dishonest salespeople will sell you something without carefully analyzing your needs. Con artists promote their business by making false or misleading statements. These are the most common:

Lie #1: Living trusts save taxes. Your estate can be reduced by a 55% death tax.
Misleading. This depends on your state laws. For example, most Texans’ estates will face no death taxation at all. If your Texas estate is taxable, a will can accomplish exactly the same tax savings as a trust at a much cheaper cost. Also, federal law allows each person to transfer some assets "tax free": $2 million in 2008 and $3.5 million in 2009. The estate tax will be repealed in the year 2010, but reinstated in the year 2011. The value of property that can be transferred tax free will be $1 million at that time. If the value of your assets could exceed the applicable limitation (or if a husband’s and wife’s combined assets could exceed the amount), you should see an estate planning attorney to minimize your potential estate tax liability regardless of who receives your property. However, a living trust is not required to take advantage of other techniques to minimize estate tax liability.

Lie #2: Living trusts will help you qualify for public assistance benefits.
False. A living trust will not help you qualify for public assistance benefits, particularly nursing home Medicaid benefits.

Lie #3: Living trusts help you avoid contested wills.
Misleading. Because a "trust" and a "will" are separate legal concepts, a trust is not subject to a will contest. However, trusts just like wills are subject to attack on the basis of lack of capacity, undue influence, and fraud.

Lie #4: Living trusts help you avoid your creditors.
False. During your lifetime, assets in a living trust are subject to the claims of your creditors. After death, these assets are subject to the claim of your estate’s creditors.

Lie #5: Living trusts avoid the expense of a guardianship.
Misleading. A living trust is helpful to avoid the expense of a guardianship in case of your future incapacity. In some circumstances, a durable power of attorney is a simpler and less costly way to achieve the same goal. However, you should choose between a living trust and a power of attorney after you have considered the advantages and disadvantages of each.

Lie #6: Attorneys charge from 3% to 10% or more to probate your estate.
False. There are a variety of pricing options. You should contact three reputable attorneys and compare their prices. (Useful Definition: Probate is the legal process that usually involves filing a deceased person's will with the local probate court, taking inventory of the person's property, paying all legal debts, and eventually distributing the remaining assets and property. If the person died without a will (this is called intestacy), the estate still must be probated and property will be distributed according to state law.)

Lie #7: Probate takes years to complete.
Misleading and very unlikely. Assuming you have hired a reputable attorney, this depends on the complexity of your case.

Lie #8: Probate requires excessive time and money.
False. See above.

Lie #9: Everyone should have a living trust.
False. Good estate planning can't be reduced to one universal formula for everyone. Also, many states have simplified the probate process to the point where a living trust may be unnecessary. In some instances, your executor can validate your wishes for your estate simply by mailing a certified copy of your death certificate to the county probate court.

Lie #10: The living trust is the only way to avoid probate.
False. A living trust is not the only way to avoid probate. Through careful titling, you can arrange for much of your estate to go directly to your heirs, sidestepping probate. For example, retirement accounts and life insurance can be arranged to pass directly to beneficiaries you list on those accounts. Similarly, on your death, property owned jointly with right of survivorship will go straight to the other owners. Savings accounts and mutual funds in regular taxable accounts will pass directly to your heirs if you title the accounts as "pay on death" or "transfer on death." Moreover, most states have rules that allow small estates to be administered outside of probate or through an "expedited" probate process. These rules are different in each state. You can find out more from a reputable local attorney.

WHERE DO I GO FOR MORE HELP?
The following is a selected list of publications and organizations that can help you decide what works best for you:

AARP, "A Consumer's Guide to Living Trusts and Wills", stock #D14535. For more information, contact AARP at 1-800-424-3410; http://www.aarp.org/.

American Bar Association (ABA), "Guide to Wills and Estates" (ISBN 08129-2536-X). For more information, contact the ABA at 1-800-285-2221; http://www.abanet.org/.

Council of Better Business Bureaus, inc., 4200 Wilson Blvd., Suite 800, Arlington, VA 22203-1838; 703-276-0100; http://www.bbb.org/.

Complaints about particular companies or salespeople can be filed with state and local consumer protection agencies as well as the Federal Trade Commission (1-877-FTC-HELP; http://www.ftc.gov/).

SELECTED WEBSITES
AARP: http://www.aarp.org/
American Bar Association: http://www.abanet.org/
Better Business Bureau: http://www.bbb.org/
Federal Trade Commission: http://www.ftc.gov/
National Academy of Elder Law Attorneys: http://www.naela.org/
National Association of Consumer Advocates: http://www.naca.net/
National Consumer Law Center http://www.consumerlaw.org/initiatives/seniors_initiative/index.shtml
Nolo Press: http://www.nolo.com/

7 Rules to for Renters



Rule #1: Never sign a lease or even put a deposit down until you have seen the exact place you will be renting.
Some apartment complexes will show you a model apartment. Often, the apartment you actually get will not be as nice as the model. When you inspect the place you may rent, look it over carefully. Make sure the place does not smell bad. This could signal mildew caused by roof or plumbing leaks. Make sure the stove works. Check the refrigerator. Turn on the dishwasher. Check the garbage disposal. Turn on the water faucets and make sure the hot water works. Flush the toilet. Test the heating and air conditioning units. Open all of the cabinets and drawers in the kitchen and bathroom. Look for signs of insects or rodents. Look carefully at the carpet. Check around the windows. Are there any signs of leaks or water damage? Does the house or apartment have working smoke detectors? Test all of the lights.

Rule #2: Get everything in writing.
To avoid disputes or misunderstandings with your landlord, get everything in writing. Keep copies of any correspondence and follow up an oral agreement with a letter, setting out your understandings.

Rule #3: Write down everything that needs repair or is damaged.
Carry a pen and paper with you. Make a list of anything that is damaged or that needs repair. If you ask your landlord to make repairs, put your request in writing and keep a copy for yourself. If the landlord agrees orally, get the promise in writing or send a letter confirming this. Better yet, refuse to sign the lease or give a deposit until the items are repaired to your satisfaction.

Rule #4: Take pictures of the rental before you move in.
Before placing any belongings in the apartment you need to take a picture of all the rooms in the apartment. Make sure that you focus on all damages to the carpets. Do this with a disposal camera and get them developed within a couple of days of moving in. After they are developed, there will be a month and year time stamp on the back. If you are using a digital camera, make sure that your month and date time stamp are correct.

Rule #5: Read and understand the lease before you sign.
Many people sign the lease without carefully reading it. Often the lease consists of a long form, which the landlord will say is the “standard” form that everyone signs. Do not sign a lease until you have read it and feel you understand it. A lease is valid as soon as you sign it, and you usually cannot back out if you change your mind. You CAN modify a lease before you sign it. The law permits you to make almost any change in the terms of the lease, as long as the landlord agrees to the change. That is part of your renters rights. Do not be afraid to propose changes in the lease. Make the changes in ink and make sure that you and the landlord initial the changes. Also, make sure the terms of returning your security deposit are clearly stated.

Rule #6: Get receipts.
Make sure you get receipts for any financial transactions that occur between yourself and your landlord, such as receipts for any rent paid and any deposits. Put these in a safe place with the pictures you took of the apartment, your lease agreement, receipts and correspondence.

Rule #7: Do not leave the manager’s office without a copy of the final lease agreement.
If you get into a dispute with your landlord, you will find it difficult to rely on verbal promises that have not been put in writing. Both you and your landlord should sign and date all pages separate from the lease agreement. If you have agreements about pets, replacing the carpet, painting the walls, or who pays the utilities, such agreements should all be stated clearly in writing. Anything you want fixed, replaced, or repaired should be requested in writing. It would be wise not to rent from a landlord who will not put the agreement in writing.
One more note: When moving out, take pictures after you have moved all of your belongings out of the apartment. Make sure to include pictures of the carpeting and floors. Bad landlords will try to keep your security deposit and charge you to for getting the apartment ready for the next tenant.

Arrested! 4 Keys to Surviving



It happens. You may just be in the wrong place at the wrong time. You can't control fate. But you can control what you do if it happens. Remember these simple tips:



Rule #1: Know a reputable criminal attorney.
Find a reputable criminal attorney and keep the attorney's business card in your wallet. If you are arrested and need one, you won't have the time to find one.



Rule #2: Keep your mouth shut.
You have the right to remain silent – USE THAT RIGHT. Anything you say can be used against you in court. The police are trained to convince you to talk to them. If you decide to answer questions, you may stop answering them at any time. You have the right to consult with an attorney before answering questions and to have an attorney present when answering them.



Rule #3: Do not argue or resist the police.
Arguing or resisting the police will not help you and will probably hurt you. It will give the police grounds to bring even more criminal charges against you and make it harder for you to get bail.



Rule #4: Request an attorney.
Do not say anything to anyone about anything until you have a lawyer present. Make sure you request to have your attorney present if you are fingerprinted and photographed. Do not allow yourself to be taken before a magistrate without your attorney. If you cannot afford an attorney, one will be appointed to you by the court.

Friday, January 4, 2008

Lawyer Girrrl Blog

The blog of a lawyer that wants to give back to the people without charging them $500 an hour.