Monday, November 29, 2010

CT Judicial Branch Ethics Hearing, Bridgeport Court 12-6-07

Part 1 of this video is the video preceding this one posted by me. Click Here for part 1: www.youtube.com Bridgeport Superior Court Connecticut, post: starkravingviking.blogspot.com Connecticut Judicial Branch Public Service and Trust Committee Members: * Honorable Alexandra DiPentima, Chair * Sandra Sosnoff Baird, Family Support Magistrate * Honorable Robert E. Beach Jr., Appellate Court Judge * Honorable John D. Boland, Superior Court Judge * Joseph F. Camilleri, Information Technology Division * William H. Carbone, Court Support Services Division * Honorable Patrick L. Carroll, III, Superior Court Judge * Honorable Thomas J. Corradino, Superior Court Judge * Attorney Joseph D. D'Alesio, Superior Court Operations Division * Honorable Nina F. Elgo, Superior Court Judge * Attorney Melissa A. Farley, Division of External Affairs * Honorable Roland D. Fasano, Superior Court Judge * Honorable James T. Graham, Superior Court Judge * Ms. Lisa Holden, Connecticut Coalition Against Domestic Violence * Attorney Norman K. Janes, Statewide Legal Services of CT, Inc. * Honorable Clarance J. Jones, Superior Court Judge * Attorney Kevin T. Kane, Chief State's Attorney * Justice Joette Katz, Supreme Court Justice * Ms. Caren Kittredge, Public Member * Honorable Sandra Vilardi Leheny, Superior Court Judge * Honorable Douglas C. Mintz, Superior Court Judge * Attorney Joseph Mirrione, Connecticut Trial Lawyers Association * Attorney William H. Prout Jr., Connecticut Bar Association ...



http://www.youtube.com/watch?v=Lm6ZyUzn0zI&hl=en

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Tuesday, November 23, 2010

Bruce Castor Endorses Pat Coonahan for Judge - Full Version

As a litigator, Pat Coonahan has complete familiarity with the County's court system. As an appellate attorney, she has developed a knowledge of the rules of evidence and procedure, and a wide base of experience with legal precedent in the Court of Common Pleas and in the State and Federal courts. Her qualities of excellent intellect, integrity, temperament and, above all, a sense of fairness make her well suited to serve as Court of Common Pleas Judge.



http://www.youtube.com/watch?v=Ee30A_EK8Qk&hl=en

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Thursday, November 18, 2010

The Role of Trial Attorneys

Trial attorneys are licensed practitioner by the law, employed either by a party to the case or by a country to prepare and present a case. They represent people who have been injured or violated in some way. They are also sometimes called tort or plaintiff lawyers.

A tort is an act of causing physical injury, for which the wrongdoer may be sued by the injured party. Legally, torts are civil cases. They are different from criminal cases. The person that initiates the lawsuit is the plaintiff, while the accused party is the defendant. They are the two primary subjects of the trial case.

A lawsuit is a civil action brought before a court in which the plaintiff seeks a legal remedy. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a range of court orders may be issued to enforce a right, award damages, or impose a sanction to prevent or force an act to the defendant.

Whether or not a person plans to pursue litigation, a litigation attorney will be able to determine what the best approach for the case is and can advice the client on how to take the next steps.

Before entering trial, lawyers will try to negotiate first with the other party until they decide to come to an agreement or not. This is called the settlement of cases. This occurs in civil and criminal cases. A settlement may come in the form of money, which satisfies both sides. If they do not decide on an agreement, the lawsuit shall push through.

The early stages of the trial involve the organized exchange of statements and evidences between the parties. This is meant to do away with surprises and clarify what the lawsuit is about. The case then proceeds to trial with each side presenting witnesses and submitting evidences. At the end of this, the judge or jury delivers their verdict.

Trial attorneys play an important part in lawsuits involving tort cases. Without them, your defense will be weak and you might not be able to win your case.

The roles or responsibilities of trial attorneys are:

o To give legal advice

o To provide legal representation for his/her client in court

o To arrange and draft the legal papers needed by the court for briefing regarding the issues on the case. These include drafting of complaints, pleadings, and appellate briefs.

o To argue a client's case before a judge or a jury of the court. It is his job to defend his client through oral arguments in the court

Trials involve a lot of pressure. Do not carry this pressure on your own. You can seek assistance from expert trial attorneys who are competent and dedicated.

A good trial lawyer can be a great help. An experienced and knowledgeable lawyer can give you an edge over your opponent and he could work to your advantage. If you get involved in any form of personal injury claims, hire the right tort trial attorney.




Know more information about the role of Los Angeles Trial Lawyers with the help of well-experienced ones.

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Tuesday, November 2, 2010

Under New Proposed Texas Legislation, Teenagers May Need Doctor's Note to Use Tanning Bed

The annual ritual of spring break is in full swing for high school and college students everywhere, including here in Texas. Beaches right here in our great state of Texas are a popular destination for young people looking for a week of fun away from parents and teachers. In preparation, tanning salons are filled with those who want to look like they already have spent weeks lounging by the water on the day they arrive. Some legislators in the Texas House want to make that popular bronzing effort more difficult for those who are under the age of eighteen.

Last Tuesday, the House Committee on Public Health approved a bill that would require a doctor's note and the presence of a parent for any client under the age of eighteen who shows up at a salon requesting the use of a tanning bed. The bill's sponsor, State Rep. Burt Solomons, has the intention of enacting the strictest laws concerning tanning regulations for teens in the country. The legislation has strong support from doctors, who warn against the dangers of ultraviolet light that is used in tanning beds. While teenagers only constitute five percent of tanning customers, salon owners fear that this law would hurt business in an already struggling economy.

Under current Texas law, everyone under the age of eighteen needs the permission of a parent. Those who are under sixteen years of age and desire darker skin must have a parent present. And, only young clients up to the age of thirteen now need a note from the doctor.

If you used a tanning salon that you believe was not following strict oversight of its procedures and you have medical problems as a result, Bertolino LLP has personal injury attorneys in Austin, Houston and San Antonio who can fight for the compensation you deserve. If you are the business owner of a tanning salon who has been unfairly accused of poor business practices, our business lawyers who practice in the area of business litigation can offer the defense you need.




Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at http://www.belolaw.com

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Friday, October 22, 2010

Prenuptial Agreements in Michigan - The Five Steps and Foreseeability

In the recent case, Reed v Reed, the Michigan Appellate Court made a decision that strengthened the enforceability of prenuptial agreements especially in long-term marriages.

Before Reed, there were five basic factors to determine whether a prenuptial agreement is enforceable:

  1. Was the agreement obtained through fraud, duress or mistake?

  2. Was the agreement unconscionable/unfair when signed?

  3. Have the facts and circumstances changed since then so as to make it unfair and unreasonable?

  4. Did both parties enter into the agreement voluntarily?

  5. Did both parties disclose all assets and facts before signing the agreement?

In enforcing prenuptial agreements in long-term marriages, the Courts in Michigan have found that the facts and circumstances changed since the date of the agreement and refused to enforce them. This new decision limits the trial courts ability to throw out a prenuptial agreement that the trial court does not like and substitute its own decision rather than follow the prenuptial.

This has been generally true until the case of Reed v Reed. Mr. and Mrs. Reed married in 1975. When they married, Mr. Reed was in law school and Mrs. Reed was studying for her degree in business. They had approximately $20,000 worth of assets. Mr. and Mrs. Reed were married for thirty years. During the marriage, they accumulated several million dollars worth of assets. They shared some of their assets and bank accounts jointly and titled other assets and bank accounts in their own names.

The trial court decided not to enforce the agreement. The trial court believed that it would be unfair to enforce the agreement at the time of the divorce based upon the length of the marriage and the accumulation of assets. The Appellate Court disagreed with the trial court and ordered the trial court to enforce the agreement despite the length of the marriage and the accumulation of assets.

The Appellate Court included an element of "foreseeability." It indicated that at the time of the agreement, it was foreseeable that the parties may accumulate significant wealth and that a long-term marriage was as foreseeable (and actually what most people hope for) as a short-term marriage. The court indicated that because of the "foreseeability" of the long-term marriage and accumulation of assets, enforceability was fair. It indicated that Mr. and Mrs. Reed could have foreseen the long marriage and accumulation of assets when they entered into the agreement.

The Court stated a very strong preference for upholding prenuptial agreements. It stated that the parties to the prenuptial agreement had "agreed to be captains of their own financial ship and to decide their own destiny." Therefore, if a future event is foreseeable, it is not a change that would make enforcement unfair.

This decision has strengthened the enforceability of prenuptial agreements, especially in long-term marriages. If parties that are marrying would like to maintain their own separate assets and income into the future, it appears that prenuptial agreements are a very strong way to do so. In writing a prenuptial or making changes to one, both people should be represented by an attorney due to the serious effects it will have on their rights. Prenuptials are particularly important for small/family business owners or partners.




I am Cameron C. Goulding, a divorce lawyer practicing in North Oakland County Michigan for over fourteen years, for more information or to contact me please visit my website http://www.camerongoulding.com/ or call for an appointment at (248) 340-0900. I provide the highest caliber family law services to Rochester, Rochester Hills, Bloomfield, Troy, Lake Orion, Oxford, Waterford and the surrounding communities in Macomb and Genesee Counties.

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Tuesday, October 19, 2010

Santa Cruz Appellate lawsuit4: Channel 17 5-10: From Rags to Middle Class

My Santa Cruz lawsuit, over nine disputed easements on a 3-acre property I purchased in the Santa Cruz mountains, was appealed. Here, I discuss why I disagree with the Appellate Court's decision and my prima facie case that attorney Robert Bosso and Caleb Baskin modified the settlement agreement they submitted to the court.



http://www.youtube.com/watch?v=JjcK1KMUYDM&hl=en

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Friday, September 24, 2010

Multi-Million Dollar Divorces Bring a Unique and Complex Set of Issues

When you think of high-profile divorce cases at which millions of dollars are at stake, perhaps your first inclination is to think of the celebrities who find themselves in a court room somewhere near the movie and music studios that employ them. Certainly, these contentious battles receive the most media coverage, as recent divorces involving Madonna, Paul McCartney and Mel Gibson demonstrate. We come to learn about every asset of these famous men and women, down to the nickels and dimes, as well as every alleged indiscretion that may have led to the couple staring one another down in a courtroom. However, the dissolution of wealthy marriages does not just occur in Hollywood or the pages of tabloids. The reality is that divorces with large financial stakes are playing out all the time in every state, just usually without the glare of the paparazzi's lens. Right here in Texas, dividing assets that are worth upwards of seven or eight figures is not unusual. Family law attorneys who wish to handle such cases must be almost as experienced in finance, accounting, and tax structures as they are in the matters of child support and marriage contracts.

Did you know that the current economic recession has actually played a role in increasing the number of wealthy couples who are filing for divorce? While overall, according to the American Academy of Matrimonial Lawyers, divorces tend to decline with an economic downtown, those with a tremendous amount of assets do not follow the trend. Instead, the number of inquiries to divorce attorneys from potential clients with a great deal of wealth increased by forty percent over the past year. During a recession, you can expect that a couple's assets will decrease in value, from the family home to the high-risk investments to the 401(k) account. By making the decision to split when values are low, individuals will be obligated to provide less to a spouse in a resolution. If a marriage was already shaky or wholly dependent on the good times of a thriving economy to make the union bearable through material gains , a recession is going to make such partnerships all the more susceptible to the addition of a divorce lawyer or two into the relationship.

Divorce is never an easy process for a couple of navigate. These proceedings usually come with heightened and mixed emotions, an intense sense of grief and, if there are children involved, concern over what is best in terms of visitation and financial support. However, there is an additional set of complex issues that come into play with the two people who are separating are worth millions of dollars. If you are in this situation, you need to make sure that you are working with a family law attorney who specializes in such cases. Just think about all of the financial consequences that come from the dissolution of such a union. Property such as investment portfolios, time shares, art collections, equity in businesses, compensation packages, and other assets that are unique to the wealthy members of our population all can become points of contention for two people who both offer legitimate claims to their worth. The level of negotiation goes way beyond which person gets the newer car and how many nights the kids will stay at each house. These high-stakes divorce cases become complex business deals similar to the dissolution of a corporation. In Texas, these assets tend to take the form of oil and gas investments, securities, corporate ownerships, and large amounts of physical property. Texas has no shortage of men and women who have made fortunes off our state's natural resources and impressive human capital, and they want to hold onto the fruits of their labor.

In addition to the property that is known and shared by both partners in a marriage, attorneys who are handling the divorce of a wealthy client also must consider the possibility that the other spouse is intentionally hiding some assets in order to lower the final amount of a settlement. When necessary, forensic experts in accounting, banking, business management, and other specialized fields may be retained to ensure that all investments are located and protected. If you believe that your estranged husband or wife may be hiding some sources of income, you need to make sure that you are hiring a lawyer with the professional resources and knowledge to know where to look to find hidden assets like offshore bank accounts, deferred compensation, tax shelters and other sources of income that must be included as community property.

When negotiating divorce settlements in Texas, attorneys must work under the fact that we are a "community property" state. This means that most property acquired during the marriage will be subject to an equitable division in a divorce settlement or trial. Even if one spouse was the sole source of income and therefore provided the money for the homes, cars, investments, etc., both partners have equal claim on these assets when a separation occurs. While a judge always will start with the assumption of a 50/50 split, various factors, such as the fault in the break-up of the marriage and the value of the assets of property, may shift the final decision.

In addition to the splitting of assets, a wealthy couple often faces the question of spousal support or alimony. When both members of a partnership become accustomed to a particular standard of living, battles may be fought if the ability to maintain the same existence is threatened. What expectations should one spouse have for financial support if he or she did not provide the primary source of income during the marriage? In Texas, spousal support is not an assumed component of the divorce settlement. Instead, a judge will examine factors such as the employment and education skills of the spouse, the duration of the marriage, the physical and emotional condition of the spouse, the need to care for children in the home, and possible marital misconduct. The decision can be made to provide either temporary spousal support or more long-term assistance. When dealing with couples who are used to budgeting with millions of dollars at their disposal, awards of spousal support can reach into the tens of thousands of dollars every month.

It is often said that everything is done bigger in Texas, from our food to our sports to our love of the outdoors. The same idea often holds true concerning the divorces that take place between some of the most wealthy and high-profile residents of our state. These marriages are not just unions of love and the foundation of families, but also complex business partnerships. With all of the money at stake, there are divorce attorneys who specialize in the dissolution of high-dollar marriages. If you find yourself in the position of needing legal representation in the face of an ending marriage and the financial consequences of the split are significant, it is imperative that you find an attorney who displays great comfort with discussions of investment portfolios, vacation homes, and antique heirlooms. If these conversations do not occur with ease, move on until you find an attorney who provides you the needed confidence that a difficult time in your life will be made as easy as possible.




Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at http://www.belolaw.com

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