What There Is To Know About OVDI FAQ Do You

What There Is To Know About OVDI FAQ Do You Know

And the IRS demands to know where all the taxpayers foreign accounts are located --- it is a crime to keep these account secret if they are over $10,000.00 in value. The IRS offered two previous offshore voluntary disclosure initiatives. One in 2009 and the last one in 2011. The last one expired on August 31, 2011. For those citizens thinking what to do, this article discusses their four remaining options.

Option One: Stick your head in the sand and hope the IRS never catches you. Perhaps your foreign foreign bank account is at a foreign bank that you believe to be "off the radar" or is in a quiet jurisdiction, or under a friend's name, or opened with a non-US passport. Well, it used to be that a foreign bank account's actual owner could be kept fairly secret. However, now, the Internal Revenue Service has vastly many more tools than it did previously to find unreported accounts.


Here's the thing - every global banking and financial organization must be in the US marketplace otherwise it would turn into such a small time player that the bank's shareholders would revolt. Despite everything you may have heard, the US is still by far the largest economy in the world and every global bank must be on the good side of the IRS - otherwise that foreign bank will be shut out of getting US capital or customers! In order to be on the good side of the IRS is to disclose what the IRS says to disclose. Accordingly the foreign bank is really at the mercy of the IRS-.meaning so are the banks' account holders. So you see, hiding behind the shadows becomes riskier and riskier. And once the IRS starts seeking a criminal indictment, there are no option left except-pay outrageous taxes and the highest penalties and face the significant possibility of real jail time.

The next option is to renounce citizenship and leave the country --- as there is no other way to escape the power of the Internal Revenue Service. But be warned --- expatriation only will dodge future tax debts and conformity issues. The lone method to properly relinquish is to essentially come forward about all overseas foreign bank financial records and actually pay an expatriation excise (in many ways it was easier to leave Soviet Block country than to leave the USA completely intact with your wealth.)

Option 3: Soft (or quiet) disclosure. One option is to file amended returns, this time including previously unreported income - simply filing the returns as if it were simply forgotten income. Doesn't this seems think a fool-proof game-plan? Perhaps one could avoid all those excessive penalties of the OVDI programs?

The IRS says that these amended returns are "red flags." Even though the tax returns are amended and back taxes paid, the Internal revenue service tells says that foreign account holders will still face penalties and criminal charges. In addition to charging and prosecuting people with undeclared foreign income, the DOJ claims that it has also begun prosecution of taxpayers whose "Quiet Disclosures" were discovered by the Internal revenue service.

There are other problems with "Quiet Disclosures." One reason is that a soft disclosure does not remedy the problem of the taxpayer's failure to report the bank account on the FBAR; as a willful failure to file an FBAR is a criminal charge. So filing a quiet disclosure does not go far enough to eliminate any likelihood of criminal investigations. In fact, the amended return might --- well here's the problem with this option --- it does nothing about the failure to FBAR forms. There are still criminal and civil charges that may be pending for failing to file an FBAR, but simply give the IRS a very handy to locate you.

The forth option is a pre-emptive disclosure and subsequent negotiation of the penalties. This is the optimal solution. Even though the time to file under the 2011 OVDI has expired, there is time to act. The only deal that passed on August 31, 2011 was the specific standards terms of the 2011 OVDI. It was simply a pre-agreed upon penalty arrangement. The Internal revenue service always welcomes voluntary disclosures.

There are two main requirements. First, the taxpayer can't already be under audit or criminal investigation. And second, the foreign accounts cannot be connected to any criminal activity - think money laundering or drug trafficking. Once these prerequisites are met, any criminal indictments are removed from the continuum of possibilities and the case is sent to the civil division for assessment of taxes, interest and penalties. A voluntary disclosure offers reduced penalties and a guarantee of no criminal prosecution. Although fines and penalties may be considerable, that's just a bill, they are meaningless compared to an .

If someone is still questioning what the appropriate course of action is, it is critical that they only talk to a experienced overseas tax attorney. The attorney-client privilege only applies in communications to an lawyer. The Internal Revenue Service can subpoena nearly anyone else to give evidence against a taxpayer.

We all should be suitably knowledgeable & my Blog will assist you to make an informed conclusion. Search out added from a true pro that is aware of the law about somekeyword-. Don't acquire advice regarding somekeyword- from someone who has not considered income tax law.

What There Is To Know About Offshore Accounts Do You

What There Is To Know About Offshore Accounts Do You Know

So many taxpayers got caught off guard with the recent attention the Internal Revenue Service is giving holders of offshore bank accounts. So what to do? The last offshore voluntary disclosure initiative (OVDI) ended on August 31, 2011. These are the four options still available.

The first option is to do nothing except hope and pray. The advantage is that it costs nothing to do, and there is certainly a possibility, no matter how slight, that the taxpayer can get away with the crime. The downside that is if learned, there is an unbelievable emotional strain for anyone who become a criminal defendant. Even if acquitted, the entire process will be the most arduous time of someone's life. Even if found not guilty, a criminal trial is still incredibly costly.


Here's the thing - every global banking and financial institution must be in the American market or it would become such a small time player that the bank's shareholders would revolt. Despite everything you may have heard, the American is still by far the largest economy in the world and every global foreign bank must be on the good side of the Internal Revenue Service - otherwise that foreign bank will be shut out of getting US capital or customers! Part of being on the good side of the IRS is to cough up what the Internal Revenue Service says to disclose. Consequently the foreign bank is really at the mercy of the Internal Revenue Service-.meaning so are the banks' account holders. So you see, hiding becomes riskier and riskier. And once the Internal Revenue Service starts an investigation, there is only one option left-pay outrageous taxes and the highest penalties and face the significant possibility of real jail time.

Option 2: Renounce citizenship; Leave the country. Do you want to say goodbye to the Internal Revenue Service? There is only one way to do it. That is, to renounce one's citizenship and no longer be a American citizen. The process is complicated. Furthermore, a requirement of proper expatriation is that a citizen has to be in compliance with all tax laws and pay an expatriation tax in order to make it official. If you fail to expatriate properly, you would still be subject to the jurisdiction of the US, meaning nothing was accomplished and you are still subject to all the requirements of the tax code. Expatriation may make sense to avoid future tax liabilities , but you have to report the existence of undisclosed financial accounts first.

This third way is to simply file amended returns and not explicitedly tell the Internal Revenue Service that you are seeking to voluntarily disclose. This is known as a "quiet" or "soft" disclosure. This is basically a "cheap" alternative and that's is only advantage . But the horrible possibilities are that you may give the IRS a roadmap to charge you criminally, and if caught, you are see high penalties and a possibility of criminal charges.

The Department of Justice states that it has begun prosecutions on people who have attempted soft disclosures. So this option has some serious problems

The "soft" disclosure option is incredibly risky for several reasons. One reason is that a soft disclosure does not remedy the problem of the taxpayer's failure to report the bank account on the FBAR; as a willful failure to file an FBAR is a criminal charge. As a result filing a quiet disclosure 't go far enough to eradicate any likelihood of criminal charges. In fact, the 1040X may --- well here's the terrific dilemma with this option --- it does nothing about the failure to the FBAR. There are still criminal and civil charges that may be pending for failing to file an FBAR, but simply give the IRS a very handy to locate you.

The forth option is a pre-emptive disclosure and subsequent negotiation of the penalties. This is the best option. Even though the time to file under the 2011 initiative has passed, it is not too late. The only thing that passed on August 31, 2011 was the particular standards terms of the 2011 OVDI. The 2011 OVDI was simply a pre-agreed upon penalty arrangement. The IRS always welcomes voluntary disclosures.

There are 2 main requirements. First, the taxpayer cannot already be under examination or criminal investigation. And next, the foreign assets cannot be connected to criminal activity - think currency laundering or drug trafficking. Once these qualifications are satisfied, criminal crimes come off the table and the taxpayer's is sent to the civil division for assessment of taxes, interest and penalties. A successful OVDI offers reduced penalties and a guarantee of no criminal prosecution. Although fines and penalties may be considerable, that's just a bill, they are insignificant compared to an .

If someone is still wondering what the suitable course of action is, it is imperative that they only talk to a qualified offshore tax law firm. The attorney-client privilege only applies when speaking to an attorney. The IRS can subpoena a CPA or nearly anyone else to give evidence against a taxpayer.

Get more from a bona fide authority that knows the law concerning somekeyword-. Don't tolerate advice in relation to somekeyword- from someone who hasn't studied tax law.

Tucson DUI Attorney - Classification of DUI Offence

A dui (DUI) is the act of operating any electric machinery after/during consuming alcohol or other drugs. DUI or DWI are synonymous terms that represent the criminal offense of operating (or in some jurisdictions merely being in physical control of) a motor vehicle while being under the power of alcohol or drugs or a mix of both. It is a criminal offense in most countries.

Most of the countries have taken strict rules for anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs. He/She can be heavily fined, as with France, in addition to being given a lengthy prison phrase. Many states in the U. S. have adopted truth within sentencing laws that enforce strict guidelines on sentencing. For case, if a defendant is sentenced to ten years, he or she will be in prison for that entire time. This is totally different from past practice where prison time was reduced or suspended after sentencing have been issued. A DUI charge can be frustrating and depressing and it can lead to serious consequences. So a DUI attorney is first and vital requirement.

A DUI Attorney is a person who are able to help a person charged under the DUI law. A lot of people are booked under such cases as a result of increasing rate of drug/alcohol consumption. Therefore, a lawyer is a person who will assist you to. A DUI attorney can provide you a wide range of advantages. A DUI lawyer possesses good experience when it comes to defending DUI suspects and maybe they are acquainted with the DUI laws of their state. They even propose the best deal in regards to bargaining with the prosecutor and the case.

Some great benefits of having a DUI lawyer are:

Their ability to attain plea deal or negotiation which could reduce the jail sentence, reduce the fines and cost for a DUI given by way of the government.

A DUI attorney can help you find ways to have the charges dropped and the case thrown altogether.

They generally allow their customers to contact them at any time of the day and via any form of communication.

Everything discussed which includes a DUI lawyer is confidential and protected by the attorney client privilege. Since everything is confidential between a client and a legal professional, the client should be completely honest with the DUI lawyer to help build a defense.

A lawyer can help delay the proceedings inside courtroom to help minimize the burden on the accused and even help move the case to a more favorable Judge.

DUI lawyers come with an easier time subpoenaing the police report and evidence against you, if you are cited for a DUI.

DUI attorneys will also be able to help you get a driver's license back and/or have the DUI charge reduced or dismissed. If the suspect was arrested for driving under the influence and had his license administratively suspended by the arresting officer in the Department of Highway Safety and Motor Vehicles, a DUI lawyer can appeal the license suspension and, hopefully, recover the license before going to trial. This will allow the suspect to keep driving until the result is in trial, while the judge has not decided whether or not to revoke or suspend the license criminally.

Reasons Why Your Business Should Hire a Law Consultant

The importance of a business is sublime in the eyes of the owner; in fact, some people even compare a business to a baby. They say, a business is born like a baby and it is the owner who raises it to be a whole and complete organization. The smooth running of a business is equally important as the growth and development and the best way to ensure a constant flow of the business is to hire a law consultant. Some people are of the view that hiring a business attorney is simply adding extra burden on the business but truth is a business attorney makes sure that your business never experiences any legal disruption or distress.

There are several situations where the presence of a business attorney is the only thing that can save your business from any unwanted trouble and expenditure. For instance, the government keeps amending the rules regarding business practices and it is difficult for the owners to keep up with these updates and amendments but if a business has hired a law consultant he or she will be aware of all the new laws and would instantly engage in the development of the new paper-work or documentation to avoid any kind of fines or penalties to the business. Similarly, most businesses need to purchase new property in the form of land or building for the purpose of expansion, in this case the business attorney will make sure that all the paper work is genuine and the property is being purchased from an authentic owner. The business attorney also takes the responsibly of securing the business the best deals by stating all the clauses in the contract that he or she believes would benefit the business.


The role of a business attorney is maximized when the business is planning on taking up a merger or an acquisition. The reason why the presence of a law consultant is vital in this situation is because under a merger or an acquisition the business is taking up the assets and liabilities of the acquired or merged business and this crucial decision must only be taken under the guidance of the attorney who has best information on how to deal with these things.

There are many business attorneys in the market but one of the best and most renowned business attorney's is located in San Ramon, California, Lubna K. Jahangiri. Miss Lubna is an expert law consultant especially in the field of business and corporate law and she offers her excellent services at very affordable and reasonable prices. The most special and unique feature of her law firm is that you can arrange for a meeting to discuss the situation of your business with complete attorney-client privilege. The goal of this law firm is to understand the needs of the clients and bring about positive results for the client and the business. Miss Lubna's superior skills have benefited many businesses especially those who were facing commercial real estate law problems, partnerships problems and other corporate and business law problems

Miss somekeyword is one of the most qualified and experienced somekeyword and corporate lawyer in the State of California.

Lubna Jahangiri

2010 Crow Canyon Place,Suite 100 San Ramon CA 94583 U.S Tel: (925) 359-3233 Fax: (925) 359-3234 Email:

Are You Effectively Informed Of Your OVDI Options

The IRS has power to impose a tax on income from around the globe. The IRS has universal jurisdiction to tax income anywhere it is earned --- even it was earned on the moon! Not only that, it is a crime not to tell the IRS about foreign accounts if their value exceeds $10,000.00 by filing an FBAR form every June. The IRS offered two previous offshore voluntary disclosure initiatives. One in 2009 and the last one in 2011. The last one expired on August 31, 2011. For those people thinking what to do, this piece talks about their 4 remaining options.

Option One: Stick your head in the sand and hope the IRS never catches you. Perhaps your foreign foreign bank account is at a bank that you believe to be "off the radar" or is in a quiet jurisdiction, or under a friend's name, or opened with a non-American passport. Well, it used to be that a foreign bank account's true owner could be kept anonymous. However, now, the Internal Revenue Service has vastly many more tools than it did previously to find hidden accounts.


Here's the thing - despite what you hear, the American is still by far the largest ecomony in the world and has the richest population by far. Every foreign foreign bank must compete for US customers. And in order to do so, these banks must comply with what the IRS tell them to. Part of being on the good side of the Internal revenue service is to disclose what the Internal Revenue Service says to cough up. So the bank is really at the mercy of the Internal Revenue Service-.meaning so are the banks' foreign account holders. So you see, hiding becomes riskier and riskier. And once the Internal Revenue Service starts an investigation, there are no option left except-pay outrageous taxes and the highest penalties and face the significant possibility of real jail time.

The next option is to renounce nationality and depart the country --- as there is no other way to escape the power of the IRS. But be warned --- expatriation only will dodge future tax debts and conformity problems. The lone method to correctly forsake is to essentially come forward about all overseas foreign bank financial records and actually pay an expatriation excise (many commenters have noted that it was easier to leave cold war USSR with your wealth intact than the modern day USA. .)

The third option is to quietly filed amended 1040X's and not mention to the IRS that you are seeking to come clean. This is known as a "quiet" or "soft" disclosure. This is basically a "cheap" alternative and that's is only advantage . But the horrible possibilities are that you may give the IRS a very handy clue to charge you criminally, and if caught, you are see high penalties and a possibility of criminal charges.

There may be serious problems with this alternative. One major drawback is that the Department of Justice states that it has begun criminal proceeding against people who attempted to utilize the "soft" disclosure process.

There are other problems with "Quiet Disclosures." One massive failing is that they do not remedy the problem of the taxpayer's failure to report the bank account on the FBAR; failing to filing an FBAR can be a criminal charge just by itself. As a result simply filing a quiet disclosure 't go far enough to eradicate any possibility of criminal charges. In fact, the 1040X may --- well here's the massive problem with this alternative --- the soft disclosure does nothing concerning the failure to FBAR forms. There are still criminal and civil charges that may be pending for failing to file an FBAR, but simply give the IRS a very handy to locate you.

The forth option is a pre-emptive disclosure and subsequent negotiation of the penalties. If enjoying the rest of your life is chief importance, there can be no doubt that this alternative is the best option. Yes, the 2011 initiative expired, but that does not mean a voluntary disclosure can not be filed. The Internal Revenue Service always welcomes offshore disclosures. The only deadline that was missed was the particular stipulations of the 2011 OVDI which capped certain penalties.

There are 2 main requirements. First, the taxpayer cannot already be under audit or criminal investigation. And second, the foreign accounts cannot be connected to criminal activity - think money laundering or drug trafficking. Once these qualifications are satisfied, any criminal charges come off the table and the case is sent to the civil division for assessment of taxes, interest and penalties. A voluntary disclosure offers reduced penalties and a promise of no criminal prosecution. Even though fines and penalties may be considerable, they are insignificant compared to an .

If someone is still questioning what the appropriate course of action is, it is critical that they only talk to a experienced offshore tax attorney. The attorney-client privilege only applies when speaking to an attorney. The IRS can subpoena a CPA or nearly anyone else to testify against a taxpayer.

Think this piece on the subject of somekeyword- is instructive? Acquire other knowledge with reference to somekeyword from an connoisseur that has learned the IRS. Most of us should be properly knowledgeable & my Web site will aid you to put together an well-versed determination.

Alcohol Related Car Accidents

The best advice to remember when talking to a lawyer on the internet is that chances are the information you discuss is not protected by the attorney-client privilege and chances are the lawyers will not consider you a client at all. If you believe you will need to use attorney-client privilege, talk to your lawyer in his office. But until that day ask a question to a lawyer online may be for you.

Accident Fault is decided by the insurance company, not by the police officer that answered to the scene. Police officers police reports and statements are considered evidence, and they can "persuade" the insurance companies regarding fault.

If the police department does not determine fault, then who and how is this determined? Usually there are at least two parties or drivers involved in a car accident, and usually they have insurance. In this case, both insurance companies will handle the claim for their insureds. They would negotiation between each other and will settle for what they believe is it is fair.ir.


Insurance companies must follow certain format to determine fault. They must look at the negligence of each driver and then attribute percentages of fault. The first step is a negligence analysis. Insurance adjusters must look at every driver's duties, breaches, causation, and damages. All four elements must be met, and if one of them is missing, then that driver was not at fault. If all four exist, then the driver was at fault, but how much still needs to be decided.

To determine accident fault, insurance companies will look at the "driver duty". Every person behind the wheel of a car assumes driver duties. It does not matter if you have a license or no, it does not matter if

you are an adult or a toddler. The law will place affirmative duties in every driver for purposes of accident fault. But exactly what duties are attributed to every driver? Usually they are "lookout, avoidance, and following the rules of the road".

Look out is simply paying attention. Every driver must be attentive to what is going around him/her. So when the adjuster asks you "did you see them coming" your answer better be "yes". If you do not see another vehicle and you had the visibility to do see them, then you will have probably

breach this duty.

Avoidance is exactly that. You must attempt to avoid the accident. The fact that another car is at fault, or has done something illegal does not give the driver license to hit them. For example, if a vehicle pulls

out of a stop sign, the driver approaching must try to avoid the accident. No evasive accident could be strong evidence of negligence against the vehicle that had the right of way.

Following the rules of the road is the obvious one for accident fault. You must be in full compliance with all the traffic laws that apply to the accident. The traffic laws are codified in all states in the state annotated code or the administrative code (the name changes per state). If you are speeding, you can be found some percentage at fault for the damages.

The next step in determining accident fault is breach. This means that the duties outlined about must have been "broken". If you did not breach any duty, you cannot possibly be found at fault.

But the accident fault analysis does not stop there.

Offshore Tax Advice

We are able to offer tax advice for Guatemala, not for other countries. In the other countries where we offer banking in (Ecuador, Costa Rica and Mexico) we have lawyers located there who can offer legal advice regarding laws in their country.

All the jurisdictions we deal with do not tax offshore-derived income. They are not part of the European Tax Withholding Treaty. The countries we deal in do not report any corporate or banking information to any other countries. Information -may- be shared in some circumstances involving a TIEA (Tax Information Exchange Agreement) request but then the only names being given up would be the member of our law firm signing on the bank account. The banks have no idea who you are and have no identity documents on you. The banks in the countries we use have bank secrecy laws. The attorney client privilege laws are very strong in Guatemala. Ultimately any information requests would need to be brought into the Guatemala courts. The country requesting would need to hire local Guatemala counsel to represent them and appear with them in court. Expensive. Evidence would need to be provided of involvement in a major crime, taxes are not enough. A law firm is not a bank and can conceal client's identities for reasons pertaining to attorney client privilege. Attorney client privilege is much stronger in Guatemala than it is in Europe or North America.


You may find yourself in a very tough spot when trying to find a lawyer in your own country knowledgeable about the offshore world as it applies to the laws in your own country. This is not training they would most likely ever had in law school. Check out a law school curriculum in your country online for further convincing. They cannot appear to represent you in a matter in another country. They need to hire local counsel and can appear with the local counsel. Additionally there is a very likely chance of you having a conflict of interest with your attorney or accountant. In some countries it is incumbent on the accountant or attorney to report to the government any client who attempts to defeat the tax laws of the country the lawyer or accountant is in. The lawyer or accountant may be unsure of your motives, intentions and methods and to avoid any loss of license they may report you to the government.

Another problem in some countries is civil liability. If the lawyer feels you are going to move assets offshore they may get scared and redirect you to a domestic structure that is inherently much weaker. This is to keep your money onshore so any creditors or government agencies can grab your money. It is also easier for them to sell you an onshore structure that they can setup without any third party involvement in other countries. In an offshore structure the likelihood of any creditor being successful is greatly diminished and the amount of money required to launch a financial attack is going to be greatly increased, in many cases way too much money is going to be required to justify the effort considering the very poor chance of success. If the lawyer or accountant is later found to have helped you remove funds from the reach of a creditor they can be sued for fraudulent conveyance, conspiracy to defraud a creditor, facilitating a fraudulent conveyance, obstructing justice and other things. They could have professional charges filed against their license. They could face criminal charges. Their malpractice carrier could drop their coverage. They are a target because their malpractice insurance makes them a target with deep pockets and your creditors lawyers will love going after them in court so they can recover excessive legal bills.

The bottom line is you are facing conflict of interest issues using a home country lawyer or accountant. You are facing other problems relying on information an offshore agent, accountant or lawyer provides since they are not licensed or qualified to provide such advice in your jurisdiction and cannot represent you in the event representation is needed. We are not the ones that created the dilemma; we are just the ones making you aware of the problem. Please do not shoot the messenger.

For more information on this subject follow these links:

somekeyword

Using HIPAA as a Guide for Legal Transcription & Translation

Using HIPAA as a Guide for Legal Transcription & Translation Services

Every industry and company has a certain set of standards that they work by in order to maintain an ethical and moral stance & deliver unprecedented customer service - at least that's the overall goal. In some business, a promise of service at a certain level isn't enough for consumers and governmental or regulatory agencies. In the case of medical and health information, HIPAA is one of those regulatory systems that is designed to maintain a minimum level of confidentiality when it comes to patients medical records and personal data. Any company dealing specifically with that information is ruled by the guidelines of HIPAA in how data can be stored, transferred, discussed, shared, and distributed.

HIPAA controls the flow of information very well among those entities that are involved in medical care, documentation and information, but there's a vast world of businesses out there that is in no way related to the medical field or health care system. HIPAA is effective and its structure is sound, but it doesn't cover those businesses outside of its umbrella of influence.


So how do clients, consumers and other businesses know their data is being handled with care if - for example - they work with a legal transcription and translation company that's handling sensitive material?

While the HIPAA regulations do not cover a legal transcription agency, they do set a certain standard for how a business can and should operate. While HIPAA was partially designed to help maintain confidentiality and secrecy for patients, the principles set forth by HIPAA are applicable to any business that uses them as a model for ethical operation, such as a legal transcription or translation agency.

Legal transcription and translation companies deal in sensitive information on a daily basis - information that relates to the identity of witnesses, sworn testimonies, attorney-client privilege information, confidential court documents, depositions & hearings and a great deal more information. Every piece of information, if corrupted or distributed inappropriately, could have a negative impact on a legal or civil trial including:

- Unwanted media exposure - Loss of pertinent data and information - Express danger to either defense or prosecuting cases - Placing protected clients in danger - Costly court delays - Mistrials due to the poor management of information

A legal transcription or translation company handling sensitive material for any court case or document/audio-video recording for a legal issue can assure the security of that info by practicing HIPAA guidelines through every day business.

Not only does this pertain to keeping accurate and careful records but it involves the appropriate and secure storage of those records to prevent problems that arise due to loss and corruptions. HIPAA practices also include careful documentation and secure transfer of related material to only the parties that are involved - this means any data handled by the legal transcription and translation service is held in the strictest of confidence and the only individuals that have access to that material are those directly related to the legal documents or the staff assigned to transcribe and/or translate the material.

While there are no true regulatory committees or organizations that oversee the dissemination & handling of information within the legal transcription and translation industry, those companies that do hold themselves to these standards provide an unprecedented level of service that's vital to maintaining the integrity of legal material be it federal, local, civil or criminal.

TransDual Forensics accepts audio and video sources for transcription and translation. In addition, we offer somekeyword. We are experts in forensic pathology, criminal justice, and law enforcement so whatever your somekeyword needs, visit our website for more information.

Expert Witnesses Must understand the Meaning of 'Privilege' in the

Expert Witnesses Must understand the Meaning of 'Privilege' in the United States.

Generally, you should know the meaning of 'privilege' in the United States. Privilege protects conversations between attorneys and their clients. -Attorney-client privilege' exists in the law to foster open communication between clients and their attorneys. Because neither the attorney nor the client has to reveal the content of their discussions to the other side, they can both feel freer to have truthful discussions with each other. You, on the other hand, are not a client so what you say or write to your retaining attorney about a case does not have this protection under the law. The laws on privilege vary among the states, and at times may even vary between state and federal courts. When an attorney retains you, you should have a discussion about privilege. You have to understand privilege fully as it covers communications, both written and oral, between you and the attorney. You do not want to become a liability to your attorney or his client when an opposing attorney asks you about what you knew, know, or said. Attorneys may hire you as a specialist to help them in either civil or criminal cases; the rules of law differ. Ask the attorney retaining you to explain the laws involved and how your opinion and work will tie in to any on point law. Criminal cases often end in a jail term, while civil cases frequently end with a financial judgment. an expert witness serves the same role of objective expert in both styles of case. You have to analyze and describe facts in such a way that you help the lawyers to do their job and help the court to determine the final verdict. In contrast to an expert witness, a -lay witness' or -fact witness' is any individual who actually testifies and who has firsthand knowledge of events from directly seeing or hearing them. As the expert witness, you will look at material, interview individuals or reconstruct events, and then testify about what likely occurred. Your expertise, combined with careful and methodical work, qualifies you to present an opinion about an event that happened when you weren't even there. The court does not have to accept or believe what you say. You must convince the jurors or the judge of the believability of what you say because of your expertise and workmanship.

Department Administrator Interference in the Doctor-Patient Relationship

The CEO of the University of Tennessee Medical Center (UTMC) in Knoxville posted an open letter to the community in which he claims -we are totally committed to providing excellent patient-centered care and outstanding customer service to you-our patients-and your families. . . . But in this complex maze of medicine, we also want to provide a human touch-one filled with caring and compassion.- Recent events have occurred that prove the exact opposite is true.

I contacted a resident doctor at UT Medical Center and asked if he would be interested in becoming my primary care physician (PCP). My note briefly described my background in health outcomes research and two of my prescription drugs. He wrote back that he would be honored to be my PCP, and came across as professional, humble, and sincere. A new doctor-patient relationship was formed, and I contacted my existing doctor's office to arrange for my medical records to be transferred, which immediately informed that office that I must be dissatisfied and going to a new doctor. I also shared with the resident doctor confidential information from my medical records and a copy of one of my professional presentations at a health care conference.


The Director of the Residents Program in the UTMC Dept. of Medicine then contacted me concerning my registration as a new patient with the Internal Medicine Residents clinic. Initially, her message indicated -Most patients are approved to come in this clinic unless I think we will be a potential for drug abuse since this had been major problem in the past. I do not have the staff to manage a pain clinic.- I advised her that would be no problem, as I do not take pain medications, nor have I in the past.

The next day -after careful consideration,- the Director advised me that she would not allow me to see my new PCP at the clinic. -Our residents are not available every day of the week for clinic and are not even here when they do their ICU rotation. While I have confidence in the residents (sic) abilities it is not our protocol to allow prescribing of drugs for off label uses. Also, it is important for residents to develop their skills in disease/health management, including ordering and interpreting testing.-

Apparently the Director did not spend enough -careful consideration- to get her facts straight. I do not need to see my PCP daily or even monthly. My track record shows I saw my existing doctor once in a calendar year, and the prior doctor before him I saw once in a 15-month period. So the Director based her decision on her own ignorance of the facts.

She also misstated facts concerning off-label prescriptions for drugs by UT resident doctors. One of the drugs we are talking about is Clomiphene. Both a resident doctor and an attending faculty physician within the UTMC Dept. of Family Medicine advised me that they would be willing to write me (off-label) prescriptions for this drug, and the attending physician did indeed phone in a prescription for one of the drugs at my request. Similarly, the UTMC Dept. of Obstetrics and Gynecology (OB-GYN) advises me that their doctors, both resident and attending, have prescribed Clomiphene to patients. Therefore, residents in Family Medicine and OB-GYN (both primary care departments) can write prescriptions for Clomiphene, but -protocol- prevents residents in Internal Medicine (also primary care) from writing off-label prescriptions. What kind of a cockamamie rule is that? What, the residents in Internal Medicine are too dumb or too naive to understand off-label benefits of medicines?

Finally, I had planned for my resident PCP to order and interpret blood tests each time I visited him. The Director could have learned that fact if she had bothered to call or write me before jumping to conclusions and interfering in my doctor-patient relationship. I strongly reject the Director's paternalistic view of medicine in which she feels she has to protect resident doctors from patients who order or interpret their own blood tests. These resident doctors are young professionals who have completed their medical degrees; they don't need paternalistic oversight from a department administrator telling them who they can and cannot invite to be patients.

Apparently, an overwhelming number of patients who visit UT Health System doctors want to be told what to do and how to feel. I am the exact opposite; I take personal responsibility for and manage my own health, which is strongly advocated under health care reform. Having a more equal, collaborative relationship with my PCP works for me, and that seems to be the true reason for the Director's interference. Studies show that medical malpractice rates drop with a non-paternalistic model of health care services. That fact of reducing litigation risks is pushing more health care systems across the country to migrate to a non-paternalistic model.

I want to do my part to spur the UT Health System to adopt health care reforms and abandon these paternalistic, interfering practices. Accordingly, I am offering free legal assistance to anyone in east Tennessee who believes administrators within the UT Health System tortiously interfered in his or her doctor-patient relationship. You can find my law firm's website by searching for my name on the Internet.

The Dean of the Graduate School of Medicine and the CEO of UTMC were provided copies of this editorial and chose to take no action. If the CEO sincerely wanted to navigate the -maze of medicine- with a personal touch - -one filled with caring and compassion,- he would have told administrators in the UTMC Department of Medicine to back off from interfering with resident doctors' ability to form doctor-patient relationships. Instead UTMC appears to be an institution riddled with obsequious adherence to departmental rules over providing optimal health care for patients.

Michael A. S. Guth, Ph.D., J.D. Attorney at Law Oak Ridge, TN

LEGAL ANALYSIS

I. Formation of Doctor-Patient Relationship

The first question to address is whether, based on this fact pattern, a doctor-patient relationship was formed. When I gave the UTMC Internal Medicine resident doctor confidential information on two off-label drugs that I take, that act would be analogous to a prospective client approaching a lawyer with facts about his case to see if the lawyer will assist him. Contacting a lawyer this way does not create an attorney-client relationship. However, the lawyer is under an ethical duty to protect the confidentiality of the information shared by the prospective client. Similarly, the resident doctor was under an ethical duty to keep the information I shared with him confidential.

When a lawyer responds to a prospective client, -I agree to take your case,- or -I will be your lawyer,- or words to that effect, then an attorney-client relationship is created, and the protection afforded to the client's information rises to the level of constitutionally protected attorney-client privilege. In this case, when the resident doctor responded that he would be honored to be my PCP, we have offer and acceptance forming a contract. The offer-acceptance could be construed as my offering to be his patient, which he accepted, or his offer to be my PCP, which I accepted.

But offer and acceptance are only two of the three required elements to form a contract. The third essential element is exchange of consideration, expressed in Latin as the quid pro quo. In this case, there were several separate exchanges of consideration that complete the formation of a contract and thereby render it enforceable in a court of law. Consideration is defined as some act or some transfer of an item from one party to the other, for which the receiving party had no legal right to otherwise obtain that consideration. There is no requirement that the consideration have intrisinc value. For example, the transfer of a scrap piece of paper can constitute valid consideration that renders a contract binding and enforceable.

The initial disclosure of confidential information from my health history amounts to sufficient consideration. Second, the fact that both I and the doctor each began pursuing scheduling an appointment for me to see him is also consideration: neither of us had a prior legal right entitling us to that action by the other person. Third, when we continued to correspond after offer and acceptance, with additional information being shared back and forth, further consideration was exchanged. My sending the resident doctor a copy of one of my professional presentations was a fourth example of consideration. Finally, my request that my medical records be transferred to the resident doctor's clinic constituted an obvious legal detriment based on reliance rendering the contract enforceable.

See, e.g., Oliver v. Brock, 342 So. 2d 1, 3-4 (Ala. 1976) (quoting 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers 96 and stating, "'the voluntary acceptance of the physician-patient relationship by the affected parties creates a prima facie presumption of a contractual relationship between them. A physician may accept a patient and thereby incur the consequent duties although his services are performed gratuitously or at the solicitation and on the guaranty of a third person. . . .'"); Bovara v. St. Francis Hosp., 298 Ill. App. 3d 1025, 700 N.E.2d 143, 146, 233 Ill. Dec. 42 (Ill. App. Ct. 1998) (stating, "A consensual relationship can be found to exist where a physician contacts another physician on behalf of the patient or where a physician accepts a referral of a patient; the reasoning is that the consent of the patient to the service provided by the second physician is implied." (internal citations omitted)); Walters v. Rinker, 520 N.E.2d 468, 472 (Ind. Ct. App. 1988) (stating, "The important fact in determining whether the relationship is a consensual one, however, is not who contracted for the service but whether it was contracted for with the express or implied consent of the patient or for his benefit. . . . Where . . . healthcare services are rendered on behalf of the patient, and are done for the patient's benefit, a consensual physician-patient relationship exists for the purposes of medical malpractice."); Irvin v. Smith, 272 Kan. 112, 31 P.3d 934, 941 (Kan. 2001) ("A physician's indirect contact with a patient . . . does not preclude the finding of a physician-patient relationship. A physician-patient relationship may be found where a physician is contacted by someone on behalf of the patient. Indeed, an implied physician-patient relationship may be found where the physician gives advice to a patient by communicating the advice through another health care professional." (internal citations omitted)); Sterling v. Johns Hopkins Hosp., 145 Md. App. 161, 802 A.2d 440, 455 (Md. Ct. Spec. App. 2002), cert. denied 371 Md. 264, 808 A.2d 808 (Md. 2002) (stating, "In the final analysis, we take it as well-settled that a physician-patient relationship may arise by implication where the doctor takes affirmative action to participate in the care and treatment of a patient."); Oja v. Kin, 229 Mich. App. 184, 581 N.W.2d 739, 743 (Mich. Ct. App. 1998) (stating that "merely listening to another physician's description of a patient's problem and offering a professional opinion regarding the proper course of treatment is not enough" to create a physician-patient relationship, but a doctor who "receives a description of a patient's condition and then essentially directs the course of that patient's treatment, has consented to a physician-patient relationship."); Corbet v. McKinney, 980 S.W.2d 166, 169 (Mo. Ct. App. 1998) (stating, "The liability of a physician who is consulted on a case by a patient's treating or family physician generally depends on whether the physician undertakes to examine, diagnose, or treat the patient, or merely undertakes to advise the patient's treating physician as to general patient care. Thus, where the question is whether a physician-patient relationship has arisen between another doctor's patient and a physician consulted on the case, we look for these indicia of consent as well as other evidence of a consensual relation." (internal citation omitted)); Flynn v. Bausch, 238 Neb. 61, 469 N.W.2d 125, 128 (Neb. 1991) (stating, "While the relationship is often described as contractual in nature, based upon the express or implied consent of both physician and patient, we have held that absent fraud or misrepresentation, consent to medical treatment is presumed." (internal citations omitted)); Cogswell by Cogswell v. Chapman, 249 A.D.2d 865, 672 N.Y.S.2d 460, 462 (N.Y. App. Div. 1998) (stating, "a doctor-patient relationship can be established by a telephone call when such a call 'affirmatively advises a prospective patient as to a course of treatment' and it is foreseeable that the patient would rely on the advice." (internal citation omitted)); Lownsbury v. VanBuren, 94 Ohio St. 3d 231, 2002 Ohio 646, 762 N.E.2d 354, 360 (Ohio 2002) (stating, "The basic underlying concept in these cases is that a physician-patient relationship, and thus a duty of care, may arise from whatever circumstances evince the physician's consent to act for the patient's medical benefit."); St. John v. Pope, 901 S.W.2d 420, 424, 38 Tex. Sup. Ct. J. 723 (Tex. 1995) ("Creation of the physician-patient relationship does not require the formalities of a contract. The fact that a physician does not deal directly with a patient does not necessarily preclude the existence of a physician-patient relationship.").

As to the law in Tennessee, our state supreme court last spoke on this subject in 2004 when it summarized the few Tennessee cases discussing the subject, "the [physician-patient] relationship is generally characterized as a contractual one in which the patient knowingly and voluntarily seeks the professional assistance of the physician, and the physician knowingly agrees to treat the patient." Church, 39 S.W.3d at 164 (citing Jennings v. Case, 10 S.W.3d 625, 628 (Tenn. Ct. App. 1999) and Osborne, 425 S.W.2d at 771). The relationship may either be express or implied. Jennings, 10 S.W.3d at 628. A face-to-face meeting between the physician and patient is not required, and a physician-patient relationship therefore "may arise out of a consultation by the patient's primary physician with another physician when that consultation is for the treatment of the patient." Bass, 671 S.W.2d at 487. Kelley v. Middle Tenn. Emergency Physicians, P.C., 133 S.W.3d 587, 593 (Tenn. 2004)

If a lawsuit were filed for enforcement of this contract, I am confident that I would overcome any attempt to dismiss the lawsuit by UTMC's attorneys based on the absence of a contract. UTMC might attempt to argue that no contract could be formed, because the resident doctor is not licensed. According to the website somekeyword, a -resident physician is a graduate and licensed physician receiving training in a specialty, usually in a hospital.- The resident's licensing status would not prevent the formation of an enforceable contract, as we have in this fact pattern, for treatment in the supervised residents' clinic at UTMC.

A patient's subjective perception is not controlling in determining whether a doctor/patient relationship exists; objective factors must be considered. See State v. Pitchford, 10 Kan. App. 2d 293, 697 P.2d 896, 900 (Kan.App. 1985) (applying the physician-patient privilege under K.S.A. 60-427). The question does not turn upon whether there has been voluntary consultation, but whether the encounter is "for purposes of treatment." Downey v. United States, 2000 U.S. Dist. LEXIS 19049 (D. Kan. Dec. 26, 2000)

In court, we would pose a series of questions: 1) Is the resident a graduate of a medical school? Yes! 2) Was our conversation focused on health care treatment? Yes! 3) Does the resident see other patients (whether supervised or unsupervised) in the resident clinic? Yes! 4) Are the resident's services billed to the U.S. government and to private insurers as the services of a doctor (not a student or a doctor's aide)? Yes! 5) Did we both use the term PCP in describing our relationship? Yes. 6) Did the resident undertake to assist me in obtaining a medical appointment to see him? Yes! With these answers, any court of law is going to recognize if it looks like a duck, swims like a duck, and quacks like a duck, then it is a duck. Therefore, UTMC's argument on licensing will be viewed as a red herring and will fail. In a similar vein, courts have noted -it is axiomatic that a doctor-patient relationship may arise from, briefly exist, and be limited by the unique circumstances presented in a transfer situation.- Sterling v. Johns Hopkins Hosp., 145 Md. App. 161 (Md. Ct. Spec. App. 2002). It does not matter how long the doctor has been seeing patients or how brief the contact with any given patient, a doctor-patient relationship can be formed.

In our society, the doctor-patient dialogue embodies a unique relationship of trust. The specialized nature of medical science and the emotional distress often attendant to health-related decisions requires that patients place their complete confidence, and often their very lives, in the hands of medical professionals. One seeks a physician's aid not only for medication or diagnosis, but also for guidance, professional judgment, and vital emotional support. Accordingly, each of us attaches profound importance and authority to the words of advice spoken by the physician. It is for this reason that we have guarded so jealously the doctor-patient dialogue from governmental intrusion. Rust v. Sullivan, 500 U.S. 173, 218 (U.S. 1991), Blackmun, J., dissenting.

Various cases arising in disparate legal situations speak of a zone of privacy in the patient physician-relationship and adumbrate, however peripherally, an individual autonomy interest in making decisions affecting the person's health, such as what prescription drugs he chooses to take off-label. See, e.g., Whalen v. Roe, 429 U.S. at 600(suggesting a constitutional interest in independent decision-making in "matters vital to the care of . . . health"); Andrews v. Ballard, 498 F. Supp. 1038 (S.D. Tex. 1980)(patients' constitutional privacy interests infringed by statute limiting who may practice acupuncture); England v. Louisiana State Bd. of Medical Examiners, 259 F.2d 626, 627 (5th Cir. 1958) (with respect to due process challenge to state restrictions on chiropractors, "the state cannot deny to any individual the right to exercise a reasonable choice in the method of treatment of his ills"); see also Doe v. Bolton, 410 U.S. 179, 219, 35 L. Ed. 2d 201, 93 S. Ct. 739 (1973) (Douglas, J., concurring) (speaking of "the right to care for one's health and person and to seek out a physician of one's own choice" as encompassed by the right of privacy).

Any cause of action filed against UTMC for enforcement of this contract based on a facial challenge to the department's -protocol- and to the authority vested in the Director of the Resident Program as interference in the doctor-patient relationship would sound in privacy. To the extent I would object to denial of access, I would allege violations of both due process or "liberty" rights as well as the right to privacy. In this case, due process required that I should have been afforded a fair hearing to challenge the Director's decision --- something UTMC CEO and Dean failed miserably to secure for me.

Selection of a PCP and other medical decisions are "core" private decisions. A fundamental tenet of privacy jurisprudence, as it has been applied to other types of personal matters, is that the individual most directly concerned is entitled to make and implement the protected decision autonomously and free from paternalistic government intrusion. See, e.g., Zablocki v. Redhail, 434 U.S. 374, 54 L. Ed. 2d 618, 98 S. Ct. 673 (1978) (decision to marry); Moore v. East Cleveland, 431 U.S. 494, 52 L. Ed. 2d 531, 97 S. Ct. 1932 (1977) (decision to live with extended family members); Griswold v. Connecticut, 381 U.S. 479, 14 L. Ed. 2d 510, 85 S. Ct. 1678 (1965)(reproductive choice). I would argue that the constitutional right to privacy also protects autonomy in selecting a PCP among a wide choice of available doctors, selecting which medications I want prescribed, and choosing what lab tests I want to order myself to monitor my health.

In 2005, the Supreme Court of Arkansas provided the best statement in American jurisprudence on the elevated status of the doctor-patient relationship. The court noted the relationship of doctor-patient is unique. -The loss of this relationship, even temporarily, causes irreparable damage to the doctor and the patient. There is no adequate remedy at law because the loss is a loss of a one-time opportunity.- Baptist Health v. Murphy, 362 Ark. 506 (Ark. 2005)

The court noted that the hospital had violated the Arkansas Department of Health rules and regulations for hospitals by failing to enforce policies that protected the doctor's selection of patients and the patient's choice of a physician. -We interpret this to mean that an otherwise qualified doctor must be granted access to his patient for the purpose of treating his patient, if that is what both the doctor and the patient want. Or, stated another way, a hospital cannot deny the services of a physician of the patient's choice if the patient is already being seen by physicians at the hospital. Baptist Health v. Murphy, 362 Ark. 510-511 (Ark. 2005)

Following this persuasive precedent, my resident doctor is -an otherwise qualified doctor- who must be granted access to me -if that is what the doctor and the patient want.- UTMC cannot deny me services of a physician of my choice from UTMC staff physicians, because UTMC has already accepted me as a clinic patient and billed my health insurance multiple times through the University Family Physicians. The Dept. of Medicine can try to claim I have not been accepted into that department, but the Dept. is not a legal entity apart from UTMC. Consequently, a judge would impose an order on UTMC, and the Dept. of Medicine would do whatever it was told to do by the CEO of UTMC to comply with the court's order.

Based on reading Baptist Health, I will now forward a copy of this article to the Tennessee Department of Health to determine whether UTMC violated any Tennessee regulations requiring Tennessee-licensed medical centers to have policies or bylaws that respect the patient's right to select his own physician. If so, then UTMC is violating those regulations.

The Arkansas Supreme Court noted that while both sides may have valid points, preventing -fracture of the doctor-patient relationship is paramount, and, therefore, the equities and public policy weigh in favor of maintaining the doctor-patient relationships.- Baptist Health v. Murphy, 362 Ark. 510-511 (Ark. 2005) The UTMC administrators are so grossly ignorant of the paramount importance of the doctor-patient relationship that they obsequiously adhere to department rules and -protocols- and permit them to block and interfere with doctor-patient relationships.

II. Tennessee's Tortious Interference Statute

Tenn. Code Ann. 47-50-109 is captioned, -Procurement of breach of contracts unlawful - Damages- and reads as follows:

It is unlawful for any person, by inducement, persuasion, misrepresentation, or other means, to induce or procure the breach or violation, refusal or failure to perform any lawful contract by any party thereto; and, in every case where a breach or violation of such contract is so procured, the person so procuring or inducing the same shall be liable in treble the amount of damages resulting from or incident to the breach of the contract. The party injured by such breach may bring suit for the breach and for such damages.

The Director of the Resident Program in the UTMC Department of Medicine tortiously interfered in my doctor-patient relationship and prevented the resident doctor from performing his services under our contract. She therefore procured a breach of that contract. The Director will argue that she was merely performing her duties, but that is no excuse for interfering in an existing doctor-patient relationship.

Although Tennessee jurisprudence does not have a case on point, courts across the country have taken a dim view and expressed disapproval of employer interference in the doctor-patient relationship. For example, the U.S. Supreme Court stated, -The ethical objection has been that intervention by employer . . . makes a tripartite matter of the doctor-patient relation. Since the contract doctor owes his employment and looks for his pay to the employer . . . rather than to the patient, he serves two masters with conflicting interests.- United States v. Oregon State Medical Soc., 343 U.S. 326, 329 (U.S. 1952).

The U.S. Court of Appeals for the Seventh Circuit stated, -[w]e emphasize that this is not a case where an employer at all interfered with an employee's doctor-patient relationship- and implied that the court's outcome would have been the opposite result if the employer had been found to interfere in a doctor-patient relationship. Fulk v. Illinois Cent. R.R., 22 F.3d 120, 125 (7th Cir. Ill. 1994). Similarly, state and federal courts reviewing Texas law have recognized the existence of claims for the tortious interference with the doctor-patient relationship. See Gillum, 778 S.W.2d at 565 (citing prospective patient referrals among contractual relations arguably subject to interference); see also Davis v. West Community Hosp., 755 F.2d 455, 466 (5th Cir. 1985) In addition, the supreme court of Kentucky has stated there is nothing more harmful to a good doctor-patient relationship than languishing in an overcrowded waiting room of a doctor who must be seen only because [a patient's employer] is preventing him from seeing his preferred choice of a doctor. Bowman v. Perkins, 135 S.W.3d 399, 405 (Ky. 2004).

What to Bring to Your Initial Divorce Consultation

Going through a divorce affects one's life forever. Even when your divorce appears simple and drama free, many find the process to have long-term effects on finances, friendships, or social settings. Whether you are going through a grueling contested divorce, or you and your spouse have come to some agreement on issues and want to pursue an uncontested divorce, it would be prudent to consult with and hire a divorce attorney to handle the process.

When you first meet with a divorce lawyer, both you and the lawyer will be looking to find if there is a basis for a professional relationship. At the initial consultation, you and the divorce attorney will want to be comfortable with each other. Each of you will want to have a firm understanding of what to expect from the other. Most divorce lawyers offer a thirty or forty-five minute initial consultation for free, or maybe for a nominal fee. You should be prepared to discuss your goals and general topics of concern in your divorce. Your attorney should be able to answer your questions fully on the legal process, and be able to give you an assessment on how realistic your goals are.re.


Even if you do not hire the lawyer, information you discuss is nevertheless protected under the attorney-client privilege. It is highly unlikely that you will say anything that will shock them. Therefore, you should feel at ease about discussing personal information with them. Your attorney can only help you reach your goals if they know everything you do about your situation.

To make efficient use of your initial consultation, you should be prepared to discuss facts on several basic areas: financial matters, including debt and assets, income and expenses, child custody and support, and any existing court orders, pre-nuptial agreements, and separation agreements. You should bring with you relevant documents to discuss these matters with your divorce attorney.

First and foremost, you should have with you any paperwork on your current divorce. If you have been served with paperwork, bring those with you. You should also bring any separation agreements and pre-nuptial agreements for your attorney to review. If there have been any court orders issued concerning spousal support, child support, or child custody and visitation, have those ready for review.

While it is not necessary to bring detailed records of your financial status, you should have at the ready documents that give your attorney an overview. You should bring copies of the most recent years' tax returns (three years) and several recent paystubs for both you and your spouse. If you have other sources of income (e.g., rental income, business income, stock dividends), you should have documents to show an accurate report of those amounts. You should have a list of all of your regular payments, such as credit card payments, car loans, mortgages, student loans, as well as the balances on each account. At your initial consultation, it is not necessary to have statements for each account, but this will be important later in the process. In addition, you should note your ordinary household spending on things such as utilities, groceries, car maintenance, and education for minor children.

Finally, you should be prepared with documents regarding marital assets. The largest asset at the center of most divorces is the marital home. You should have documentation showing the current value of the house as well as the existing mortgage balance. Also, have documentation showing the current balances of asset accounts like savings accounts, retirement accounts, and life insurance.

After reviewing these documents with a divorce attorney, you should be knowledgeable on what to expect on division of assets, spousal support payments, and the custody and visitation of minor children. Divorces can quickly become complex in details and no attorney can anticipate every issue, but your initial consultation should answer most of your questions, and the attorney should be able to give you a general assessment on what you may expect.

somekeyword
somekeyword

The Importance of Client Confidentiality

Client confidentiality is the foundation of the attorney client relationship. It is essential for the effective representation of the client. All attorneys are held to a very strict standard to maintain the confidential information of their clients.

Attorney Client Privilege


Attorney-client privilege and confidentiality are often mistaken as being one in the same; however, they are in fact different. While the attorney-client privilege protects communications between a client and his or her attorney from disclosure before a court, confidentiality protects a client from any information a client chooses to share with his or her attorney.

Policy

Why is confidentiality such an integral aspect of legal representation? The answer is trust-to effectively represent a client, an attorney needs the client's complete trust. Think of it this way, we are all more willing to share information that may be embarrassing or difficult to talk about with someone that we know we can trust. This is why attorneys are held to a high standard of protecting a client's confidential information.

Confidences and Secrets

With respect to client confidentiality, the definition of a secret is anything either the client has requested to be held in confidence or anything that, if told, would be detrimental to the client. Confidential information is any information related to the representation of the client. Furthermore confidential client information can only come from the client, whereas a client's secrets can come from any source.

Informed Consent

Only the client can give permission for his/her confidential information to be released. A client may give permission by -informed consent-. Informed consent requires the client to be made aware of the drawbacks and consequences of allowing their information to be made public. The client may also give a waiver in advance but must be fully informed of how and for what purpose the disclosures will be made.

The Tax Lady somekeyword and her law firm Roni Deutch, A Professional Tax Corporation have been helping taxpayers across the nation find IRS tax relief for over seventeen years. The firm has experienced tax lawyers who can fight somekeyword on your behalf.

Tax Returns That Should Never Be Filed By Your Accountant

Tax Returns That Should Never Be Filed By Your Accountant

You've been feeling uneasy (perhaps even guilty) because you've failed to report your under the table business income. Perhaps you've never filed a tax return, even though you know you owe money. Finally, you contact an accountant to resolve the situation.

Although it is commendable that you are trying to correct matters, hiring an accountant to do these delinquent returns could be a big mistake. The reason why is because tax evasion is a criminal offence or felony. You might also be subject to civil action.


Would you hire an accountant to defend you in a criminal proceeding? Not likely. You would be wise to hire a qualified attorney.

First of all, lawyers have something called solicitor-client privilege (also known as attorney-client privilege or legal advice privilege). This basically means that things you tell your lawyer when seeking legal advice are confidential and can't be used against you. Even written records can be covered by this privilege.

On the other hand, your accountant can be compelled to testify against you and all records in his possession can be demanded by the authorities.

Second, your lawyer can prepare a legally binding agreement that can protect you. In return for your coming clean, the tax authorities may agree not to charge you criminally and, in some cases, even reduce penalties or tax liability.

If your accountant tried to do the same thing, they could demand all information about you. Your accountant would not be protected by solicitor-client privilege.

If, say, your accountant filed your tax return from ten years ago on your behalf, the tax authorities could still charge you with tax evasion, despite the fact that you are obviously trying to rectify matters (albeit a bit late).

It is even possible that your accountant could get into trouble for failing to report your delinquency. On the other hand, your lawyer can't be compelled to testify against you, being protected by solicitor-client privilege. Your lawyer may also have his own in-house accountant in order to protect you.

Your lawyer (specializing in criminal and tax law) will likely negotiate an agreement with the tax authorities before filing any tax returns.

Therefore, if there is a good chance you could be charged criminally for your failure to file tax returns or properly report income or expenses, don't see your accountant. Instead, consult a lawyer specializing in such matters before you file or amend any returns.

Want to find out about somekeyword and somekeyword? Get tips from the somekeyword website.

Specificity scores over length when it comes to hospice documentation

Specificity scores over length when it comes to hospice documentation

Worried about how physicians should write their attestations of hospice patients terminal illness? Hospices don't get much guidance from a recent CMS Q&A on the matter.

When you check out the new CMS requirement that took effect on October 1 last year, you'll find out that they have not mandated that specific language be included in the physician's attestation. n.


CMS lays down that any language under the physician's signature which attests that by signing, the physician confirms that she composed the narrative based on her review of the patient's medical record or, if applicable, her examination of the patient meets the attestation regulatory requirement.

The physician narrative is not tricky, but it can be hard to get physician paperwork. As such, you need to have a system in place where you track down the doctor to get the dated and signed certification paper work before you bill.

In fact, some somekeyword send clerks to wait in the doctor's office and actually find that it saves money in the long run. Instead, if you are caught up in a fraud edit, you would need to pull records, make copies and scans, pay for an attorney, and conduct an appeals process. All this can add up to great expenditure.

Performing internal somekeyword, with the help of a qualified attorney can be cheaper in the long run. Anything found would be covered under attorney client privilege and you can fix what you found before it lands you in trouble with the government.

The narrative can be short, but by simply stating -based on the patient's diagnosis, I certify that this patient has a prognosis of six months or less' will do the trick for you.

Surveyors can cite failure to have this documentation on file. If you miss a record, it can bring unwanted attention. The narrative must be specific and unique to the patient and should not contain check boxes or boilerplate text.

Provides free weekly newswire of somekeyword and offers learning opportunity about somekeyword and CMS that keeps connected to the latest developments in health-oriented services.

Lawyer FAQ

Can anyone help me?
When my ex beat me in another state (years), and brought to court, I was given a court-appointed attorney. It 'was a measure, but for some reason is no longer valid after a while'. Now I live in Florida, is from another state, and they were saying.
Can someone get me a lawyer present?
We say that a suspect is questioned by the police and who use their "right to"Quiet and ask for a lawyer to be present. If a lawyer is present, they are forced to speak now for the police (because they have a lawyer) or can.
The President may be held responsible, or are in a bill? King. Circuit 4rth?
The President has ordered a man held, detained and denied access to anything outside indefinitely. I do not want to be held in military custody, without access to a lawyer. Did you? No one should be above the law. Mr. Lopezwould tell us otherwise. He.
You can call the police and press charges on legal malpractice costs?
Let me know if you do the police and a report on malpractice lawyer in his case, the refusal to put your money in a trust fund account after your request and Dateline to call things so much, but this is the important thing.
A legal adviser is working for a company to be a lawyer or attorney?
"Consultation" is theWord definition. A person can not order a certified lawyer to help you prepare legal documents for someone else, but can not tell a person or a company, as the first of a lawsuit. Only one person.
has a capacity of attoney end with the death of the person. able to predict a given person of power, plus 2 weeks of death?
Power of Attorney (PoA) can only be granted power to act in place of the person running (signature) of the Programme of Action. The person to whom the POAspecified, to the point of the foot.
anyone knows of any copyright or patent law?
I try to create and sell a newspaper article and I wonder what I can do to another to steal my idea and / or come up with another version of his own to sell, if I were you I would be a copyright lawyer maintain the speed. Although the law, any original work that is.
Does anyone know if a lawyer from the state of WV can the law condemns the practice of 2Graduate?
I have a very good friend of mine who is a lawyer in the state of WV. He charges second degree Manslaugter were condemned by an unfortunate accident during the trip. My question is, can still practice.
Does anyone know a website where you can talk to a lawyer and get legal advice free?
I need one of civil, I just wanted to get a bit 'of information before going out and hired a lawyer. Thanks! Most lawyers will charge a 30 minutes freeThe consultation to see if you have a case. Om.
Does anyone know of an attorney in Monroe, MI, that family allowances / parenting topics?
I am in desperate need of a lawyer who can help with the problems of children and parents in Monroe MI. Maybe you're ready, Pro Bono, or maybe to protect my good-hearted daughters and their rights. The lawyers only.
It is the existence of in-car driving, if you are drunk, have no legal protectionIf you are caught a second time?
Not at all. - NO. But it is better to be a lawyer. - STILL No, it's strictly the law of driving under the influence of alcohol. if you were drunk while taking the test, is a draw.
I can at a Los Angeles lawyer for the legal time PL shows a Default as quickly as possible?
I am a Pro PL on a malpractice lawyer. I have to prepare the standard Prove-Up as soon as possible. The standard has already been submitted againstLawyer / defendant. I need an intervention of a lawyer competenent and compassionate who can help me.
Child Support Jacksonville, Florida. Who do I contact have been removed for one of my children aged 20 years. HELP?
automatic deduction from his salary each week. Have the court that the measure has come to present a petition to end it. Call a lawyer. - I'm assuming your original court order said that if child support should end. If it still is.
Child SupportQuestion?
How to go about a child support, go to edit? Assuming that one has had since a child with new wife are reasons for these changes? We're going to hire a lawyer the court? Let's say you live in a country other than the custodial parent? It can be done by e-mail? Thank you.
Corporate Lawyers! Information?
How they do it? How long do they work? How difficult is it to find a job? It 'really fun? Thank you forAnswers! It 'very hard work and rather boring in my opinion. However, they can easily over $ 500,000 / year. My lawyer friends are working about 11-12 business hours 5
Court tomorrow?
If I go in and ask for a lawyer, I have to answer questions? Or is it just when I'm with my lawyer? And if I'm not what you say when they ask lol? It really depends on the nature of things. If this were a criminal, andThem.
POA and solve work with a lawyer in AZ. I would like to proceed?
My father is in his 70s and has been with the same lawyer for his disability and workers comp in the last 20 years. A contract was signed granting power of attorney for my father. I'm just curious, b
I have a chance or not?
Ok, I wanted to ask this before you go to a lawyer with this disturbing. Let me know if you thinka case or not. From 1998-2001 I worked for a company that just took place here in central Iowa. Everything was great at first, then to the last.
I need a lawyer?
I lived with my ex-boyfriends, went to a rental of furniture. He put me down as a spouse. We broke up.Since then it is now very behind on payments. I have no contact w / him. Rental office to say, have given the case of a lawyer w / my information too. I signed nothing. I was not there whenmine.
I need a lawyer for the crime committed on my 15-year-old son?
He broke a window, and sooooooo many ppl tell me that I should give him a lawyer, so do not get screwed over the judicial system. Does anyone have any suggestions or even in this situation? YES YES YES to make him a lawyer. They do.
They work for legal aid lawyers of the State?
And if so, if you are using a legal aid lawyer to help you appeal the disability policy, which required - would actually beon your side or the States? Legal assistance is not working for the State. However, if the public defender. Public defenders are waiting to be contradictory.
It is said that attorneys handle federal crimes? Part 2?
So the answer to my question 2 for no, that federal prosecutors and make a federal crime for 'an example to you "feel .. I am clear on this. If all crimes in the provinces under consideration by the Fed , then how can a prosecutor tried the case? details.Theft / 500 Scheme.
It is said that lawyers generally handle federal crimes?
Ok, so just keep .. If someone with a charge of crime a federal crime, but not a particular state is a crime, a prosecutor usually to assume the office of the prosecutor? The crime is theft to speak / local $ 500 . and MD is the state in which the SA is trying to achieve. Thank you.
You must be signed by a judge summons bank records?
I'm going to court,and I learned that my bank records were subpoenaed found. You must be signed by a judge summons bank records? If you can be sued or accused of a crime the lawyer for the other side (or prosecutor) has issued a.
Do you know some interesting facts about lawyers?
I just need to know for a school project. Please and thank you! Discharged as a defender made, who the pedophiles, drunk drivers, rapists, murderers, etc., etc., etc.usually have a good career in politics. - If you see a hundred parachute, they call it skeet.
You know Paris Hilton was ordered back to court on Friday at 9:00 watch from the judge who sentenced them?
prison? And we ask that the city prosecutor, if the sheriff is in contempt of court for the release of her this morning? The plot thickens, and you might ask, who got filthy lucre under the table. It is.
Counts anyone on verbageLetterhead of a treatment (Attorney / Client).?
I have an e-mail to discuss the details of my case and they are afraid to send a mole / hacker in my system. Thanks in advance. DO NOT EMAIL your lawyer - if something is protected by attorney-client privilege, are protected from discovery during litigation. If.
Does anyone know a lawyer deals with water rights in Illinois? Thanks to Bud?
Water rights are often treated withCompanies that specialize in environmental law. Try: www.illinoislawyerfinder.com. In the 'one click', try to "environmental law", then select the circle as you want. I know that the environmental law in New Mexico (and specializes in water rights), but.
Does anyone know what the word "expungement"?
has something to do with the law, it is a process for obtaining a criminal conviction removed, which erased the criminal record. It 'a long process andinclude an ever hire a lawyer and dealing with the States Attorney General, in most cases. - This is right.
Does anyone know what this movement to replace the advice?
What is means is, a lawyer must request a hearing to judge when someone steps on him during an audience who can not attend may mean. There is nothing to delete a lawyer and a new one. L '.
Louisiana has three strikes law?

My Links : somekeyword somekeyword somekeyword /p>


Content from: somekeyword

Honesty and Your Divorce Attorney

Clients seeking a divorce from their spouse are frequently reluctant to share personal details of their lives with their family law attorney. Sometimes clients are embarrassed to admit to infidelity in their relationship. Sometimes clients do not want to discuss the financial details of their lives because they are used to being very private about their lives. Sometimes clients are so angry or upset that they do not have to emotional capacity to discuss their issues. >


Reluctance of clientsto discuss personal issues is understandable. But while you might not want to share the personal details about your relationship, it is key that you do because the more facts your family law attorney has, the better he or she can protect your rights.

Sharing the intimate details of a relationship may not be easy, but it can be important, even in jurisdictions where divorce is no-fault. The family law attorney needs to know what issues might be emotional for your soon-to-be ex-spouse to know they best strategy for your case. If both spouses are very private or have significant assets, it might make more sense to go to mediation, where proceedings are not public, as they are in traditional divorce litigation.

Also, your family law attorney will want to know if your spouse lied about a key fact before you got married. An annulment can be preferable to divorce proceedings. If one spouse lied about something key to the relationship, such as sexual orientation, mental competence or ability to have children, you should tell your family law attorney immediately. It's important to tell your family law attorney if something personal like this took place.

Clients need to know that they have attorney-client privilege. Nothing you share with your family law attorney will be shared outside of that attorney's office without his or her permission. This means that your family law attorney's office is a space that is safe to share these types of intimate details.

Financial details are also important to organize and share with your family law attorney. You should organize important financial details, such as retirement savings, paycheck stubs, investments and mortgage documents. The most contentious issue in divorce proceedings is typically the financial portion of the proceedings. Be sure to come to your family law attorney's office prepared to discuss your finances and to be honest about the money involved between you and your spouse.

Be sure to be honest with your family law attorney about your financial situation and personal details, as well as the events that took place prior to you deciding to seek a divorce. Divorce is a difficult emotional and financial issue, but being truthful with your family law attorney is the key to make sure your rights are protected. It is only in your best interest to be a truthful as possible with your family law attorney or visit at somekeyword.

Hiring a Tyler Car Accident Attorney Common Questions

In 2007, there were more than six million motor vehicle crashes in the US. Nearly 30% of these crashes resulted in injury and a few (less than 1%) resulted in death. The total number of fatal crashes in 2009 in the various US states stood at 30,797. A worrying matter that arises from these numbers is the resultant emotional, physical and financial turmoil from these accidents and how victims handle them. In such cases, the best source of help is a reputed Tyler car accident attorney or Tyler personal injury lawyer. .

Tyler Car Accident Attorney: Common Questions


Here are the common queries related to hiring a Tyler personal injury lawyer:

1. Attorney's fees: Most lawyers collect their fees only when they settle your car accident case successfully. That is, fees are normally collected from the settlement or verdict at the end of the case.

2. The process of hiring an attorney: You should hire a Tyler car accident attorney soon after the accident. During the initial meeting, the lawyer will ask you about the accident details, names of witnesses, your doctors, and all your injuries. Then, they may visit the accident site to know how exactly the accident took place. You can also show pictures of the accident scene, your damaged vehicle, and all injuries to further prove your point. If the lawyer is ready to accept your case, he will sign a contingent fee personal injury agreement with you. Then, you will have to provide all details related to the case, including the witnesses, your treating physicians and treatment facilities.

3. Confidentiality: Texas law recognizes attorney-client privilege; this means your Tyler personal injury lawyer cannot disclose any confidential information that you may not want him to reveal to others. However, there is some exception to this privilege.

4. Costs incurred: A Tyler car accident attorney will often advance the out-of-pocket expenses incurred in settling your case. For instance, medical providers usually charge a small fee for providing copies of your medical records, or providing your comprehensive medical reports (treatment course and injury prognosis). A doctor who testifies at the trial of your case will also charge a big amount for his attendance.

If you are looking for a reputable law firm that can handle your car accident case professional, contact Regis Mullen & Shane Mullen Inc. A renowned law firm specializing in personal injury cases, the best somekeyword can be contacted at Mullenandmullen.com.

Criminal Procedure And The Justice System

When someone has been accused of a crime, this sets in motion a series of legal processes with both sides arguing their case. The various types of cases range from a misdemeanor all the way up to a felony. The possible punishment for the defendant will depend on his plea, a prior record and the severity of the crime he is being accused of.

The somekeyword in a criminal case represents the people or citizens of the jurisdiction in which the crime was committed. It is his or her job to prove the guilt of the accused by using evidence and legal argument. The defendant is represented by a defense attorney, either assigned by the court if he cannot afford one on his own, or by an attorney he has hired. The defense attorney must represent his client to the best of his ability and he must always act in his client's best interest. He will often advise his client of the best action to take based on the merits of the case and the evidence being presented against him. Any discussions between the defendant and his attorney are considered -attorney client privilege- and cannot be shared with anyone other than the parties involved.


The trial and prosecutorial process is known as a criminal procedure. This is overseen by a judge to insure that both sides are staying within the boundaries of the law and that the trial is carried out in a fair and impartial manner. Most criminal trials are a jury trial, where the verdict is determined by 12 of the defendant's peers. During the jury selection process, both the defense attorney and prosecutor must agree on those selected to serve on the jury. Once selected, the members of the jury are not permitted to discuss the details of the case outside of the deliberation room and may not discuss it with family members and friends.

Some defendants opt for a somekeyword. A bench trial is allowed if the accused waives their right to a jury trial and the court agrees. In a bench trial, the judge makes the final decision as to the guilt or innocence of the defendant and the verdict is treated the same as if the case were tried with a jury. These processes are in place to insure that when a citizen is being accused of a crime, that he has the proper legal counsel and is treated in a fair manner. There are also rules in place governing the conduct of both the judge and prosecutor. Although the legal system does have some flaws, it ultimately is designed to provide justice which protects those wrongfully accused as well as those found guilty. MayaQA is the largest repository of factual questions and answers on the Web. This site features an ever-growing (1 million+) answers to common questions in multiple languages. Questions are neatly categorized by field of interest. MayaQA offers the most targeted contextual advertising platform money can buy, with 90%+ of all traffic derived from organic search engine queries. For more information and details please visit somekeyword

Offshore Corproate Agent Scams

Offshore Service Provider Scams - We are writing this to warn people about deceptive marketing and advertising practices common in our industry. There are people who are not attorneys taking advantage of those not familiar with the offshore industry. We believe after reading this page you will be much more educated about making an informed decision as to how to proceed with your offshore asset protection structure.

Offshore Service Provider Deceptive Pricing - This is an old take off on "hook them in with a low price". The auto dealers used to do this many years ago. They would advertise a car that they ordered from the factory without a radio, without air conditioning, without power steering, without power windows and without an automatic transmission. The factory would reduce the price of the car because all these options were deleted from the base model car, in other words they deleted the standard equipment to get the car at a reduced cost. Then the car dealer would advertise this car in the newspaper at a low price and when the people came in to see the car of course they would not buy it, it was not really a complete car. Most of the people would not be able to even turn the steering wheel without power steering. They would sometimes leave the store angry and others would wind up buying a -real- car at much higher prices which is what the dealer wanted.


This is exactly what is going on with many of the sellers of corporations and foundations. The corporate agents advertise a price and leave many of the required features out of the price structure for the corporation or foundation. If you add in all the things you need to make the asset protection structure anonymous and functional, the price is no longer a discount at all. Would you want to trust someone with your asset protection structure who does this to sell you something? I wouldn't! Going to a non-lawyer corporate agent for your asset protection structure to save a few dollars is penny wise and pound foolish.

Panama Corporation Deceptive Pricing Scams - Before we begin you should know that only a Panama Attorney can form a Corporation in Panama. This means a non-attorney reseller is buying your asset protection structure from an attorney who never meets with or communicates with his or her actual clients. Does that make you feel warm and mushy inside when you are thinking about your asset protection structure?

If you are forming a Panama corporation you want all the corporate documents including a translation in English, a resolution from the board of directors to open a bank account because without this no Panama bank will open up a bank account for your corporation, a general power of attorney, stock certificates, minutes and most importantly three nominee directors. Without the three nominee directors the corporation will not be anonymous and that sort of defeats the value of the Panama Corporation. The Panama annual fee for the corporation is currently $300 and is included in all of our fees start-up and ongoing annual fees starting in year two. Some sellers love to leave this fee out and treat it as an add-on when it is mandatory. Go to our prices page to see a breakdown of what should be included in fees.

Offshore Corporation Deceptive Practices - Many offshore corporation sellers offer bearer share corporations from different jurisdictions. Panama bearer shares do not have to be kept anywhere in the world and the share certificates themselves can be made out in blank. The person owning the share certificates controls the corporation. In most of the other bearer share issuing jurisdictions the bearer shares need to be kept with the corporate agent in the country of formation and must have the names of the owners on them. This sort of defeats the purpose of bearer shares and of course ruins the anonymity. In Panama the owner of the bearer share corporation never has their name appear anywhere, not in any public registry, not in any database and the government of Panama does not even know who the owners are of a bearer share corporation or a foundation. There is no requirement to report the transfer of the shares to any other entity in Panama. Panama still does it the old way and has not sold out with tax treaties to keep their tourism business going. Panama has precious little tourism and most of what it has is from other Central and South American countries.

Panama Foundation Pricing Scams - Once again only a Panama attorney can form a Panama Foundation so if you are dealing with a non-lawyer corporate agent you are never meeting or communicating with the attorney who did your foundation. This is not a good thing. The Panama foundation to be anonymous needs to have three nominee council members and these are often omitted. This is like leaving the power steering off the car. Foundation council members like corporate directors do appear in the public registry and you do not want friends, associates, relatives etc. appearing in the public registry of your corporation or foundation. The annual fee for the Panama foundation paid to the government is $300. We include this fee in all of our prices start-up and subsequent year annual fees starting in year two. We also include a resolution signed by the nominee council members to open a Panama bank account. You also have a chance to communicate by email, phone or in person with one of our attorneys to create a letter of wishes. This is a secret document that details how your foundation assets are to be dealt with in the event you are incapacitated temporarily or permanently, and what happens with your foundation assets in the event of your death. Things like the simultaneous death of you and your next heir will be covered which could occur with an airplane or auto crash. We also create a Foundation Protector document if you wish to use a protector which is popular. You have direct communication with an attorney that is assigned to handle your asset protection structure that you can call and ask -Your Asset Protection Attorney- questions. We rest our case.

Panama Bank Account Scams - Many non-attorney corporate agents sell a Panama corporation which they buy from a Panama lawyer and include a bank account. They use terms like offshore bank account, private bank account, secure bank account etc. They do not say Panama Bank Account because they most likely can not get you a Panama Bank Account. They prefer to send you to some other jurisdiction where anyone can get a bank account.

What they are really doing is helping you fill out the bank forms and send them in to some less than desirable jurisdiction. Usually the jurisdiction will be in numerous tax treaties and other privacy invading treaties. The banks will often have total assets of under $25,000,000. Their bank secrecy laws will be weak at best. They are using jurisdictions that used to be secure but have compromised their corporate and bank privacy in recent years and as a result of that are desperate for depositors and will deal with almost anyone including a non-lawyer corporate agent.

Panama banks need to conduct due diligence on their clients which is similar to the due diligence a lawyer is required to conduct. When we as a licensed law firm introduce a client to a Panama bank the bank is comfortable knowing that we already did our due diligence and are thus vouching for the client in this way. The lawyer in our firm representing you physically goes to the Panama bank with your file and gets the account opening started. We do the follow up until your account is open. As your law firm we can always intervene on your behalf with the bank. A corporate agent and a law firm are far from the same thing to a Panama bank.

Another issue is the Panama bank runs a credit check in Panama on the nominee corporate directors or the nominee foundation council members. Our nominees clear the credit checks just fine. Other entities may use nominees that for various reasons will not clear the bank credit check. We provide your corporation or foundation with a Panama bank account that has online banking including the ability to send international wire transfers and also has a secured Visa card or Visa debit card that will work online, in person and in ATM machines around the world.

Panama Stock Broker Scams - When we open up a stock brokerage account for a client it is with a Panama Stock Broker or a major European stock broker done anonymously. Many of these corporate agents say they will get you an offshore stock broker but do not say where. Be careful it can be in some unreliable jurisdiction where the privacy has long since been eroded by numerous tax treaties and other agreements with numerous countries. Panama Stock Brokers like dealing with a Panama Attorney for the same reasons as the banks.

Attorney Client Privilege - It is always best to have a licensed attorney do your asset protection structure. This way all of your communications are covered by attorney client privilege, which in Panama is very strong. If you are dealing with a corporate agent who is not an attorney there is no attorney client privilege even if the corporate agent bought the corporation or foundation from an attorney. The corporate reseller still knows who you are, has your identity documents, references, knows where you are banking etc and he can be subpoenaed to produce this information and he has no attorney client privilege to protect you.

Licensed Corporate Agents who have some protections under law in some countries (there are no such entities in Panama) are still a weak link in your asset protection structure. If some one want to get into your structure they can hire a local attorney to file a court case with some trumped up frivolous reasons to get your records and the corporate agent would have to spend thousands of dollars to go hire a lawyer to fight back and keep your records private. The chances of him doing so are slim and none. He might suggest you hire an attorney to fight back and suggest an attorney and you can only guess as to whether or not the bill will be through the roof because you are between a rock and a hard place.

A real law firm will on the web site state that they are a law firm or an attorney and have the name of at least one of the attorneys on the web site. Do not be deceived by official looking websites offering services from many different jurisdictions that are not attorneys. Generally this type of person is a nobody just an internet marketing company that buys the structures from the one selling them to him at the cheapest price. Be careful who you trust your asset protection structure to. Many people know how to make money but few know how to keep their money safe.

somekeyword