|
|
 |
 |
 |
|
After recently signing up as a member of the Online Bar Association, I attended a dinner hosted by that group. Without a clear idea of the Association's purpose, I nevertheless joined because I have an online presence and I handle matters outside of my local geographic area - South Florida. When the discussion at dinner focused upon the conduct of a "virtual law practice," I learned to my surprise that in many respects that I already was conducting a virtual law practice.
That realization proved to be very liberating and empowering. I say that because when you look at the practice of law historically, it has always been geographically limited both from a practical as well as a regulatory standpoint on a jurisdiction by jurisdiction basis. Such tacit limitations have led most lawyers to limit their vision, marketing efforts and educational pursuits to just their local jurisdiction. The power of the internet has pulled myself and other lawyers into representing clients outside of our local jurisdiction simply because such clients can find us on the internet, have a need that we are uniquely able to fulfill, and seek our help. Without perhaps seeking to do so, the path clients have beaten to my doorstep have led me into litigating in other states, representing foreign clients and providing legal advice to clients hither and yon, in many cases never meeting such clients in person, dealing with them mostly through my staff and relying upon technology to communicate, update, advise, bill, accept payments and deliver legal services.
Taking off my "Florida lawyer" hat and putting on my "Virtual lawyer" hat significantly widened my thinking about where I can and should be marketing my services as well as with whom I should be co-counseling matters. When you understand that the internet is like a massive global brain and each website adds specialized information and knowledge to that brain, you realize that lawyers who have specialized knowledge and information who make that knowledge available on the internet have the ability to attract clients from any jurisdiction that are actively searching for solutions to their specialized problems. Well what about when you know some important information that others are not aware of? For example, there have been US manufactured drugs that have caused strokes. While these stroke cases might have been advertised in the US, is the average potential client in South America aware of the linkage? Add to the equation, the fact that few foreign jurisdictions even have the product liability laws that exist in the US, and I quickly realized that the global market for virtual legal services is both ripe and ready for exploitation by visionary attorneys who are willing to look beyond their local jurisdictions and who have the flexibility, technological capacity and drive to educate those clients who have problems which may be resolved by a legal solution of which that they may not be aware.
So therefore it is with this new self-awareness that I am embarking upon the international practice of "virtual law" recognizing that my firm has the litigation/arbitration experience, procedural knowledge, technological capability, staffing flexibility and internet presence to actively compete in the global marketplace. In that regard, our low overhead, flexible case staffing, and ability and willingness to sub-out certain paralegal-type activities while retaining control over the delivered attorney work-product, puts us in a position to deliver quality legal services for costs that hitherto have been unmatched by comparable firms.
|
|
 |
 |
 |
|
|
|
|
After recently signing up as a member of the Online Bar Association, I attended a dinner hosted by that group. Without a clear idea of the Association's purpose, I nevertheless joined because I have an online presence and I handle matters outside of my local geographic area - South Florida. When the discussion at dinner focused upon the conduct of a "virtual law practice," I learned to my surprise that in many respects that I already was conducting a virtual law practice.
That realization proved to be very liberating and empowering. I say that because when you look at the practice of law historically, it has always been geographically limited both from a practical as well as a regulatory standpoint on a jurisdiction by jurisdiction basis. Such tacit limitations have led most lawyers to limit their vision, marketing efforts and educational pursuits to just their local jurisdiction. The power of the internet has pulled myself and other lawyers into representing clients outside of our local jurisdiction simply because such clients can find us on the internet, have a need that we are uniquely able to fulfill, and seek our help. Without perhaps seeking to do so, the path clients have beaten to my doorstep have led me into litigating in other states, representing foreign clients and providing legal advice to clients hither and yon, in many cases never meeting such clients in person, dealing with them mostly through my staff and relying upon technology to communicate, update, advise, bill, accept payments and deliver legal services.
Taking off my "Florida lawyer" hat and putting on my "Virtual lawyer" hat significantly widened my thinking about where I can and should be marketing my services as well as with whom I should be co-counseling matters. When you understand that the internet is like a massive global brain and each website adds specialized information and knowledge to that brain, you realize that lawyers who have specialized knowledge and information who make that knowledge available on the internet have the ability to attract clients from any jurisdiction that are actively searching for solutions to their specialized problems. Well what about when you know some important information that others are not aware of? For example, there have been US manufactured drugs that have caused strokes. While these stroke cases might have been advertised in the US, is the average potential client in South America aware of the linkage? Add to the equation, the fact that few foreign jurisdictions even have the product liability laws that exist in the US, and I quickly realized that the global market for virtual legal services is both ripe and ready for exploitation by visionary attorneys who are willing to look beyond their local jurisdictions and who have the flexibility, technological capacity and drive to educate those clients who have problems which may be resolved by a legal solution of which that they may not be aware.
So therefore it is with this new self-awareness that I am embarking upon the international practice of "virtual law" recognizing that my firm has the litigation/arbitration experience, procedural knowledge, technological capability, staffing flexibility and internet presence to actively compete in the global marketplace. In that regard, our low overhead, flexible case staffing, and ability and willingness to sub-out certain paralegal-type activities while retaining control over the delivered attorney work-product, puts us in a position to deliver quality legal services for costs that hitherto have been unmatched by comparable firms.
|
|
|
|
|
|
|
|
|
I attended the 341 meeting of creditors in the bankruptcy case of Perpetua Burr Oak Holdings of Illinois, LLC and related companies (Perpetua Burr Oak Holdings of Illinois, LLC, Perpetua Holdings of Illinois, Inc., and Perpetua, Inc.) on Thursday, October 22, 2009. A 341 meeting of creditors is the first opportunity for the US Trustee and creditors to question the debtor. In this case, there was a substantial turn-out of creditors so much so that the largest courtroom needed to be requisitioned for use because the meeting room could not accommodate all of the creditors. The individuals appearing on behalf of the debtor were Brian Shaw, Perpetua's legal counsel, Randy Sanderson, Perpetua's CFO and Howard Korenthal, Perpetua restructuring officer.
Perpetua's Lawyer Makes Opening Statement
The meeting commenced with an opening statement made by debtor's legal counsel, Brian Shaw. The statement made by Perpetua's lawyer can be summarized as follows:
1. There are actually three (3) debtor corporations - Perpetua Burr Oak Holdings of Illinois, LLC (Burr Oak Cemetery), Perpetua Holdings of Illinois, Inc. (Cedar Park Cemetery), Perpetua, Inc. (Owns the common stock of the above 2 entities).
2. Counsel indicated at the outset that he would not discuss what he referred to as "the alleged criminal acts".
3. Counsel next indicated that the reason the bankruptcy was allegedly filed were twofold:
a.. Because of 60 lawsuits they felt that the legal expenses would be overwhelming and that bankruptcy supplied the best way to rehabilate and open the cemetery and allow business to resume.
b. Bankruptcy would allow all similarly situated creditors to be treated equally.
4. The claim process would allow the creditors to realize an equitable way to be distributed cash to settle their claims and maximize the return to all the creditors. Brian Shaw says to the creditors, "We're on your side."
5. The debtor sees the case going forward as follows:
a. The restructuring officer's plan will be brought to fruition (they never discussed what this plan was);
b. They will work with the sheriff to give the debtor access to the database he created to get this information to the creditors.
c. To accomplish the above, there is computer software that the debtor will need from the archdiocese - the debtor is acquiring this software and creating a website that should be active in med-November. The website is: www.burroakalsip.com.
d. Mid-November is the target date to reopen the cemetery.
e. The cemetery is open on a limited basis now to conduct burials that can be arranged through funeral directors and funeral homes that have traditionally done their burials at Burr Oak.
f. The debtor will seek court approval to honor pree-need contracts in the ordinary course of business. That includes services, plots and headstones pre-petition.
g. The debtor is looking to sell the cemeteries by year's end.
h. The debtor will be working on the debtor's insurance companies to attempt to realize on those policies.
Questions by counsel for U.S. Trustee
Nancy Gleeson, counsel to the U.S. Trustee, then questioned Mr. Sanderson to reveal the following information:
a. He has held the CFO position since July 24, 2009.
b. He has been a consultant to the company for about a year.
c. He prepared and signed the schedules for the bankruptcy filing and they are true and correct.
d. He cannot value the claims of the unsecured creditors.
e. Aged accounts receivable designation on the schedules refers to a situation where a person pays in full for a pre-need matter. The revenue is not recognized until the need is fulfilled
f. Each company has a liability contract with Harleysville Insurance Co. - $1million per occurrence, $2 million aggregate.
g. Travelers have an umbrella policy.
h. Each insurance company has sent reservations of rights letters.
i. The company's bad debt experience is 1 1/2 %
j. Debt from company owned funeral home appears to be uncollectable.
k. The Richard James obligation appears to be collectable.
l. There are 1.8 million of intercompany notes that Sanderson cannot explain at this time.
m. The Burr Oak books and records are located in Chicago. There are records for all of the burials.
n. The corporate office for Perpetua Holdings of Illinois, Inc. is in Calumet Park.
o. The corporate office for Perpetua, Inc. is in Mesa Arizona.
Questions by Creditors
Various creditors were given an opportunity to question the debtor. Most of the questions dealt with how pre-need situations would be dealt with and whether the moneys paid in were being held in trust and would be available to pay for goods and services at need. The answers given assured the creditors that either all or at least 80% of those funds were protected and would be available. Any creditors cancelling their pre-need arrangements would, according to the debtor, become unsecured creditors. Where the debtor could not deliver because a plot was no longer available or because a family gravesite could not be found, the creditor affected would become an unsecured creditor with a claim.
My Observations
1. Perpetua's representative, Larry Sanderson, was a consultant to the company for about a year and was only recently hired by the company as an officer within the last (5) months. Clearly, the company was not willing to expose its senior management to questioning at this point in the proceedings.
2. Although there were many promises that the company intended to honor pre-need contracts "in the ordinary course of business" - when I raised the question of how they expected to do that where in many cases plots could not be found or family plots had someone else buried there, the debtor's counsel accused me of "making a speech". When I pressed him and asked whether they contemplated performing some type of investigation to determine which of the pre-need contracts they could honor and which contracts they would be unable to honor due to the cemetery conditions, he avoided the question by answering that those issues would work themselves out as part of the "claims adjustment process." If they are leaving this determination to the "claims adjustment process", it begs the question how are they going to determine whether they can in fact comply with their pre-need contracts as they come due?
3. The debtor's belief that the Burr Oak cemetery can be sold and that a new buyer will be able to fix the mess that now exists and still makes a profit seems incredibly unrealistic.
4. This bankruptcy needs to have a creditor's committee to inject a dose of "realism" into the process because thus far the debtor seems to be unrealistic about many things on a going forward basis.
|
|
|
|
|
|
|
|
|
Terrible CA Cemetery Scandal Compares to IL Desecration of African American Historic Cemetery
The latest cemetery scandal is now in Mission Hills, California. A class action filed this week alleges that operators of a Jewish cemetery in Mission Hills allegedly broke open concrete interment vaults and discarded or lost human remains as they made room for additional decedents. For those who read these headlines in shock and fear for the sanctity of their loved ones, a systematized measured approach to such horrific news is the best course to take in an attempt to gain information, deal with the emotional distress and turmoil and to seek rightful vindication, if necessary.
Charlip Law Group, LC has been involved in numerous mortuary cases handling hundreds of clients at a time with each separate scandal. The experience we have gained in handling the fall-out from similar scandals such as Lynn University in Florida, Memorial Gardens in Florida, Biomedical in New York, Bayview Crematory in New Hampshire and Burr Oak in Illinois have taught prospective emotional distress litigants to take a measured approach in reacting to the news of irregularities at a funeral home, mortuary, crematory or cemetery.
First, news reports are no substitute for getting information directly from the funeral home, mortuary, and crematory or cemetery management (assuming they will be responsive). Therefore, the first thing to be done is to ask for information directly from the prospective defendant. Ask for such documentation, affidavits (if necessary) or other paperwork that would provide you with adequate assurances that your loved one was properly handled. If the prospective defendant is non-responsive or if the assurances provided do not go far enough to quell your concern, it is then appropriate to retain counsel to act on your behalf. Once you have diligently sought to dispel any concerns raised by the media by obtaining such adequate assurances and have not received any relief, it is then important to deal with your emotional distress by seeking medical attention and counseling. Getting through such a difficult time involves confronting the feelings and emotions caused by the mishandling. Obtaining vindication also involves the documentation and proof that the emotional distress you have suffered merits compensation. The law does not make all emotional distress people suffer actionable. Therefore it is important to treat the distress you are suffering as a medical problem to be solved and managed instead of a horrible nightmare to be ignored until it fades from memory.
With the Jewish New Year approaching, remembrance of our departed loved ones takes on added significance and meaning. We here at Charlip Law Group, LC have assisted hundreds of people all over the country in dealing with the emotional distress of concerned families of Eden Memorial Cemetery decedents. If you have family members buried in the Eden Memorial Park Cemetery in Mission Hills, CA David H. Charlip and the mortuary attorneys at Charlip Law Group, LC can assist you by contacting the firm at 1-800-773-1955.
|
|
|
|
|
|
|
|
|
Associated Press - August 13, 2009 11:14 AM ET
CHICAGO (AP) - The Illinois Cemetery Oversight Task Force will continue taking testimony from the public about cemetery maintenance, regulation and oversight.
A public meeting is set for Thursday in Chicago. The task force has held two other meetings and called witnesses including Cook County Sheriff Tom Dart.
Gov. Pat Quinn formed the panel last month after allegations of grave desecration surfaced at a historic black graveyard in suburban Chicago.
Four workers at Burr Oak Cemetery in Alsip are accused of digging up bodies and double-stacking coffins in order to resell the plots.
Authorities haven't ruled out additional charges against them or others.
The task force is examining all state cemeteries. A report is due to Quinn by Sept. 15
|
|
|
|
|
|
|
|
|
By David Charlip
Burr Oak Cemetery in Alsip, IL is the final resting place of many famous African-Americans, including lynching victim Emmett Till. At the historic cemetery, a horrific scandal has recently been unearthed.
Four cemetery workers have been charged with dismembering bodies after police found what they called "startling and revolting" conditions. We extend our sympathy to those families whose loved ones graves have been desecrated.
Cook County Sheriff Tom Dart says workers at the Burr Oak Cemetery in Alsip allegedly dug up more than 100 graves, dumped the bodies into unmarked mass graves and resold the plots to unsuspecting members of the public. These sordid and illegal practices had allegedly been going on for the last four years.
Prosecutors have charged 49-year-old Carolyn Towns, 45-year-old Keith Nicks and 39-year-old Terrence Nicks, all of Chicago. Also charged was 61-year-old Maurice Dailey of Robbins. Each was charged Thursday with one count each of dismembering a human body, a felony. The FBI is currently involved in an ongoing investigation.
As an attorney who litigates in the area of funeral home and mortuary negligence across the country, this latest scandal reminds us about how unscrupulous people can so easily abuse your trust and desecrate all you hold dear for a few measly dollars. While the vast majority of professionals and firms operating in the mortuary field are good, honest people who perform an unpopular but necessary service to the community, population growth, decentralization and corporate acquisitions have largely changed the mortuary trade from a personal, neighborhood ethnically based profession to an impersonal corporate business where there is less of a community bond to insure good and caring practices.
When you couple the foregoing sociological evolution with increasing numbers of deaths due to the "baby-boomer" generation reaching end of life, as well as an economy strained by declining profits and cuts to the labor force, it is inevitable that expected minimal levels of care will be violated and that horrific scandals such as what has occurred at Burr Oak will be revealed.
The real question is whether Burr Oak is but a sordid anomaly or merely a precursor to other scandals, yet to be revealed. Consider who it is that companies employ as cemetery and cremation workers? Consider the fact that much of the grimy, dirty work is done at odd hours and usually out of the public eye? Consider the level of trust and faith the public in general places in the process? For an unscrupulous person, consider the vast room for abuse such circumstances offer.
Those who have been victimized by such a scandal can never regain the peace and tranquility they have lost upon learning of the desecration of their loved one. Often the emotional distress will be permanent and unrelenting. Unfortunately, the law of many states can place difficult obstacles in the way of someone who has been victimized by such heinous acts. Although it may seem obvious that the perpetrators' of such crimes be called to account in damages for the emotional distress they have caused the survivors of such atrocities, it is frequently a complex minefield that the Plaintiff's attorney must negotiate, involving issues of intentional vs. negligent conduct; insurance coverage exclusions for intentional acts; attempting to obtain discovery where a police investigation has clamped down on all of the evidence; a frequent lack of eye-witness testimony; issues of psychiatric privilege and a reluctance on the part of the courts to expand coverage for those making emotional distress damage claims. When you overlay these issues with an attempt to class action these claims the cases become infinitely more complex.
If your loved one has been the victim of cemetery re-selling of their plot or grave please call an experienced cemetery lawyer. Charlip Law Group, LC has over 2 decades of experience in the area of Funeral Service/Mortuary Law and is infinitely qualified to answer your questions or help you in any way if you or a member of your family has been touched by this inexcusable event.
Charlip Law Group, LC is located at 1930 Harrison Street, Suite 208, Hollywood, FL 33020. The toll-free number is 1-800-773-1955.
www.charliplawgroup.com
twitter.com/ESQ4YOU
|
|
|
|
|
|
|
|
|
A new cemetery scandal has emerged and Chicago Sun Times columnist Mary Mitchell wrote a scathing story about the employees at the cemetery and the insensitive act they have done. Charlip Law Group, LC has been handeling these type of cases for decades. We can provide you with any information you may need concerning the topic of Mortuary/Funeral Service Law. If you are a family member of someone buried at Burr Oak Cemetery we will be able to quell your fears regarding this situation. We are here to comfort you at any time. 1-800-773-1955.
BY MARY MITCHELL Chicago Sun-Times Columnist
Reprinted from the Chicago Sun Times 7/9/09
R.I.P SHATTERED | Manager, three gravediggers charged in scheme
At one time, Burr Oak Cemetery was the only place black Chicagoans were sure they could bury their dead.
But on Wednesday, the historic African-American cemetery became the site of a horror story.
As many as 100 human bodies - someone's grandfather, grandmother, father, son, daughter, aunt, uncle, niece, nephew cousin or friend - were removed from their graves and the plots resold.
The manager of Burr Oak Cemetery and three gravediggers were charged this morning, accused of scheming to dig up gravesites and resell them.
The four were expected to be in court this morning. The sheriff's office says caskets and remains were removed more than 100 graves and piled up in an unused area of the graveyard over several years.
"All of us who were working on this for the last week were pretty distraught," Cook County Sheriff Tom Dart told me.
"You start with the premise of your own loved ones and how they are cared for after they are buried, but there is also a true significance to this particular cemetery," he said.
"I've been by Emmett Till's grave several times. This is where his mother, Mamie Till Mobley, is also buried, and there is a long list of notable people buried here. This isn't an ordinary cemetery," he said.
Other well-known people buried in Burr Oak include jazz legend Dinah Washington; bluesmen Willie Dixon and Otis Spann; Harlem Globetrotter Inman Jackson; and several Negro League baseball players.
Officers raided the cemetery, at 4400 W. 127th St, in Alsip, Wednesday morning. Five people were taken into custody.
Dart's office was notified by the cemetery's owners of "impropriety" about three weeks ago.
"We thought it would be straightforward financial theft. We found out that graves were being opened and remains were disinterred and removed," he said.
Dart believes the scheme has been going on for about four years.
Earlier Wednesday Dart met with several South Side funeral directors and ministers to advise them of the scandal.
"It really makes me feel bad, especially because we deal with Burr Oaks all the time," said Spencer Leak Sr., the long-time president of Leak and Sons Funeral Home on the South Side, which had a representative at the meeting.
The cemetery's downfall has a special significance to Leak.
In 1964, Leak joined 10,000 people led by his father, A.R. Leak, and the Rev. Clay Evans to protest the racially segregated Oak Woods Cemetery.
It is appalling that 45 years later, employees at the city's first African-American cemetery are being accused of stripping graves for profit.
"For many years, this was the only cemetery where African Americans could be buried," Leak said.
"This cemetery was owned by John Johnson and Ebony Magazine when Johnson owned Unity Insurance Company," Leak said.
"There are a lot of prominent African Americans buried there. Because our funeral home has serviced so many families throughout the years, we know we have to be responsive to families," he said.
"I want to hear specifics so we can know how to deal with our families. Do we have to take them out to the cemetery and take them to the grave where they thought they buried their loved one," Leak said.
"Then, for the families who have buried people in the last four years, we need to know if they were put in one of the resold plots."
So far details of the extent of the desecration are sketchy.
But Dart believes the employees who conspired to pull off the scheme targeted older graves and unmarked graves that had not been visited for a long period of time.
The thieves dumped the bodies in a mass site in the rear of the cemetery - caskets and all.
Dart said he's seen evidence that the desecration of graves may be widespread.
"There were plenty of concrete vaults that were shattered," he said. "More than we could count."
Because I have several close relatives buried at Burr Oak, I will be among those demanding answers.
Frankly, I am outraged.
How could cemetery owners not have a clue until now that this shameful crime against the dead was being committed?
The fact that a group of employees was able to get away with such a diabolical scheme for so long points to gross neglect of this historical cemetery.
"It was well thought out," Dart said.
The employees apparently freelanced selling grave plots and dealt with cash.
"One person had an inordinate control of records, and a lot of those records have since been destroyed.
"We don't know the full extent of this yet," he said.
But he is confident that Emmett Till's grave is intact.
"I've talked to employees who were not involved in this and they assured us that the grave looks the same way it has always looked," Dart said.
This is every family's nightmare.
|
|
|
|
|
|
|
|
|
Did This Happen to You?
Falls Church Funeral Home Scandal - Service Corporation International Funeral Fraud - National Funeral Home Veteran's Bodies Scandal
By David Charlip
A former embalmer for National Funeral Home turned over photographs and notes to authorities recently showing corpses, some of which were veterans awaiting burial at Arlington National Cemetery, that were left unrefrigerated, on makeshift gurneys and in hallways at a central facility for funeral homes in and around the Falls Church, VA/Washington, DC area.
The former employee was an honored state trooper and a reliable source for investigators. He worked at National Funeral Home for nine months. He said he saw as many as 200 mishandled corpses in the time he worked there. It is possible that there were victims from four different funeral homes and 12 cemeteries in the Washington DC area. All the funeral homes and cemeteries are part of Service Corporation International (SCI), the world's largest funeral services conglomerate. Some of the facilities are:
- Demaine Funeral Home (Alexandria, VA)
- Danzansky-Goldberg Memorial Chapel
- National Funeral Home (Falls Church, VA)
- Mount Comfort Cemetery
- The Alexandria Cemetery
Currently, National is being investigated by the Virginia Board of Funeral Directors and Embalmers. Service Corporation International won't comment on the charges or acknowledge that its own employees have come forward with allegations that bodies were left on unrefrigerated racks, for example, because the company did not want to spend more money on necessary resources. Even though there are photos, SCI officials are saying they still can't substantiate the evidence against them (April 7, 2009 Washington Post).
It wasn't only employees that saw the mishandled bodies. Recently a relative of a deceased army veteran followed his father's body to, what he thought was a predetermined facility, where the body would be processed properly. Instead of the place he thought his father would go; he followed the National Funeral Home vehicle to an SCI central facility where he witnessed bodies stacked on storage racks, unrefrigerated corpses, leaking corpses and bodies in various stages of decomposition.
Imagine the emotional shock a family would endure knowing that their loved one was victimized in this way. Some of the deceased were war heroes waiting for burial at Arlington National Cemetery where tourists respectfully stop to bid farewell to veterans who have earned such an honor.
For years Charlip Law Group, LC has stood watch over companies that could be in a position to take advantage the deceased or the family of the decedent. If you think you may have been harmed by a situation like this we may be able to help you. Contact the Mortuary/Funeral Service Attorneys at Charlip Law Group, LC at 1-800-773-1955. Or send us a confidential email at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
.
|
|
|
|
|
|
|
|
|
As we rapidly evolve into a more global economy, a greater percentage of inter-business disputes will find their resolution through non-jurisdiction specific arbitration. For example, you may have a company in a civil law jurisdiction such as Spain arbitrating a business dispute with an American company. Both company's legal counsel may have different perspectives about discovery, about timing and about what is even at issue. Thus, with an international arbitration there are multiple variables not otherwise present in a domestic arbitration that require consideration, management and incorporation into your trial plan and presentation.
Much has been written about arbitration clauses and their terms, what language to include and the ramifications flowing from same. Nevertheless, not enough attention has been paid to what a client and its counsel needs to do upon being presented with an arbitral dispute to manage the variables to your advantage.
The strategies and tactics you must employ include the following: 1. Understand the issues or matters in dispute and neutralize the language differences or ambiguities. 2. Know the rules you are operating under - particularly the timing deadlines. 3. Know your arbitrators, particularly their background and the legal system with which they are familiar. 4. Plan your case to fit within the timing parameters - consider delaying the invocation of the arbitration demand to plan and more fully investigate your case. 5. Tailor your presentation to the type of presentation with which the arbitrators are familiar. 6. Understand the limitations of arbitration and work within those limitations - i.e., do not expect to make your case through discovery, where the international arbitration rules allow for only limited discovery.
Because of the timing, limited discovery, relaxed procedural rules and differing jurisdictional traditions, very often an international arbitration will be more akin to an improvised "street fight" than a proper "boxing match." For that reason, it is important to have counsel that can match wits with the witnesses on the business areas in dispute, think on his or her feet and generally have the trial skills necessary to improvise and persuade where the ability to prepare effectively is diminished.
|
|
|
|
|
|
|
|
|
Divorce in a Recession? Some Couples Can't Afford Not To
By David Charlip
Your marriage is over. You know that divorce is the only answer. Nevertheless with today's dismal economic forecasts and depressed asset values; will filing for divorce now be a wise decision? For some, the answer is yes, unfortunately, because there are pressing issues that cannot be ignored. For others, a "wait and see" attitude will be a better course.
The determining factors will involve the interplay of the following factors: liquidity of assets, over-all asset value and the decline in value of certain assets likely to be transferred between spouses outright (your home, as an example) versus other assets that would likely have to be liquidated and divided (i.e., like a stock portfolio) and the length of the marriage. In general, the paying spouse, usually the Husband, benefits by splitting assets that are devalued particularly where he will end up with assets that require no sale and have the potential to increase in value.
An ever-present concern however is the question of whether the parties can even afford to be divorced. Where the down economy has already depleted the parties' finances and diminished asset values, many couples will conclude that they can't afford to divorce. That is why, as a couple, you have to take a look at what you have, and see if the burden of keeping certain assets (real estate, expensive cars, antiques) will be too much when you are on your own. At Charlip Law Group, LC we have helped couples get through the division of property with as little discomfort as possible.
Spouses that will end up having to pay some sort of alimony must also be sensitive to the passage of time. One would not want to allow a rehabilitative alimony situation to ripen into a permanent alimony obligation.
The calculus of "divorce timing" becomes more difficult in a declining economy and is very fact-specific. Everyone has a different situation; but it is a difficult time when you need professional advice. Finding an attorney early can save you money and time. At Charlip Law Group, LC we are dedicated to finding cost effective ways for you to deal with this sensitive situation. For over 25 years we have practiced family law in South Florida. For a free consultation call our toll-free hotline at 1-800-773-1955. You can also send us a confidential email at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
and one of our attorneys will answer your questions promptly.
|
|
|
|
|
|
|
|
|
Proactive Strategies For Mortgage Foreclosure Defense
David H. Charlip
Many homeowners in today's current economic climate have the prospect of foreclosure looming on the horizon. When you realize that you are "in a hole" and will be experiencing cash-flow problems in the near-term, you need to adopt a proactive strategy to meet and defend an anticipated mortgage foreclosure. If you only have enough money to make mortgage payments for two more months, the best course is to take your last couple of months' payment and use it to retain legal counsel instead of paying it to the bank. In the long run it will not matter if you end up owing the bank a few thousand dollars more because if you cannot, for example, pay $300,000 you cannot pay $305,000 either.
Even absent the retention of legal counsel, you can put the bank on the defensive by sending the bank a qualified inquiry letter under the Mortgage Loan Servicing Act. When prices were doubling on a yearly basis not too long ago and everyone and their mother were brokering mortgages and buying investment property, many errors, inconsistencies and downright abuses were passed through the system and left uncorrected. Many homeowners with mortgages have loan closing documents that do not properly match up with the monthly mortgage payments of principal, interest or escrow they have been paying to the bank. In some cases, the bank has been aggressive with late charges or by requiring additional insurance or by "force-placing" insurance. Each of these situations, will warrant the request by the homeowner for clarification or further information regarding their payment amount, escrow balance or amortization by way of a "Qualified Inquiry Letter" to the bank. Upon receipt of such a letter, the bank has a certain amount of time to respond and to correct the problem. During the pendency of its response, the bank is not supposed to report the loan delinquent or to institute foreclosure proceedings.
Violation of the Mortgage Loan Servicing Act carries with it a $1000 penalty plus attorney's fees. Banks usually settle these cases very quickly because they often have no defense to the violation. Thus, by taking a proactive approach and handling the matter appropriately, you can take a situation where the bank is about to sue you for foreclosure to a situation where you sue the bank first and recover money from the bank, at the same time stalling the foreclosure and limiting adverse credit reporting.
Such approach obviously involves an understanding of the state and federal laws applicable to mortgage loan servicing, fair credit reporting and mortgage foreclosure. Should you need assistance in these areas, please feel free to call the lawyers at Charlip Law Group, LC at 1-800-773-1955 or email
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
.
David H. Charlip
|
|
|
|
|
Charlip Law Group Blog
|
