Posts Tagged ‘Law’

Learning about Civil Litigation

Friday, April 20th, 2012

In most cases, many people associate crime and law with the criminal cases they see on the news or on TV. However, there is another side to the law which deals with many civil conflicts and disputes. This is most often referred to as civil litigation. It can sometimes be settled in or out of court depending on the verdict and settlement between the two parties. This sort of law can involve disputes regarding property issues, work-related disputes along with professional misconduct.

Civil litigation usually starts off when two people will have a disagreement over a problem or dispute that has significant complications. It is common for both parties to then go seek legal advice about the matter at hand. When this happens, the lawyer will examine the claims and if they find that it requires a written complaint, they will file it and notify the other party. This formal documentation is known as pleadings.

The next step in civil litigation proceedings is all about the exchange of information between the two parties based on the evidence or proof either party has. If one party intends to come to a solution, they may do so provided the other party has no problem with the resolution. However, if any one of the parties involved is not satisfied with the resolution process, they may go for a pre-trial and then a trial and then expect a final judgment on the issue. Either way, the main objective of the whole process is to provide both the parties with the correct judgment so that both the parties may feel satisfied.

This kind of civil litigation does not have any specific time limitation. Sometimes, a litigation trial can go on for years. If the accuse is confident enough to win the trial and they have the required amount of money to pay the legal fees, they may fight till the end. Since the accuser is fighting for the trial, it is their duty to spend the amount of money needed for their lawyer. The court will not provide them with any lawyer or any monetary support. So, the client should be prepared for all the relevant costs if they are to fight a trial for a long period of time. For example, cigarette companies have been fighting against all the lawsuits or judgments that have been made in recent years against them. So, it is does not matter what someone does or what their business or objective is, everyone has the right to fight till a judgment is made. Even if an individual loses a trial, they can lodge an appeal in a higher division bench of the High Court.

All in all, it is up to the two parties to resolve their civil litigation case and reach the right settlement for a case. A case may go to court if the issue has not been settled but then the parties involved will then need to seek legal advice and be aware of the costs that are involved in such proceedings.

When People Should Hire a Tax Attorney

Monday, April 2nd, 2012

When taxpayers have problems with the state department of revenue or the Internal revenue service, they can hire tax attorneys to resolve them. Tax laws are complex and taxpayers may find themselves better served by hiring experienced attorneys.A Tax attorney is a lawyer who helps the taxpayer resolve his/her IRS (Internal Revenue Service) or state revenue department tax issue. They are legal experts in the field of taxation. They can do a terrific job helping one remove bank levies, wage garnishments, tax liens, and can help prepare settlements, such as the much-publicized offer in compromise. Overall, if you have a tax debt, the best choice and top form of representation is to hire a Tax attorney.

The average taxpayer may feel that there is no need to pay hard earned money, especially in this economy, to hire a tax attorney to solve his or her tax problem, as they may assume that their tax debt issue is not terrifically complicated. The truth is, while at first glance tax debt may appear relatively easy to tackle, the underlying tax law is in fact quite complicated, and is incredibly challenging to solve, even for the seasoned tax preparer. Every year the tax law changes, and every year there are new ways to help the taxpayer enforce their rights against the IRS. For most tax debt issues, the best way to approach favorable resolution is through effective representation from an attorney, and the best advice in tax resolution is: hire your tax attorney now, before your problem gets worst.

Small business entrepreneurs often times have tax attorneys on staff as part of their payroll, because they are easily adept at negotiating with both issues of taxation and most financial aspects in business. They can set up business trust funds, stock portfolios, and financial accounts. They are also an entrepreneur’s first line of defense against tax debt and taxation issues. They can elucidate many of your key legal issues with the IRS or state revenue department before they become a problem, and in a recent survey, tax debt and its associated problems are affecting three out of every ten taxpayers. On average, tax debt can cost a business and/or individual thousands of dollars in IRS penalties, interest and court fees, and if approached right, most of these fees can be avoided through the strategic use of a seasoned tax attorney.

Tax attorneys are law technicians, and have dedicated most of their time towards researching the changes and evolutions within the tax law. They can draft all of your contracts and file your tax returns accurately and duly. When confronted with a large, insurmountable tax debt, many taxpayers think filing bankruptcy is the final solution for your tax problem. This is inherently untrue. If you are not aware of the rules of the bankruptcy court and proceedings, you can get into serious legal entanglements, often times doing much more harm than good. So consult with or have a good tax attorney on staff to help deal with most of your key financial points, especially tax debt.

Filing a tax return at the last minute is suggested against, as it becomes an incredibly hectic undertaking. Most CPA’s (Certified Public Accountant) are not available at the last minute as they already have their client’s needs to address, and for most, the April 15th tax deadline creates fear and panic. By hiring a tax attorney you can prevent yourself from most of these tax issues and relieve yourself of the anxiety associated with filing your return. Tax attorneys can audit all your contracts, poor over your records, and create a clean financial bill of health. Learning and implementing all of the rules within the changing tax law can have dramatic effects on your tax issue and the related payments and/or savings, and hiring a tax attorney can help put the law on your side.

Mr. Unger
is a member of the Bars of the State of New Jersey, New York, and Florida. He is a member of the American Bar Association (Section of Taxation), Camden County Bar Association, (Taxation Law and Elder Law & Disability Committee) New Jersey Bar Association (Section of Taxation), New York State Bar Association (Section of Taxation) and a member of the Florida Bar (Section of Taxation). Mr. Unger is also licensed to practice in front of the United States Tax Court.