The Reasons Why Solicitors Are So Busy in the New Year
If you need legal help and advice at this time of year, then you’re probably struggling to see a solicitor. No matter how often you ring, or however many solicitors you contact, it seems like they are all fully booked up, and you just can’t get an appointment.
Here’s why solicitors are so busy at the moment.
- Solicitors are often busy at this time of year because there is a lot usually a lot going on in the legal profession. New laws come into effect, there are changes to existing laws, perhaps trading laws or employment laws change, and there can be criminal cases to be heard as a result of the Christmas break.
- This time of year sees a lot of applications for divorce. This is because affairs or other infidelities will become apparent. Perhaps somebody will speak out of turn, or a receipt will turn up and show that a partner has cheated.
- In addition, New year’s Resolutions can mean that people want to break out of their old routine, and perhaps start their own business, or move house. They might need legal advice to do this.
- In some families, the parents are only staying together for the children. Once the Christmas holidays are over, and life returns to normal, the same problems that caused the difficulties before Christmas return. This can cause couple to separate, and force children to have to choose with parent to live with. Family law solicitors are usually exceptionally busy in the first months of the new year.
- Many families have money worries at this time of year. Perhaps they have overspent in order to please their children, or they might have been made redundant. If they need legal as well as financial advice, then they’ll want to see a solicitor as soon as they can.
- Some people will be starting new jobs, or moving to different parts of the country. They might want to have their contract checked by an employment law solicitor, or want to know more about renting out their home before moving to another part of the country.
- Many companies will have taken on temporary staff in the run up to the festive period. Perhaps you’ve been a temporary worker and want to make sure that there have been no breeches of contract, or are an employer and want to take on some of these workers permanently.
- Some companies will be changing employment contracts, perhaps due to needing to reduce staff working hours, or perhaps to employ new staff. These contracts will need to be checked by an employment law solicitor so that they are legal.
- Lots of people will also be buying or selling homes or moving to new business premises in the New Year. This is another reason why residential conveyancing solicitors are so busy.
- If the weather is bad, then there might be more accidents than normal. Personal injury specialists will be working hard for their clients as they try and get the compensation they deserve, and flights and other transportation might be delayed or canceled causing chaos for those needing to travel.
Now you know more about why they are so busy at this time of year, if your case isn’t urgent, perhaps you’ll leave it a while before you contact a firm of solicitors.
Making Sure Your Office Christmas Party Is Safe
According to recent statistics, a third of companies aren’t planning on hosting the traditional office Christmas Party this year, amidst concerns about legal action due to drunken antics and so forth. While I can safely say there are many more office safety risks during a party than the rest of the year (most offices just aren’t built for that level of snacks, alcohol and cheesy music), with a little thinking ahead the office Christmas party can become the celebrated institution it once was – without the dark cloud of litigation hanging overhead. It’s important to keep the office health and safety precautions in the background however – no one likes the idea of constant red tape when they’re trying to unwind. Already over half of managers recently surveyed felt the celebratory atmosphere felt very ‘forced’.
Here are 5 workplace health and safety steps you can take to minimise the risk of a litigious post party hangover.
1) Take it out of the office
The easiest way of avoiding the legal minefield of workplace health and safety laws is to take it out of the office! As I mentioned earlier, the typical office with its computers, water cooler and cubicles is just not built for the antics and tomfoolery of the stereotypical office Christmas party. Booking a restaurant or a hotel may seem like an unnecessary expense in the short term, but the different environment will help people unwind and enjoy themselves, and your precious photocopier will not be damaged by the exhibitionist office clown!
2) Leave off the Mistletoe
This one is less ‘health and safety’ and more to do with employment law, but one of the biggest concerns for legal action is the fear of sexual harassment in the workplace. And while the Mistletoe is a firm favourite, in some cases it really can be asking for trouble. By taking it off the list of decorations, you will limit your responsibility if someone does feel harassed or intimidated – remember that if you are funding the party, then the party will still come under the office rules, including those pertaining to sexual harassment.
3) Look out for hazards
People were injured by falling Christmas trees. It just goes to show that hazards are everywhere, especially with the alcohol free flowing. If you can’t budget to have the office elsewhere, make sure you’re not creating trouble where there were no occupational health and safety hazards before. Typical Christmas office safety pitfalls can be easily avoided: Don’t allow people to stand on office chairs or desks to put up decorations and don’t allow fire hazards like Christmas lights to be hung on computers or air vents. Also, ensure that all the usual emergency information is not obscured by crass decorations – even if it means there’s no room for that last life-size reindeer model – the office health and safety laws must come first!
4) Watch out for the alcohol
It’s unsurprising that many managers are terrified at the workplace health and safety inspector’s nightmare: combining alcohol with expensive office equipment. Fortunately, there are steps you can take towards limiting the potential for damage and aiding office safety. It’s a well known fact that alcohol is most potent on an empty stomach, so put on some catering. Salty snacks are less recommended because they create a thirst which can be counter-intuitive for the alcohol-wary manager. A good way of being able to control the alcohol a little more is by making your own punch – the alcohol content is then up to you, and the fruit juice in them will cause the alcohol to be absorbed into the bloodstream that little bit slower.
5) Put on transportation
Booking some taxis or providing rooms for party goers to sleep may sound like an unnecessary expense at the end of the night, but the cost is far less than the risk they would cause to themselves by drink driving, or the damage to the company if they sue due to an accident as they stagger back to their homes. And the extra cost involved is all in the spirit of Christmas.
Drunk Driving Penalty
What would the victim who lies on a cold mortuary slab have to say had they known at the time of their death that their murderer had no real motive for the killing other than that of being under the influence of alcohol where the drunkard had choices unlike the corpse whose last breath was taken from them through an act of unjustified folly.
How can a drunk driver really believe he/she is capable of driving a vehicle after swigging ten pints of beer or a bottle of whiskey? If you are tempted to drink drive then you must listen to the friends who have your best interest at heart when they grapple to retrieve your car keys
If you are the friend of a drunken sot who is about to set out and kill them self or take the life of another then you must forcibly take the car keys away from them. It is far easier and safer to hail a taxi cab, catch a bus/train or walk home from the pub. Christmas is the time to be jolly so keep it that way by drinking in moderation or cut down on consumption of spirits with a high alcohol percentage.
Knowing the law on drink driving and imposed penalty types may have you reconsider one severe penalty that is usually inevitable in cases of drink driving and that is loss of life.
If you have been pulled up in a vehicle by a police constable he/she can request a breath test. Anyone, man or woman under the influence of booze who is caught driving, attempting to drive, or in charge of a motor vehicle on the highway or in a public place like outside your own home or even in a shopping mall car park etc, will be required by law to provide a breath test, to ascertain whether you are over the prescribed limit of alcohol – 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood). You know what they say, don`t do the crime if you can`t do the time and if you exceed these limits then you may well be on your way to prison. Points on your drivers licence and a heavy fine are other imposed penalties for driving a vehicle while drunk, the motorist will face a driving ban (disqualification) If you are convicted of a drink driving offence then you can expect to find it extremely hard to find a car insurance company willing to insure you with out upping your annual premiums to an extortionate price. Well what do you expect after committing a crime as such?
If you have been asked to pull over and a breath test is requested then it has to be sanctioned by an officer in uniform, however a request for a roadside breath test will only happen if one of the following situations applies:
The police officer in question will have to have a reasonable cause to suspect that you have committed, or are currently committing a moving traffic offence, or if, having stopped, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol of more than the legal amount that law states or the police officer has reasonable cause to believe that you were the person driving/attempting to drive/in charge of a motor vehicle which was involved in an road accident. No doubt if common sense prevails none of the drink driving laws will apply. Keep safe this Christmas and go home accompanied by huskies.
How To Stay Safe At Christmas Party
There cannot be anyone out there who is not aware of the dangers involved in drinking and driving. The issue has been the subject of major television campaigns and there are now warnings and guidelines on most bottles and cans of alcohol regarding the number of units we can drink before becoming unsafe to drive. However, it seems that these measures have not been nearly enough to curtail the issue of people getting behind the wheel after having more than the legal limit of alcohol and putting themselves, their passengers and other road users at risk of injury and death. But what are we legally allowed to drink when driving? What are the effects of drinking on our ability to drive? What are the penalties of being caught over the limit and what is the best approach to use when drinking on a night out?
The legal limits?
Current law states that we should not exceed more than 80mg of alcohol for every 100ml of blood in our body. As a rough guide this means that women would be allowed 3 units (roughly equivalent to one large glass of wine) and men would be allowed 4 units (roughly equivalent to 2 pints of beer). However, these guidelines are not rigid as the amount of time alcohol takes to be released from the blood stream varies significantly from person to person depending on their weight, height, build and metabolism.
The effects of drinking on our driving ability?
The effects of drinking on our ability to drive should not be underestimated. Even one glass of wine can affect our judgment, reactions, co-ordination and our vision. In addition, a person that has had an alcoholic drink before getting behind the wheel is more likely to take risks which could increase the chances of being involved in a collision. It is an untruth that coffee or a cold shower will help to sober you up; neither of these will speed up the process of the alcohol leaving your bloodstream.
What are the penalties of being caught driving whilst over the limit?
If you are caught driving whilst over the legal limit of alcohol, do not expect to get off lightly. As well as losing your driving license for at least 12 months you could be fined up to 5,000, you could go to prison for up to six months and you could have to pay increased amounts for your car insurance.
The best approach to staying safe.
If you are planning on a night out or two over the festive period, or at any other time throughout the year, the best approach to use to ensure your safety and the safety of others is the common sense approach. If you are driving home, don’t take any chances – stick to soft drinks all night. If you do wish to drink alcohol make plans in advance as to how you will get home; book a taxi, arrange a designated driver or ask a friend or family member to pick you up. Make use of specialist companies that arrange to drive you home if you have drunk more than you planned – or book yourself into a hotel. Do not be fooled into thinking that you will be safe to drive the next morning. Alcohol takes a certain amount of time to leave your system and if you have consumed a significant amount then you could still be over the legal limit 24 hours later.
Despite the heightened awareness over recent years of the dangers of drinking and driving it remains one of the UK’s biggest killers on our roads. Christmas time sees the highest number of casualties resulting from drink drivers and we all need to be proactive in ensuring that we comply with the legal limits that are in place and constantly use the ‘common sense’ approach when enjoying our time out.
The Best Way to Stop Social Security Disability Fraud
It is a good act for society to help prevent Social Security disability fraud. Social Security disability fraud can be reported a number ways. You could call your local Social Security administration office, to make the report. Or you can file one online, or contact the appropriate authorities on the Social Security administration’s homepage.
However, there are some things you need to know, before making a claim for Social Security disability fraud.
A lot of claims that are reported as fraudulent go like this: “I saw my neighbor, who collect pay Social Security disability pension, on the roof the other day hanging Christmas lights. I want to report this person as a fraud.” Not so fast.
Not all disabilities are apparent to the naked eye, nor are they easy to observe from watching a stranger or someone from a distance.
First of all, let’s go over what a disability is. A disability is something that stops a person from doing gainful activity for 12 months or more. That’s the definition the law goes by. Notice this does not say it has to be physical. This means that there are mental and psychological disorders considered disabilities that are valid. How are you going to see those from a distance, or observe those in someone you don’t know that well?
Also, even if it is physical, there are many physical activities where the pain of the activity isn’t felt on to later. Perhaps the person you saw on the roof could not sleep at all that night because every time they exert themselves there is excruciating pain six to eight hours after they performed their task.
The point is simple, don’t be so quick to report Social Security disability fraud until you are aware of exactly what the person is suffering from that is causing the disability.
You will encounter some people who openly brag about defrauding Social Security. These are the people you should instantly report to the Social Security office. They’re doing everyone a great disservice by depleting the Social Security administration’s funds illegally.
Safe to Drive After Drinking
Nobody is going to arrest you for enjoying a big night out and we all doubt you would try and drive a car after drinking, but how often would you drive the next day? Many people would chose to go on a night out and stay at a friend’s house before driving home or to work in the morning but this can be just as dangerous as driving the night before.
Depending on what country you are in, the legal limit for driving is around 50 – 80 milligrams of alcohol in 100 millilitres of blood. You will easily reach this limit with just a couple of units of alcohol so imagine how 10 – 20 units would effect you even after a nights sleep. Obviously the tolerance to alcohol depends on an individual but the general rule of thumb is that one unit remains in the bloodstream for one hour.
The build up of alcohol can often take more than 12 hours to process through the body and it can still have an effect up to a day later. Many people will often stay up to the early hours of the morning on a night out or at a party meaning they don’t get a full nights sleep, especially if they are getting up at their usual waking hour. They assume that after sleeping the effects of the alcohol will have worn off but this is not the case.
A surprising number of people drive in the morning after drinking the night before, most do not realise that they are over the limit but some are not so innocent, they assume that even though they might still be breaking the law there is a much lower chance of being caught in the morning than at night when the police are waiting.
Most police departments will be aware of nights of heavy drinking such as weekends and holidays and will plan accordingly, the morning after Christmas, new years day and other holidays are times when forces set up road blocks and randomly stop drivers to check for alcohol content. This is primarily a deterrent but they also aim to crack down on offenders.
It’s not just the effect of drinking that can impair driving ability, a heavy hangover means the brain is dehydrated so you will be less alert, lethargic and have impaired vision, not to mention a sore head. Combined with residual alcohol levels this makes for a deadly combination that can catch unsuspecting victims with devastating consequences. The simple answer is to wait at least 12 hours and if you feel hung over, don’t drive.
Child Support Enforcement and Federal Criminal Law
Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing.
Although we hear a lot about “deadbeat parents” (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.
Child support enforcement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver’s or professional license, and more.
In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.
Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.
The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.
A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.
The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.
The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.
If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.
Child Custody Evaluation
A can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you’ll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.
In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.
The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child’s wishes are considered if the child has attained a certain age. InIllinois, the child’s wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid’s desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child’s wishes in the child custody evaluation are more focused on the well being an safety of the child.
A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child’s needs, include the ability to provide an appropriate home, school support, and so forth.
A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.
If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.
Child Custody Agreement and Taxes
A child custody agreement can have serious implications on your tax filing and your taxes overall. This issue should be addressed with your attorney or with your accountant while you are going through the process of negotiating or litigating child custody or a divorce agreement. Waiting until after you have finalized a child custody agreement to investigate the tax impact is not adviseable.
State law on child custody does not dictate who gets the tax deductions. If your child custody agreement is entirely silent on this issue, the parent with primary residential or sole custody will have all of the tax benefits available through the children. That party will be able to claim the children as deductions, and so forth. This can be a significant issue. There are parents who simply assume that if they are paying thousands of dollars per year in support, they will be able to take the children as deductions. Not so. This is incredibly important when you consider that all child support payments are not tax deductible to the payor and they are not taxable to the recipient parent.
Thus, when negotiating your child cusody agreement, you must address the issue of how custody will be structured and who will recieve the tax benefits. This negotiation should be a part of an overall financial scheme that encompasses a consideration of all issues, including child custody, child support, property, alimony, and tax impact.
The ability to claim head of household instead of married filing separate or even filing single can be incredibly important to your overall tax scheme. You can claim head of household if you have your children for more than 50% of the time. Thus, a head of household tax filing should be a part of the overall negotiation outline in a divorce or separation situation. A child custody agreement that is silent on this issue is really not a well negotiated or written agreement.
Your child custody agreement can address this issue in a number of ways. If your child custody agreement provides for joint shared custody, it must state who has the children for 50% of the time. If you have two children, you can divide that up so that each parent has the possibility of fiing for head of household. If you simply have joint custody and one parent has residential custody, you can still provide a head of household deduction to the other parent by wording the agreement in a way that allows for that filing.
There are other tax benefits available to parents that have to be considered when negotiating a child custody agreement. Many or most of those tax benefits are variable depending upon your income level ad whether or not you can claim the child or children as deductions. If you are really thinking through your child custody agreement, you will negotiate all of these benefits. The objective should be to maximize all available benefits for both parties, thereby providing an overall highly advantageous tax impact for your child custody agreement.
