Edmon Lawyer Partners

The power of the lawyer is in the uncertainty of the law

Why Immigration Is So Important

In the current global climate, immigration is a touchy and often misunderstood subject. Few people are comfortable with the idea and even fewer understand just how important it is for their country’s economy. Take the United States for example: Immigration in the U.S. has supported the growth and overall dynamism for an incredibly long time.

Both immigrants and refugees alike become business owners, job creators, consumers and of course; tax payers. Without this industry the United States economy would be down several trillions of dollars, and their essentiality to the economy will only become more and more prevalent in the future.

It’s not a perfect system, nothing ever is, though with little more time, effort and refinement; the U.S. economy could benefit even further through legislative reforms – for example providing the large number of unauthorised immigrants in the country with a clear path to lawful citizenship.

Immigration saves lives and creates opportunities

There is a lot of stigma that surrounds immigration and some people see it in a very negative light, with the idea that some people wish to do them harm or are merely moving to exploit the country. This is obviously only the case in some very rare and extreme cases, whereas for the most part immigrants or refugees have only the purest intentions and are looking to improve the lives of them and their families.

Regardless to the evident positive effects of immigrants in the United States and its economy; with increased tensions in the current global climate and the tenor of a new administration – a more restrictive policy threatens to make things a whole lot more complicated for everyone involved.

More restrictions on immigration enforcement and refugee resettlement will create additional financial costs for tax payers and will threaten countless immigrants and their families across the country. Many of said immigrants are potentially survivors of sexual assault, domestic violence and even those feeling war-torn countries and seeking safety and asylum in one of the greatest Nations on Earth.

Yes, it is as complicated as it sounds, though it’s not impossible to crack.

If you are thinking about moving to the U.S. then you’ll likely be aware of just how complicated the whole procedure is – before you get started you’ll have to take this into consideration.

Immigration is an absolute minefield, with so many rules, regulations, pitfalls and complications it’s no wonder why there is such high demand for agencies who can aid and assist people through the procedure by creating you an U.S. Immigration Plan.

And rightly so too, there is so much depth to the procedure that it is all too easy to miss something and there is nothing more frustrating than spending so much time on something, only to find that you’ve missed something minor. By going through an agency or seeking out an immigration consultant, you will be working directly with someone who is entirely up to date with the current laws and regulation and they can assist you in making sure that you complete the application as smoothly as possible.

In a nut shell, it’s not an impossible situation and if you’re a genuine and law-abiding citizen who is looking for a new and positive change in your life then you should definitely go ahead and apply. Make a positive change in your life and build the future that you have always dreamed of.

 

How To Avoid Immigration Mistakes

While applying for immigration benefits, there are some common mistakes people make, but can be avoided. These mistakes can sometimes cause serious trouble at the end of the road, like not being able to reunite with their family, loss of both the application filing fee and the immigration fee, being deported and inability to re-enter the US. So, caution must be taken to avoid these simple mistakes listed below.

1. Providing Incorrect information:

When applying for immigration benefits, it is necessary to provide all the right information. This is right from the point where the immigration forms are filed. Fraudulent information or misrepresenting any facts for obtaining the immigration benefits must be avoided.

2. Late Responses to USCIS queries:

If the US Citizenship and Immigration Services needs any additional information for processing any immigration application, it sends a Request for Evidence (RFE) to the applicant. This request has to be replied with sufficient documentation within the stipulated deadline. Ignoring or missing the deadline for the RFE can lead to denial of the application.

3. Immigration Interviews and Court Hearings:

Attending the interviews set up by the USCIS and the court hearings is very important in the process of granting an immigration. Ignoring these interviews and court hearings can also lead to the application being rejected.

4. Filing application without the fee:

USCIS forms usually have a processing fee. Fee waiver is also available for most forms. Those who cannot afford to pay the fees, can send the application along with a request for fee waiver. USCIS does not process any application which does not have the fee or the proper fee waiver request.

5. Send the application to the wrong office:

The instruction form along with the application should be read carefully. The address to which the application form should be sent to is given clearly in the instruction form. The application must be sent to the correct address to avoid delay where the application is either returned to the sender or sometimes forwarded to the right address.

6. Not everyone who applies is successful:

Some of the applicants, even though they do not meet the criteria for immigration benefits, simply apply because their friends or relatives have applied and have obtained the benefits. Every applicant is evaluated and not everyone who applies is eligible for the benefit. Reading the instruction forms thoroughly clarifies the eligibility criteria and provides newer options available.

7. Eligibility:

Applying for an immigration benefit for which they are not eligible is a very common mistake. Reading the Instruction Form before applying and checking for an individual’s eligibility can be done before applying.

 

How To Setting Up A Limited Company

Many people wonder why should they start a private limited company, as such a venture would often involve additional expenses and administrative work. In the case of a sole proprietorship business, these expenses are very nominal.

The deciding factor for forming such a company is your financial liability as an individual. In case you were the sole proprietor and the business flops for whatever reason, you alone are liable to clearing all your debts. When you have large debts that you are unable to pay, you are exposed to the risk of personal bankruptcy. The formation of a limited company provides protection against such an eventuality.

The advantages

By itself, a limited company being an entity is accountable for the actions it takes. The funds of such a company are totally detached from those of the people owning it. There can be one or additional shareholders in private limited companies, though the owners can’t sell the shares to the public, or trade them through the stock market. Only public limited companies can do that.

As long as you do not trade in a false or reckless manner, your risk of losing money as the director of the limited company is only to the extent of the money you may have invested in that company. Nonetheless, if you availed loans from banks against personal guarantee, you will be held liable for paying those loans.

Having such a company may, to some extent, enhance your credibility to prospective clients.

How to start one?

You may hire the services of an agent, advocate or accountant who would do it for you and charge a little fee. You’ll need to give some primary information for doing the needful, and sign a couple of papers. Else, you may visit the Companies House online and incorporate your company.

You can also buy a ready to use name for a limited company. However, when you wish to setup an absolutely fresh one, it is obligatory for you to submit the articles of association, the memorandum of articles, along with a fulfilled IN01 form to the Companies House.

A memorandum of association contains the details pertaining to the name of the company, the nature of its business, and the address of its registered office. All the directors need to sign it in the presence of at least one witness. The Companies House sends all its letters, notices, and reminders to the registered office of the company. The articles of association spell out the rules and regulations for running the company.

Responsibilities of the directors of the company

A private limited company should essentially have one director, who may also hold some shares of the company. People charged with bankruptcy and those below sixteen years of age can’t be appointed as directors.

It’s no more obligatory for these companies to employ a company secretary, as the directors of a private limited company are accountable for keeping the Companies House informed of any amendments in the management or structure of their company.

 

Understanding The Difference About LLC and an LP

Decades ago, business owners had few options aside from sole proprietorships, partnerships, and corporations. Today, limited partnerships (LPs) and limited liability companies (LLCs) are two of the most popular entities for small businesses. These entities have many of the same advantages, including flexibility, pass through taxation, limited liability protection, and greater control of management compared to a corporation. Both are also treated like a general partnership by the IRS for tax purposes. For these reasons, it’s easy to confuse the two. Here’s what you should know about the difference between an LP and an LLC.

Limited Liability Companies

A limited liability company, or LLC, is actually a hybrid business entity that combines the best features of a sole proprietorship, partnership, and corporation. Every owner, or member, enjoys limited liability protection similar to that of a corporation shareholder although an LLC is far more flexible. Unlike a corporation, an LLC does not have strict formalities like the requirement to produce annual reports or hold director meetings.

An LLC is a pass-through tax entity. This means each member’s share of business losses and profits are reported on the member’s personal income tax return. An important distinction with forming an LLC is members can choose to distribute profits any way they like without considering each member’s contribution to the company.

Limited Partnerships

Limited partnerships have at least one limited partner and at least one general partner. The general partner is the one who participates in management with 100% liability for any obligations of the business while limited partners cannot participate in the business management but have no liability for the company’s obligations beyond their financial contribution to the business.

The benefit of an LP is it’s an attractive entity for passive investors. Because limited partners have such strong protection, general partners can more easily raise money without worrying about outside investors becoming involved in the business’ management.

Which is the Right Choice?

There are advantages with each option. Both LLC owners and limited partners of an LP enjoy limited liability protection, but limited partners will lose this protection if they choose to actively participate in business management. This makes a limited liability company a more flexible business structure in terms of management.

While both are treated as a pass-through tax entity, the LLC does come out ahead in this area because LLC members can claim tax losses in excess of their capital investment in the business, unlike limited partners.

There are a few advantages to an LP. Not all states have the same tax treatment of limited liability companies as some states limit the types of businesses that can form an LLC while others tax LLCs like corporations. Limited partnerships can also come with additional tax deductions for employees.

Both business entities offer many of the same benefits that are important to any small business, including flexibility and limited liability protection. Despite their similarities, there are distinct differences between the two, however, which means it’s important to consult with an expert such as a corporate services company or an attorney before you make a choice.

 

All About Legal Structure

At this point you have decided to start a cleaning service, but you don’t know what your business structure should be – a sole proprietor, partnership, LLC, or Corporation. The information is confusing, there is paperwork to be filed, and it costs a lot of money to get advise. Well, not really, I am here for you.

Most cleaning services start out as sole proprietorship. For some this works, but I strongly caution against this. Before I explain why, you need to know the differences between different structures.

Sole proprietorship is the simplest form of business that directly ties the owner to the same without providing any protection to his/her assets by being a different entity. Basically, the owner is solely responsible for all debt, benefits from all income, and the business is he or she for any legal purposes.

A corporation is an entity for itself and the owner becomes a shareholder of the same. In essence, this means that the corporation itself is liable without the owner being subject to any liability through his personal assets. The actions and debts of the business are all on the business and therefore do not affect owners private assets. Special taxation rules apply as well as both entities including the owner and the corporations have to pay separate taxes.

A Limited Liability Company (LLC) is a mix between the two. This legal structure is maintained by the states and not the federal government, so all income flows through to the owners, however, any liability is limited to the company only and owners personal assets and owners as an entity are protected.

For a cleaning service, I strongly recommend the LLC structure. You will work in expensive homes, offices with confidential information, and businesses with proprietary technologies and processes. If something happens due to your mistake or the mistake of your employees, you want to make sure your personal assets are protected and off-limits in case of a law suit.

Formation of an LLC can appear to be a daunting task, but services such as LegalZoom and others offer to complete the entire process for you for as little as $150. I would highly recommend using such a service as they do a great job at an affordable price and ensure that all is right. Please be aware that before you can form an LLC, you need to obtain a FEIN number from the IRS. Many websites will try to charge you upwards of $50 for this, but you can easily obtain this number online from the IRS online system in less than five minutes. As an alternative many states offer a free formation service online or free forms for you to complete yourself.

Once this step is completed, you will have the necessary paperwork to complete many other tasks such as opening a business checking account.

 

The Difference About Business Legal Structures

There are several common legal structures that you can set your business up under. Which one you chose is going to depend on what kind of business you are setting up, who else is involved in this plan with you, your own personal preferences, among several other factors.

Here is a quick overview of your options.

Sole Proprietorship

This is still the most common type of business structure, particularly for small businesses that are just starting out. This means that one person owns and is responsible for the business. They make all the decisions, but they also hold all the financial responsibility. The profits or losses from the business are reported on the proprietor’s personal taxes.

General Partnership

This is very similar to a sole proprietorship, except that there is more than one person involved in owning and operating the business. The business is still connected to you, but also to your partners. This means you all share in the management and financial responsibilities of the business.

Corporation (LTD or INC)

A corporation is an entity that is formed and does business on its own, separate from anyone personally. This means that the financial situation of the business does not roll over onto the person who owns the business.

While this may seem like the better option to avoid personal liability if something happens within the business, it can be extremely tedious and expensive to set up and maintain. This is not a viable option for most small business owners because most of them cannot afford the set up fees or maintenance of records required.

Limited Liability Company/Corporation (LLC)

This is a newer and very popular type of business structure because it offers the benefits of a corporation, does not require a lot of the same hassle. Unlike a limited liability partnership, you can set up this type of company with only one person. It provides a lot of the financial protection of a corporation, but does not require as extensive measures to upkeep.

Limited Liability Partnership (LLP)

This is a different type of partnership, but it also provides some of the financial protection of a corporation. Unlike an LLC, you must have at least two partners. However, it is easier to maintain and keep your structure than an LLC. This business structure is also much more common in the UK, which LLCs are more popular in the US.

How you set up your business is an important decision. The structure you choose could make a big financial and legal difference. It will depend on many factors, including local laws. Take the time to research your options and talk to an accountant or other business professional and anyone else involved in your business before making your decision.

 

Understanding HOA Attorney Job

This type of attorney is the one that represents and advises the homeowner’s association board members on many different matters regarding property rights and contracts. A HOA attorney is generally in charge of drafting the community rules so that they comply with the governing law. They will also provide broad advice to the members of the association about organizational structure and leadership responsibilities and helping to enforce the rules against the homeowners. A HOA attorney can also represent the association if there are any lawsuits filed and advises the residents and board members about their rights under law.

This law is a very specific branch of property law, which is important to the maintenance and creation of a system of ownership. These property laws can help to guide the buying and selling of property. Property laws sorts out the power that the association can control and setting the parameters as to how that power can be executed. When the community agrees to abide by a set of uniform rules they are enforced by the homeowner’s association board, which is generally filled by election and made of individual residents of the community.

Because this board is like a quasi-legal entity that has its own insulated rules it is very important that the homeowner’s association board has legal representation to ensure that all of the actions it takes complies with the governing laws. It will be the job of the HOA attorney to represent the homeowner’s association board. The HOA attorney’s job focuses primarily on advising by helping them to review and update the rules so they are not violating any governing laws.

Other jobs that a HOA attorney might do can include:

• Enforcing the rules against any homeowner who is not in compliance by contacting the homeowner to explain the violation and try to find a resolution that is amicable to the homeowner and board. If the homeowner does not cooperate the attorney will be the one to begin contempt filings or legal evection.
• They may represent the homeowner’s association in any legal proceedings outside the association such as dealing legally with a contractor who did poor work in the development. It will be the HOA attorney that will see remuneration and if it becomes necessary will file a lawsuit against the contractor.
• If the homeowner’s association is sued the HOA attorney would do the defense of the homeowner’s association in the case.

The HOA attorney is the legal voice for the association’s board and generally is not a full time job. Many times this attorney will represent several homeowners’ associations at once or represent them and have a property law practice.

 

Things You Should Prepare Before Attending Court

Attending Court can be stressful and intimidating, even for those who do so regularly. It can be even more so for those attending for the first time with very little idea of what to expect. Not knowing where to go, or how to act can only add to the stress of having to present yourself before a Judge.

It can be difficult to know how to behave and act to reduce the stress of attending court and present yourself in the best possible light to the Judge. This article will discuss some of the most practical advice to present yourself well at Court.

Firstly, attend Court before your Hearing date. The Court is a public building, and there is no reason for you not to visit it before your Hearing so that you can learn the layout and how the building operates. You may also be able to sit in on another Hearing if an appropriate one is available. Speak to the Court Ushers (Court Staff) and ask them about sitting in on a Hearing. If you explain to them why you want to do so, then they may be able to advise you what is available. This will give you the opportunity to familiarise yourself with what a Hearing is actually like.

Secondly, arrive early on the day of your Hearing. Do not aim to be on time for your Hearing aim to be early. This will allow for time to find the room your Hearing is being held in. You should also give yourself plenty of time as the Defendant may wish to speak to you regarding settlement before going in. It is not uncommon for cases to settle before going into a hearing. However, if the Defendant tries to settle your claim, you should keep in mind that they will be expecting you to be feeling stressed and nervous and some may try to use that to strong-arm you into accepting a lower offer. Keep your cool and don’t settle for less than your claim is worth just because you’re nervous about the Hearing.

Thirdly, dress appropriately. You should always dress smartly, as you would for a job interview. Remember appearances count for a lot, and while in a perfect world you would be judged on your case alone, in reality how you present yourself and your attitude in Court will have an impact on your case. Dressing smartly shows respect to the Court and the process you are engaged in. It demonstrates to the Judge that you are taking this matter seriously and that you deserve their time and attention. Dressing smartly can mean different things to different people so for the avoidance of doubt do not go to Court in your jeans, leggings, t-shirts or crop tops. Wear a suit if you can, or if you do not have one and have no way of getting/borrowing one you should at wear a suit jacket at a minimum.

Fourthly, address the judge accordingly. If you are before a District Judge, they should be addressed as “Sir” or “Madam” as the case may be. If you are before a Recorder or a Circuit Judge you should address them as “Your Honour.” In the unlikely event that you find yourself before a High Court Judge, they should be addressed as “My Lord” or “My Lady” as the case may be. However, that being said do not panic if you forget the correct way to address a Judge, provided that you are polite and respectful, the Judge will not take offense.

Fifthly, speak appropriately. As above it is important to be polite during the process of speaking to the Judge and your opponent. This will be a highly emotional experience, but you must try to keep your cool. Try not to lose your temper or become overly emotional, take a moment to breathe if you need to the Judge will be understanding that this is not an easy ordeal. Water will be available, if you need to take a moment have a drink and try to relax as much as possible. During the Hearing, only one person should speak at any one time if you interrupt the Defendant or the Defendant interrupts you the Judge will act to keep order. You should not interrupt the Judge if you need to bring something to the Judge’s attention while they are speaking then wait for them to finish before speaking.

Lastly, be honest, if you cannot answer any question from the Judge or Defendant, then you should say so. If possible make an effort to find out the answer during a break in the Hearing. However, not knowing the answer to a question is unlikely, this is your claim, and no one should know it better than you. The questions asked will be important and effect the Judge’s decision so answer them with as much information as you can.

In conclusion, you should now have an understanding of some of the steps you can take to best present yourself at Court and reduce the stress you may be under by attending Court.

 

The Advantages of Building a Remote Legal Team

The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you’ve been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

 

Things You Must Know About Probate Attorney

This is the attorney that you would hire to administer the last will and testament of a deceased person. They will also help to guide the heirs through the probate process in court, which is when a person files a petition for probate. This is the process to determine if the will the deceased left behind is valid. In the probate process the assets that the deceased left behind are distributed to pay any bills and what is left is divided among the heirs as the will states. The probate attorney will assist the heirs during the legal process, including filing any necessary pleadings and motions. If the will is contested by the heirs they will make arguments to the court as to why it is being contested. It the court has any questions about the will’s validity he will answer their questions.

Although this is not required for them to do so sometimes they will be the executor of the will, especially if the deceased has named them as the executor of their estate. When they are the executor of the will they will manage the distribution of any assets the deceased has left behind. Some of his duties can be helping to change the title on some property. It can also be helping to move assets into the person’s name who inherited the items. The probate attorney is also responsible to make sure that all of the funds are accounted for along with the taxation aspect of the will and estate. When the probate attorney is the executor of a will they are generally paid a nominal fee, which could be a percentage based on a percentage of the estate or a flat fee. It is a fee that is separate from the one for preparing the will.

To become a probate attorney you will first have to have a bachelor’s degree and graduate from law school, which can take up to ten years. Before you can apply to take the bar exam you will have to have acquired a specific number of hours work experience for a law firm. Each state has a specific number of hours. Once you have met this requirement you can take the bar exam.

As an added bonus you should have good interview skills. When discussing any requests to change a will or when creating a will having persuasion and oral communication skills can be very helpful. When starting work as a probate attorney many will work as a junior attorney for a law firm that deals with probate work. They will be the ones that review wills, doing paperwork that involves the execution of an estate, and fulfilling change requests. They will also learn how surrogate court works.

 

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