An Experienced Accident Attorney Protects Your Rights and Assets

If law enforcement or insurance investigators have found you responsible for a major traffic accident, you definitely need effective legal counsel. An experienced accident attorney protects your rights, your reputation, your assets, and your driving privileges. 

Whether or not authorities have filed criminal charges against you, responsibility for a traffic accident puts all of your assets at-risk. Unless you mount an aggressive defense, you may lose just about everything for which you have worked and struggled. Moreover, despite investigators' claims, literally hundreds of details in your accident's circumstances may mitigate your responsibility or exculpate you completely. Alternate interpretations of the scene and the conditions easily may prove that you, too, are a victim in the collision. Your accident lawyer is especially skilled at reconstructing your collision and examining it from every possible perspective and vantage. 

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A skilled accident attorney has specialized tools and resources.

An Experienced Accident Attorney Protects Your Rights and Assets

The best accident attorneys work with forensic engineers and media specialists to reconstruct your collision in precise detail, analyzing the conditions and circumstances with the benefit of science and technology. In the same way compelling forensic evidence frequently proves criminal defendants' innocence, so every detail of every scratch and ding reveals nuances in the facts that contribute to proving you did everything in your power to act responsibly. In traffic law, accident scene pictures do speak thousands of words, and your veteran accident lawyer puts the words to the images, demonstrating how time, place, and circumstance colluded in ways you could not possibly anticipate or control. Just as importantly, using state of the art technology, your accident attorney can use computer animation to bolster your case. This will help your case a good deal. 

An experienced accident attorney has sophisticated negotiation and courtroom skills.

Ninety per cent of traffic accident cases do not go to trial; the parties to your case probably can reach equitable out-of-court settlements. In settlement negotiations, however, attorneys for all the parties to your accident may take depositions from witnesses, investigators, and experts. Your accident lawyer's cross-examination skills figure as prominently in depositions as in the courtroom. Your attentive, fiercely analytic accident attorney knows how to impeach the testimony of even the most credible witnesses, and she knows how to develop explanations and interpretations that put key exhibits in question. You may not come out of the experience unscathed, but your accident lawyer works to assure that you emerge with your assets and good name intact.

An Experienced Accident Attorney Protects Your Rights and Assets

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ACO Myopia: Why CMS Should Focus on Removing Provider Barriers to Entry

At the start of next year analysts widely expect that CMS will hand down regulations dictating the rules behind setting up and running an Accountable Care Organization, as authorized by the new Medicare Shared Savings Program and established by the Patient Protection and Affordable Care Act. In short, the regulations will outline the precise ACO formation rules as well as the system through which CMS will appropriate shared savings to providers. However, on the eve of this important event certain commentators are focusing on the wrong issues. Calls from both federal and private organizations to increase provider risk and tighten ACO credentialing will only deter providers from participating in the voluntary program.

Public health policy experts lauded the Shared Savings Program after the passage of the Affordable Care Act because of its power to tackle the broken fee for service Medicare system. If CMS wants the program to usher in a patient-centered era of healthcare delivery, it should remain true to the program's flexibility. Only by attracting the biggest pool of participating providers will CMS be able to determine if the ACO model works in practice. That is, after all, what a pilot program is all about.

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Brief History and Overview

ACO Myopia: Why CMS Should Focus on Removing Provider Barriers to Entry

Soon after the Affordable Care Act was signed into law this past March, much attention was given to the insurance mandates, coverage reforms, health insurance exchanges and the like. Yet, as the attention to these provisions started to wane, many policy experts turned their attention to the Shared Savings Program. The ACO model, if properly nurtured, could serve as the model for change in healthcare delivery - a model that private payers could adopt should the Medicare model prove successful.

An ACO in theory works fairly simply. In an ACO groups of providers - including groups of physicians or groups of physicians and hospitals - are held accountable for the health of a defined population of patients. If that group of providers increases the overall level of care of the patient population using various quality measuring factors over a defined period of time and does so at a lower cost than expected, then that group of providers gets to enjoy part of the financial savings it produces. In a way an ACO is similar to a managed care model with a pay for performance aspect, though the two crucially differ in that an ACO provider does not take on additional risk. In other words, an ACO is not paid under a capitation model - even if the cost of care comes in over the expected estimate, the providers are not penalized as a result. Thus the underlying system can be characterized as a conditional bonus payment system, not an equity-modeled system.

As applied to Medicare through the Shared Savings Program, the ACO assumes a prominent place in Medicare payment administration. The program is voluntary and allows participating providers to share in additional savings it produces when treating a defined population of Medicare patients. The bonus payments, however, are in addition to standard fee for service Medicare payments, making participation in the program potentially lucrative. Nonetheless, the model as structured by the Affordable Care Act maintains its separation from a capitation system, as it does not penalize providers that miss financial or quality targets other than disqualifying those providers from capturing extra bonus payments (though, notably, it does leave CMS the discretion to alter this portion of the model to its liking in the future). Finally, as the program is voluntary providers must assume all costs of forming an ACO network. If the ACO meets the guidelines soon to be released by CMS, it is allowed entrance into the program once it goes live on January 1, 2012.

Recent Developments

Because the Affordable Care Act leaves much of the Shared Savings Program details to be determined by CMS, healthcare consultants and attorneys have been eagerly awaiting the pending regulations. However, other organizations have taken a more proactive role in the process by suggesting to CMS what the ACO program needs to assume viability.

An organization currently advising CMS to such lengths is the Medicare Payment Advisory Commission. In a letter sent to CMS last month, MedPAC suggested that CMS implement a two-sided risk aspect to the ACO model. Essentially, this suggestion would completely alter the ACO delivery model. In this instance providers would expose themselves to cost overrun risk, where they would be penalized for charges above the ACO's financial target. What, then, this would boil down to is a pure capitation model - precisely the type of model that managed care built itself around, and the same model that failed in the 90s.

Other groups have made suggestions as to what criteria an ACO must meet, beyond the criteria that CMS puts out later this year, in order to seek accredited status. One such organization is the National Committee for Quality Assurance, a private, nonprofit healthcare accrediting organization. In a released draft stating qualifying and monitoring standards for ACOs in October of this year, the NCQA advocated a process where each ACO would be graded on a tiered system, based on existing infrastructure and other qualifications criteria. Though the organization still has yet to put out the final draft of its criteria, adding a further credentialing process will only deter providers from voluntarily joining or forming an ACO. Providers are already expecting to comply with what projects to be a long list of requirements set out by CMS. Forcing them to comply with more accrediting requirements will turn some away from embracing the ACO model.

Conclusion

As things currently stand, providers in the process of forming an ACO are already facing large startup costs. These costs range from the nonfinancial, such as retraining their staffs and learning a new electronic health record software system, to the financial, such as legal and consulting fees paid to create a new accountable entity. Nonetheless, many providers have considered the above and moved forward with the hope that the additional savings payments will more than offset the investment cost.

Adding a burdensome credentialing process will undoubtedly deter some of the willing providers from joining an ACO. Moreover, injecting a substantial risk of absorbing losses in a two-sided risk model will have an even greater effect of preventing providers from joining the program. If CMS wants the Shared Savings Program to succeed, it will remove as many barriers as possible in order to attract the largest number of providers it can. Only then will it know if expanding the program in the future is a good idea.

ACO Myopia: Why CMS Should Focus on Removing Provider Barriers to Entry

Minimize Risk. Maximize Profit. Wagner Healthcare Consulting [http://www.wagnerhc.com]

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New York Power of Attorney Forms - Compliance With New York's General Obligations Law is Essential

A Power of Attorney form is a legal form by which you (as the "principal") appoint another person (your "agent") to perform certain acts on your behalf. You may authorize another person to sign legal documents or to handle various financial matters for you. Power of attorney forms are used in many different situations, and can be signed without hiring a lawyer.

There are a wide variety of situations that may necessitate a power of attorney. For example, you may need to have a financial matter, such as a real estate transaction, handled in another city or state. In some circumstances, you may need to have a family matter handle a financial matter on your behalf. Power of attorney forms are widely used in a variety of commercial, real estate, and other types of transactions.

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In New York, the law regarding the form and execution of powers of attorney was amended in 2009 to address concerns that they were being abused. It is important that any New York power of attorney form contain all of the language required by the 2009 amendments to New York's General Obligations Law.

New York Power of Attorney Forms - Compliance With New York's General Obligations Law is Essential

The statute sets forth three requirements for any New York power of attorney to be valid. First, the power of attorney form must be typed or printed in a font no smaller than 12 points or, if in writing, the reasonable equivalent thereof. Second, it must be signed and notarized by both the individual who granted it (called the "principal" in the statute) and the attorney-in-fact (called the "agent" in the statute). Third, it must contain the exact cautionary language set forth in New York General Obligations Law, §5-15136 ("Caution to the Principal" and "Important Information for the Agent").

Under New York law, the execution of a power of attorney form automatically results in the revocation of all prior powers of attorney previously signed by the same person. The revocation of prior powers of attorney occurs without regard to whether the previous powers were given to the same or different agents or whether they cover the same or unrelated subject matters.

New York Power of Attorney Forms - Compliance With New York's General Obligations Law is Essential

Marc A. Rapaport is a New York attorney and the founder of http://www.ASAPLegalForms.com, a provider of legal forms for business and personal use. You may download a New York power of attorney form at http://www.asaplegalforms.com/Powers_of_Attorney_New%20York.php

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Legitimation Under Georgia Family Law

Legitimation in Georgia is the legal process a father must take to obtain parental rights to a child born out of wedlock. Only the biological father can petition the court for legitimation in Georgia. Prior to legitimation, the mother is vested with all parental rights. It makes no difference if the father's name is on the birth certificate or if the child has the father's last name. In Georgia, an order of legitimation is necessary for the biological father to be recognized by Georgia law as the legal father. The father, however, has no absolute right to having his petition for legitimation granted. The mother can contest the legitimation in Georgia by alleging that the petitioner is not the biological father or that he is unfit. The court will decide whether the grant a petition for legitimation in Georgia based on the best interest of the child involved. An Atlanta family law attorney can guide you through the process of obtaining an order of legitimation in Georgia.

Once the father legitimates the child, the child and the father can inherit from one another as if the child had been born in wedlock. Going through the process of legitimation in Georgia is the first step to obtaining Georgia child visitation rights or custody in Georgia. It is important to note that a father is obligated to pay child support in Georgia regardless of whether he legitimates his child. This obligation can be established by a paternity suit in Georgia. Often, however, a Georgia child support order is established at the same time as the order of legitimation in Georgia. In fact, the new Georgia child support laws require that both parties to a legitimation action file a child support worksheet.

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Courts often decide visitation rights in conjunction with a petition for legitimation in Georgia. Unless the parties agree otherwise, the court will typically order standard visitation. Standard visitation in Georgia includes every other weekend (usually beginning Friday evening and ending Sunday evening), alternating holidays and a few extra weeks during the summer months. An Atlanta family law attorney can advise you as to different options for visitation.

Legitimation Under Georgia Family Law

Generally, courts cannot decide issues of custody in a Georgia legitimation proceeding. The father does have an equal right to custody once he legitimates the child, but he must bring a petition for custody in a separate action. The exceptions to this rule under Georgia law are if the mother consents to consideration of custody, if there is no other legal guardian of the child, or if the mother is deceased.

As with other matters involving children, legitimation in Georgia can be a difficult process. It is always a good idea to have an Atlanta family lawyer on your side.

Legitimation Under Georgia Family Law

Mike Jonesan is a national lecturer on Georgia family law [http://blogs.law.harvard.edu/georgiadivorcelawyer/] issues. He is a resident of Marietta, GA.

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Financing a Legal Education

Simply put, the number of people who are/were at some point interested in going to law school greatly outweighs the number of those who actually do. There are a number of reasons explaining this phenomenon. One explanation may be other job offers come first. There's the possibility that one's LSAT score and GPA were simply too low to get in anywhere. Laziness is another possibility. Also, there are horror stories circulating regarding the terrible legal job market and inability for graduates to get jobs. However, it's my contention that the single most deterring factor is the high cost of attending law school. We'll look at an example to get some numbers in our heads.

Let's take DePaul College of Law, for example. DePaul is a private institution ranked right at the middle of the pack. Tuition for the 2010 entering class sits at roughly ,000. Living expenses in Chicago (which are higher than most cities) come in at just over ,000. So, with tuition and living expenses alone you're looking at K per year. Do that for two additional years and you're putting your debt somewhere in the realm of 0,000. That, my friends, is quite a scary number. And remember, this was before we figured in any additional fees, textbooks, entertainment, etc.

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So, now that everyone's shaking in their proverbial boots and thinking why anyone would go to law school and then thinking about the tens of thousands of lawyers who have already incurred similar amounts of debt, let's look at this more realistically.

Financing a Legal Education

While most law students finance their education primarily by taking out loans (which we will talk about in a moment) there are other sources of financing.

For example, the vast majority of institutions offer merit-based scholarships to qualifying students. While you're not likely to receive one if you barely make the cutoff to get in, if your numbers (LSAT and GPA) lie above the school's expected mean then you may be looking at some financial assistance. While these merit-based scholarships are of course and honor to receive and will lighten the load of financing law school, they often complicate the decision of which school to attend.For example, someone may apply to Northwestern and DePaul and get into both places. However, they may get into Northwestern by a hair and have to pay full-tuition while at DePaul they are likely to boast the best numbers out of many applicants and thus could be granted big bucks to attend. This undoubtedly begs the questions, "Go to a better or school or get a law school education on someone else's dime?" Nevertheless, this article is about financing you education not where to receive it so we'll move on.

In addition to scholarships offered by the schools, there are a limited number of external scholarships offered to first year students and many more after completion of 1L. One of the most widely publicized and coveted 1L scholarships is provided by the American Bar Association (ABA).Their scholarship, The ABA Legal Opportunity Scholarship, to pull from their website is, "intended to provide resources to increase the flow of racial and ethnic minority students into the legal profession, these scholarships consist of 00." As stated in the quotation, this scholarship is offered to minority students looking to practice law (usually at top institutions such as Harvard, Yale, Stanford, Columbia, University of Chicago, Michigan, Northwestern, etc.).

Another possible situation is that your parents help fund you education. While, for most, this is laughable to ask one's parents to shell out six figures from their bank account to pay for law school, this is more common than one would think. In my best assumption this happens most frequently when daddy is successful lawyer and wants his son to follow in his footsteps and inherit the family practice. So,popping a percentage of his yearly earnings to be able to brag to his lawyer buddies seems a worthwhile investment. Meanwhile, his son is enveloped by his dad's pressure to succeed in law school that he may lose sight of anything else that tickles his fancy in the ream of potential career paths. I understand that speaking so bluntly about this issue creates the implication that I personally am in this predicament, but I can assure you that this is not the case. The last sentence seems like an opportune transition into my next topic:LOANS.

Taking out loans is the most common way law school students pay the bills while they are consumed in legal literature (case files and LexisNexis). Taking out a loan, most of which comes from the government, allows students to defer their undergraduate student loans (if relevant) and continue to study for an advanced professional degree. Then, a few years down the road, when they earned their piece of paper to be framed proudly on their office wall they have to begin paying back the government with interest tacked on to the bill.

Step one in taking out loans is filling out your FAFSA, the financial aid for students application. This basically enumerates how much money you currently possess (or lack thereof) and how much external funding you are expecting to receive from parents, schools, etc. Then, FAFSA and any of the schools you are considering and have been accepted to tell you how much financial aid you are awarded. These awards come in the form of subsidized loans, unsubsidized loans and GradPLUS loans which are especially issued for graduate level students.

The myths inherent with financial aid come into play when 0Ls say, "Well, I'll take out 0,000 in loans but then work for a year after school and make that 0,000 at my BigLaw firm job and be able to pay it all back." The fact of the matter is that those jobs are far and few between AND even if you do somehow land one I guarantee your full salary (or even half) is going to pay back loans.

In summation, go to school wherever you please but I beg you, don't get into too much debt because it's going to be a heck of a time trying to crawl out.

Financing a Legal Education

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Criminal Law Jobs - 12 Basic Legal Concepts

We've tried to explain 12 basic criminal law concepts which will give you a better understanding of some of the ideas you would need to master if considering a career in criminal law.

Actus reus - this Latin phrase translates which directly translates to guilty act. In a criminal case it is the responsibility of the prosecution to prove "proof of fault" which could also be described as a culpability or blame-worthiness. It is necessary to prove that the defendant was guilty in mind.

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Causation - did they bring about the result? It may be simple but it's important when putting together a legal case that the solicitors can be sure that the people accused were responsible for the act or omission which was caused the illegal consequence.

Criminal Law Jobs - 12 Basic Legal Concepts

Concurrence - we have already discussed the guilty action, concurrence describes the need for bother the guilty mind and guilty action. Concurrence is not always needed in cases of strict liability. In principle, if the guilty action does not coincide in point of time with the guilty action then no crime has been committed.

Mens rea - this is the mental element of criminal law, it can be compared simplistically to the idea of a motive. Guilty mind does not in isolation does not make someone criminally guilty. There are typically four different kinds of Mens rea, intention, where it was planned. Knowledge, recklessness and negligence are other circumstances where someone can be described as being guilty of mind.

Intention - did they have the foresight to see the consequences and desire to act or fail to act to prevent the consequence. If they are able to prove this the person isn't guilty. This concept is particularly important and is one of the areas most widely contested when cases reach court.

Recklessness - a type of Mens rea, it falls as being less culpable than intention or knowledge but the person still would have been able to prevent the consequence had they not been guilty.

Wilful Blindness - this is where an individual seeks to avoid liability for a crime by making themselves deliberately unaware of facts which would make them liable for the crime. This protects in situations where people make deliberate attempts to excuse themselves from liability.

Criminal Negligence - careless, inattentive or neglectful. Negligence is another type of Mens rea. To be criminally negligent the person accused is has had the foresight to see the risk which is responsible for the illegal outcome.

Ignorantia juris non excusat - a direct translation from Latin of this phrase is Ingnorance of the Law doesn't excuse. This is one of the more easy to follow aspects of criminal law. Just because someone might not be aware of the law or some of its details that doesn't mean they cannot be guilty.

Vicarious Liability - this means that if a group of people are collectively involved in criminal activity they are all liable for their actions carried out as the group. Typically in most modern criminal cases there isn't a vicarious liability and someone has to be responsible to be found guilty

Corporate Viability - in the eyes of the law companies and corporations can be treated as if they were a 'real' individual person.

Strict Liability - in cases of strict liability the mens rea doesn't have to be proven, the person being charged with a strict liability crime may well be found guilty and convicted even if they were unaware or ignorant of the crime.

Criminal Law Jobs - 12 Basic Legal Concepts

This article for Legal Week Jobs was written by Robert Proctor. The website specialises in law jobs and recruitment [http://www.legalweek.com/jobs] including gradute, legal secretary, solicitor & criminal law jobs [http://www.legalweek.com/JobsByCategory/sVacancyTypeIDs/500/Private+Practice+Lawyer.html].

For more information please visit Legal Week Jobs [http://www.legalweek.com/jobs]

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Wisconsin Contract Law - What Makes a Legally Binding Contract?

As a business owner, you probably enter into contractual relationships every day. Many of you deal with written contracts on a fairly regular basis. However, do you understand the basic concepts of contract law and what makes a legally binding contract? Do you know what to look for when reviewing contracts prepared by the other party, or your own attorney that make it a legally binding contract?

Under Wisconsin contract law, legally binding contracts, whether oral or written, require three basic components: offer, acceptance, and consideration. An "offer" requires that one party offers to provide something of value to another party, which is then "accepted" by that other party. "Consideration" is what the two parties are obligated to exchange with each other as part of the contract. Consideration must be something of value, and the consideration must be mutual, i.e. both sides must provide something of value under the contract. For example, an agreement whereby a party agrees to pay you ,000.00, without receiving anything in exchange, is by definition not a contract.

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Typically, consideration takes the form of money paid in exchange for the provision of goods or services. This holds true for multi-million dollar transactions between international conglomerates, and when you take your car in for repairs by a mechanic. One corporation agrees to pay millions of dollars for another corporation to develop specific software or some other product, and you pay your mechanic to replace your spark plugs. In either case, there is an offer, acceptance, and consideration, and therefore an enforceable and legally binding contract. Keep in mind, however, that legally binding contracts may require consideration other than money, for example when two parties agree to exchange parcels of real estate.

Wisconsin Contract Law - What Makes a Legally Binding Contract?

Under Wisconsin contract law, all contracts also come with an implied duty of "good faith and fair dealing" on the part of both parties to the contract. While this is admittedly a rather broad phrase, in essence it means that, once an agreement has been reached, both parties have an obligation to make reasonable efforts to fulfill their respective obligations, and to avoid taking actions that would hinder the performance of the contract.

Parties to contracts have the right to enforce them in courts of law. Generally, the remedies for breach of contract take one of two forms, either specific performance or monetary damages. Specific performance is an equitable remedy most often awarded in cases involving real estate transactions, and consists of the Court ordering the breaching party to fulfill its obligations, i.e. "specifically perform" the contract.

In most cases, the remedy for breach of contract is money damages, usually in the form of "consequential" damages. Consequential damages are those damages that flow naturally from one party's breach of a contract, and can include the cost to replace a product that was never delivered, the cost to repair a defective product, and any resulting lost profits. However, consequential damages must be "reasonably foreseeable" at the time the contract was created in order to be recoverable.

With certain exceptions, oral contracts may be just as valid and legally binding as a written contract. As an attorney, I recommend that whenever possible, contractual obligations be set forth in a written document signed by both parties. As a general rule, courts are required to look only at the written contract itself to interpret the parties' obligations, unless there is some ambiguity in the contract. In the absence of a written agreement, or when an ambiguity exists in a written contract, the court may look to extrinsic evidence, including the testimony of the parties, to determine their intent. In other words, the judge or the jury will be determining the fate of the parties, as opposed to the parties themselves. Therefore, written contracts that clearly define the obligations of the parties are almost always preferable to oral contracts.

I will close with a suggestion. Never ignore the "boilerplate" language that you often find at the end of contracts. While these provisions may seem like an afterthought added by the attorneys to make the contract longer, they are often of vital importance, specifying among other things where written notices (for example, terminating the contract) must be sent under the contract, to where a lawsuit must be filed and what jurisdiction's laws will govern the contract. While it is important to review the detailed provisions of the contract, it can be just as important to understand the "standard" provisions at the end of the contract.

Wisconsin Contract Law - What Makes a Legally Binding Contract?

Deron Andre has been practicing in Green Bay for 11 years, focusing his practice primarily in the areas of business law and real estate. For more information and answers on legally binding contracts or other business and real estate questions, contact Deron at (920) 494-1106 or visit our website, http://www.brabazonlawoffice.com

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