For the Smart Money Cookie

The recorded statement is not an easy replacement of the signed written declaration. It has its own techniques and advantages and disadvantages. The following is a list of some of the advantages and disadvantages of a recorded statement as compared to a written statement:

Advantages of a Recorded Statement

a. The statement is given in the subject’s own words and his or her particular accent and phrase usage.

b. The recording will indicate a subject’s emphasis and inflections and will give an idea as to whether he or she is forceful and positive or weak and vacillating.

c. Is probably the preferred method of obtaining a statement from an illiterate person.

d. Usually easier to read than a hand written declaration.

e. Generally takes less time to complete than a written statement.

Disadvantages of a Recorded Statement:

a. The statement is not signed by the subject at the time of interview (Unless the transcription is sent to the subject at a later date for signature).

b. Subject may “freeze” knowing the conversation is being recorded.

c. Faulty handling of the recorded interview can result in the statement being useless as evidence.

d. It is essential that the recording be clear and audible. Background noise not noticed at the time may prove to effectively “wipe out” much of the recorded interview by covering the voices, making it difficult or impossible to hear and understand the questions and answers.

e. Impressions of witnesses are more accurate in person rather the over the telephone (if it’s not a personal interview).

Most statements are used in court for impeachment purposes only. However, in some cases, if you show up in court with a pile of witness statements in your favor, most likely the judge will take that into consideration when rendering a decision.

Remember, even if the witness does not want to cooperate and provide a statement (but will provide an interview), you can still use your notes for impeachment purposes. I suggest that you do not conduct investigation on your own behalf, but to hire a professional. Courts give more credibility to a 3rd party (or someone impartial) rather that someone related to the case.

Jay Rosenzweig is the owner of California Investigation Services and J R Investigations. He is a past president of the California Association of Licensed Investigators.

In the past six or seven years a new fast growing financial product for personal injury plaintiffs has emerged. Known by many names such as lawsuit funding, legal funding, litigation funding, pre-settlement funding, lawsuit advance, case funding and many other variations, this product offers financial help to plaintiffs waiting for a settlement, where there was none available before. Despite the high cost, the demand is strong for this hybrid product and the market has shown accelerating growth over the past couple of years.

Lawsuit Funding grew out of a hole in the financial system created by demand from the millions of people financially stressed because of injury by some sort of accidental tort and the lack of availability from traditional financial sources. Banks and other traditional financial institutions will not lend to someone whose primary collateral is an interest in their own lawsuit. Because they do not posses the skills to analyze the merits of personal injury lawsuits (or any other type of lawsuit for that matter) they will not lend regardless of the merits of the case.

A new breed of venture capitalists has filled the gap by providing these much needed funds in a unique manner. To avoid the usury limits, which would render the product economically infeasible, the typical lawsuit funding transaction is done in the form of an investment rather than a loan. This means that the funding company only gets paid if the lawsuit or claim is successfully resolved. If you lose your case you own them nothing! Generally speaking, this non-recourse element renders the transaction an investment (not a loan) under the law[1].

The nature of lawsuit funding makes the product high cost. Because of the non-recourse nature of the product, losses are high compared to other types of consumer products and the processing costs are also high because of the small average transaction size - generally less than $5,000. Rates vary a tremendously from one funding company to another. While rate have dropped in the past couple of years, when all charges are included, they still average between 4% and 5% per month. However, it is not uncommon to find lawsuit funding companies still charging 15% a month. Caveat Emptor!

While there are many success stores there are just as many horror stories to be told about lawsuit funding transactions. Typically, the horror stories all come from the same companies -those charging very high compounded rates. With a little bit of shopping around, it is possible to avoid these get rich quick artists and find a reputable company that will provide ample funds at simple interest rates. The cost will still be high due to the nature of the product; after all, if you lose your case the funding company’s investment is wiped out.

Before making any commitments, plaintiffs would be well advised to show the proposed terms to their attorneys. Any reputable lawsuit funding company will be more than happy to provide your attorney with any information needed to make an informed decision.

[1] This is a complicated topic but, generally speaking, if repayment of any part of the principal or interest is contingent on an event that is “more than a mere colorable hazard”, the transaction is not considered a loan and not subject to usury laws.

Wayne C Walker
President of Capital Tranaction Goup Inc

www.captran.com
“CapTran” a leader in Litigation Financial Services

Imagine driving down the highway on a clear Monday morning. Everything was going perfect when suddenly another vehicle came skidding from the opposite direction. You stepped onto the break but it was too late. You tried to avoid the other car but unfortunately you hit your car into a post. Dazed and somewhat unable to believe what just happened, you came out of your car with a few scratches and injuries. People came to help you and the police arrived to investigate. In this instances, when you do not know what to do you might tamper the evidences and risk your chance of getting insurance benefits and auto accident injury claim.

After the accident you would probably ask, is it possible to handle your car accident claim yourself? The answer is yes, it is possible. Besides, if you do not have a lawyer you can save money from not having to pay attorney’s fees. But just the same you will have a hard time proving your claim to the insurance company. Remember that insurance companies are also looking after their interest so they would always find a way to reduce the amount of your settlement.

Probably the only way to get a fair settlement is to have an experienced and reputable lawyer by your side. The intensive training and skill of auto accident lawyers can help you get a positive outcome in your claim. Additionally, when the insurance company knows that you have a lawyer to explain all your legal options, they would be willing to settle without delay to avoid the extra costs. Lawyers always give insurance companies the scare that they need so they would not give you a hard time in processing your claim.

An attorney will also always make it a point to increase your settlement amount to cover his fee. So financially speaking, it’s a win-win situation. So let your lawyer handle your legal case. After all, following the accident your greatest concern is getting yourself medical attention to get back to work as soon as you can. Your lawyer would be more than a legal representative in this case. He can be your friend, confidant, and even your greatest ally. Hence, let your lawyer do all the dirty job and focus most of your energy in doing everything it takes to get your life back to normal.

About The Author
Viojieley Gurrobat loves readings books in her spare time. She writes stories and poems about anything under the sun.
For comments and suggestions kindly visit http://attorneyservicesetc.com/practice_area/Vehicle-Accident-Attorney-Services.html

The Florida Registered Paralegal program takes effect, starting immediately. Currently, over three hundred people have received their application, and many more are predicted to download their copies today, from the Florida Bar’s website.

There is a $150 fee that must be paid when submitting the application. Within two weeks, accepted applicants will receive their welcome information in the mail. There are two tiers in the paralegal program, which also has a disciplinary system and a Code of Ethics and Responsibility

The first tier includes those paralegals who have prior education, training, or work experience and who, under the supervision of lawyers, have performed delegated, substantive work, for which the lawyers are held accountable.

It is essential for the tier two paralegals to meet education and work experience requirements, or become certified by the National Association of Legal Assistants (NALA) or the National Federation of Paralegal Associations (NFPA).

The good news for some is that for the first three years of the program, you may be able to achieve Registered Paralegal Status in the state of Florida, simply by utilizing the godfather provision. This is for those individuals who have substantial experience in the field, but they do not have the formal education or certification requirements to back it up.

The Florida Bar Web site lists all of those that meet that designation.

To maintain your qualification to work as a Florida Registered Paralegal, you will have to undergo 30 hours of courses every tree years, five hours of which will be dedicated to professionalism or ethics courses.
As with most other states, Florida Registered Paralegals are directly monitored by the attorneys who hire and supervise their activities, as these attorneys are held accountable for their paralegals job performance.

The legal system in America is currently stretched with more personal injury lawsuits than it can comfortably process. Many insurance carriers are taking a stronger stand in the settlement process which increases the length of time to resolution in many cases. The victims of personal injury are being hurt the most by this reality because they are often out of work and have difficult time making ends meet until they receive a settlement or judgment in their case.

Fortunately, Global Financial Credit, LLC (http://www.glofin.com) offers low cost settlement loans against pending legal claims. A Settlement Loan is not actually a loan but rather a cash advance against any proceeds that may be received from the pending litigation. If you are injured and have hired a lawyer to represent you then you qualify for a settlement loan against the potential future proceeds you may receive from your lawsuit. You do not have to personally guarantee anything and there are no credit checks or income verifications.

Global will advance you a portion of your future settlement dollars today in return for a portion of your proceeds when the case settles. If the case is lost for any reason then no money is owed back to the funding company. The plaintiff would keep the money that was advanced from the Settlement Loan for free. Settlement Loan advances can be used for the necessary living expenses that so many injured people fall behind on when they have been in a major accident.

Global does not charge any application or upfront fees to apply. Once a plaintiff receives a settlement loan advance from Global there is a monthly fee of 3.99% that accumulates until the case is settled won by judgment. For those who have been injured in any type of accident and have a pending legal or worker compenstaion claim, Global Financial can provide you with some of your future settlement dollars, today.

Wensley McKenney is a Managing Director at Global Financial Credit, LLC. He has 15 years experience in the financial and legal fields.

wensley@glofin.com

To become a qualified paralegal, you will need to complete a paralegal program. There are many to choose from, so choose your paralegal program wisely and clearly.

Paralegal Profession had Become Popular

Paralegals came about only 45 years ago. Since then, in the United States alone, the paralegal profession has expanded to more than 120,000 currently working. Paralegals carry out important legal work in law offices, as well as for government, corporate, and public places where there is a need. Paralegals are highly reputable among the community and are viewed to be of a professional status.

To prepare yourself for your own career as a paralegal, you need a topnotch education. Paralegals are now, more than ever, in need of formal training. Each institution teaches differently as there are more than 600 programs offered in America that focuses on paralegal studies. Differences in Paralegal programs, which are available, are the amount of time and content studied. Your options are:

• Associate Degree
• Baccalaureate Degree
• Certificate
• Master’s Degree

Take the time you need to make a choice, as it will be an important one. The quality of the programs varies greatly. Whatever you may choose, make sure you’ll be satisfied with a fulfilling profession.