Legal Assistant’s Corner

One from the readers of my previous article commented: “While I do not know everything, I do know what I know.” Despite my admission that legal assistants do not know everything associated with law, you’ll find circumstances during which we do know everything.

Legal assistants will be the detailers from the legal profession. We increase the risk for attorney’s vision with their solution with a client’s problem arrive at fruition. We get ‘er done.

Many attorneys only understand their part in the operation, e.g., doling out legal counsel to the consumer, representing the consumer in court, and wording documentation to best represent the buyer, etc.; however, it doesn’t always see the details in the process for example proper formatting/dissemination of documentation, which documentation could well be most efficient to serve the buyer’s needs, etc.

On the other side of this equation is the customer’s misunderstanding of an legal assistant’s role within their case. Clients often only consider us obstacles by questioning us, our knowledge, and our methods – they may sometimes even flat out argue around. We take into account that you’re obsessed with your case and desire it done the method that you want it done; however, whatever you may view being a simple straight line from A to B actually requires detours through A(1), A(2), A(3), and so forth.

You have entrusted the attorney you hired to represent you for the best of these ability. The attorney has entrusted the legal assistant(s) they hired to assist them accomplish their end goals. Legal assistants are constantly honing their red tape cutting skills to your fine edge and, while individual methods are vastly different from office to office, it’s well known what we are going to do… at the least most with the time.

© 5/17/2018 Hunt & Associates, PC. All rights reserved.

Heather Carr can be a Legal Assistant, Bookkeeper and Office/Marketing Manager while using law firm Hunt & Associates, PC in Portland, Oregon. She is experienced and familiar with the fields of civil litigation, contracts, business law, family law, elder law, probate, estate planning, accidental injuries,


Line Between Morality & Law

If one eats meat, in a very place where majority refrain from taking it, would the face be liable to punishment? What if a person takes part inside a protest for further Democratic space, which was proscribed through the Government, is that individual justified in his/her cause? Are the police justified to kill inside commission of crime in an attempt to protect innocent lives, with many different viewing taking of some other life regardless of the situation as wrong?

The above questions test our very fundamental values & principles as precisely what is considered Immoral by others is legal in line with the Laws on the land, and vice- versa.

Thus setting up a thin line between Morality & Law, sometimes so thin that is certainly indistinguishable in the other, even some consider them interdependent. But in varying circumstances, the road is clear with each governed by a values & principles.

According to Collins Dictionary, Morality could be the belief that some behavior is correct & acceptable which the other behavior is wrong. In broader terms is really a system of principles & values concerning people’s behavior, that’s generally accepted by society or by particular group.

Then if someone eats meat inside a place where majority abstains from using it due to their beliefs & principles, he/she are going to be considered immoral. Another example is if someone engages in pre-marital sex, in the society where marriage before sex is really a taboo, then they are also immoral.

By committing such taboos am i liable to be punished, perhaps there is any basis to punish all those who have gone contrary to the accepted norms set with the society. To be fair, these are generally principles which have guided our society before our Grandparents were born and served to be a yard stick for generations.

According to Wikipedia, Law is really a system of rules that happen to be created and enforced through social or governmental institutions to control behavior or perhaps in broader term a method that regulates and means that individuals or community go through the will in the state.

Hence, if one participates in an unlawful protest, regardless how right the issues are or align using innate beliefs & principles e.g. agitating for further Democratic space inside a country. They will face the entire force in the law as enshrined inside the constitution and enforced by relevant institutions.

But if an individual takes meat within a society where it’s actually a taboo, the person are going to be wrong based on the society but legally to the law or engages in pre-marital sex, your situation will still be precisely the same.

In many cases, what’s morally wrong from the society can be illegal, as an example in Islamic societies starting pre or extra- marital affairs is not just a sin but in addition illegal with punishment meted using the Quran. In such societies, it is hard to distinguish between Law & Morality as our Moral Compass forms the foundation in creating Laws that govern us and enforced by Institutions.

Some have gone further stating many laws passed really are guided by our Moral value, and that is true, by way of example what has been considered generally wrong through the society e.g. public nudity may be enacted & passed into law prohibiting such behavior with Consequences if violated.

In a real scenario, there is absolutely no line to differentiate between Law & Morality since they are interdependent and something serve as being a basis inside formation in the other. Good examples are countries with State Religion e.g. Islamic countries like Iran, Pakistan where Sharia law depending on the Quran forms the cornerstone of laws enacted from the Government.

But in modern Western Democratic countries, there exists a clear line between Law & Morality and therefore are independent of 1 another. For example Abortion is usually a taboo in numerous societies and laws enacted outlawing it. In the west, the Rationality of Law takes precedence as well as the mother contains the Right either to keep or terminate having a baby. Hence emphasis is within the Rights of your Individual compared to the collective conscience on the Society.

Just reported by users another man meat is yet another man’s poison, in Law & Morality what on earth is considered morally wrong in a single society is legally directly in another and the other way around. The thin line is the thing that keeps them from clashing with the other in matters of Values & Principles and ensuring a somehow balanced society guided through the Rule of Law.


Child Molestation World Record Holder!

Being the CNN loyalist and avid conspiracy theorist that I am, I couldn’t help but zoom in on the plague of child molestation cases that dominated the headlines circa. 1999. It seems that through time even celebrities are not immune, Michael Jackson, Roman Polanski, Jerry Lee Lewis, Bishop Eddie Long, former Oregon Governor Neil Goldschmidt who confessed his guilt, and R&B singer, R. Kelly had bouts with the accusations as well. Without a doubt, the Catholic priests seemed to take the lead in such an evil taboo that society has been forced to talk about. So-called cult leader, David Koresh, of the Branch Davidian was also accused as well as the Mormons of Utah, who have always been held in contempt by the other 49 states that look down on them for their lawful practice of polygamy.

In the case of the Catholic Priests, it is strange that to my knowledge, I haven’t seen any of them ever serve a prison sentence. My best guess is, they are covered by the Vatican, which is its own sovereign entity. So there is no way they can really be sued. So basically, what we are seeing is more or less “here is your money, leave us alone payments, that are made out to be civil law suits for damages, emotional distress, and ‘pain and suffering.’

However, none of these made my ‘conspiracy theory’ alarm go off as did the infamous 2002 case of H.E. Rev. Dr. Malachi Z. York-El, who was known as the leader of the Nuwaupians. To bring the reader up to speed, H. E. Rev. Dr. Malachi Z. York-El, is a Consul-General and Diplomat for Liberia, West Africa, whose passport number is: D/003828-04, which would bring with it Diplomatic Immunity. Accusation per accusation, this case seemed to me very bizarre and far-fetched. Rev. Dr. York was accused of molesting up to 13 children, up to 10 times a day, for up to 10 years!! My first thought was, “That is a lot of sex,” and immediately my suspicions started.

Just think, if we take one child for let’s say 5 times a day for 5 days a week, if I am correct, that is 25 times of having sex in one week. Now, multiply that 25 times by 13 children and that is 325 times he would have had sex for that week, correct? Now, we take 325 times a week by 52 weeks, again if I am correct, that comes to 16,900 times he would have had sex in a year!!!! Now, let’s take that into perspective against the 20,000 times the Great Wilt Chamberlain said he had sex in his lifetime!! I would also challenge any pornographic film star to equal those numbers as well. OK let’s finish it up, take that 16,900 times 10 years, if I am correct again, that comes to 169,000 times!!!! Which in my mind would be a world record indeed. I was quite surprised when Viagra didn’t want to use him as a spokesman and even more surprised when Guinness Book didn’t list him as well!

While downtown Atlanta, I ran into some men who were ‘propagating’ the Nuwaupian doctrine and defending Rev. Dr. York’s innocence. Many of the issues I had with what was being said in the media about the case were confirmed with my conversations with them.

Issue 1: How could Rev. York be arrested even after presenting his Diplomatic credentials to the arresting officers? The Nuwaupians answered that because of the doctrine that Rev. York has presented to the world, there are people who wanted him off the streets as a free man at all costs. Taking into consideration, that Malachi York is also a sovereign who knows what his status and the UCC CODES entail. This was also something that he wrote about in one of his books called, “Let’s Set The Record Straight.” In it he outlined the history between America and Morocco and the treatise that were made between them, namely the Treaty Of Peace And Friendship, which is the oldest treaty that is still recognized to this day.

Issue 2: Why would Dr. York plea guilty after originally entering a plea of innocent and the evidence clearly proved him innocent? This was done because Dr. York was told the women who were with him at the time of his arrest, would be let go if he would plea guilty, being that they were Innocent and it was he who the prosecution really wanted in the first place.

Issue 3: How the hell could somebody possibly have sex that many times, yet alone have enough time? Again, they confirmed my suspicions with facts and common sense. It was clear that children were behind this plot, because any adult would have know it is impossible to have sex that many times. Put to me as such, H. E. Malachi Z. York has written over 400 books. That’s right over 400 books!! Now, find any person who publishes books and ask them how long the process of writing and publishing just one book is and see what they say.

Issue 4: How did the whole mess start in the first place? They told me that it was all started by a group of kids who lived on the Nuwaupian land and could not break rules as they wanted. It was against the rules to have sex if they weren’t married, they couldn’t dress in skin tight clothing and go out to party. They got fed up with the rules that were in place to keep the order that was established by Dr. York and that was their way of getting back at him. They then conspired with the racist sheriff by the name of Howard Richard Sills, of Putnam County, GA, who hated the Nuwaupians and could not come to grips with the reality that a group of Black people lived together, had wealth and no criminal records. In return, for a conviction, the government promised them they could sue Dr. York for millions of dollars and split the pot between them.

It was also the result of the 476 acres of land that the Nuwaupians owned stood in the way of an economic plan that the Putnam County government had in development for the next 20 years. This economic plan included turning the city of Eatonton/Putnam County, GA into a tourist attraction/resort area of sorts. This also had ties with neighboring Greene County that has a major resort area called Reynolds Plantation and a Ritz-Carlton Hotel. Reynolds Plantation is owned by Mercer Reynolds, who is a close friend and business partner of Former President Bush the younger. Recently, Reynolds has been in the headlines for having to sell some his assets to satisfy lenders.

Now with all these things being said, let’s look at some medical evidence to prove that Rev. Dr. Malachi Kobina York could not be guilty of these false allegations:

1. Dr. Frederick Bright, MD OB/GYN, who is licensed to practice in the state of Georgia, was called in as a medical expert by the family of Dr. York to review the information and evidence that was brought in by the government/prosecution as early as Dec. 2002. After his examination of the evidence and testimonies of the alleged victims, he found many what he termed ‘consistent inconsistencies.’ This case was purely a ‘hearsay’ case!

2. In child molestation cases it is the normal procedure to have medical examinations done within 72 hours of the alleged molestations, the acute stage of the alleged events, to obtain forensic evidence-skin, hair, semen, saliva, etc, from the genital areas. What Dr. Bright found was that no history of events was taken by the examiners to determine the level of evaluation necessary for each victim which is very critical.

3. Some of the children had STD’s, including Chlamydia and Herpes 1. Dr. York upon examination, was found to have had none of these diseases and did not even have the anti-bodies present to suggest that he was even treated for any of these diseases and had them cured. For the record, all of the alleged victims didn’t have an STD. This shows an inconsistency. They all should have had the same STD, because they testified that Rev. Dr. York would go from one to the other. There was no DNA evidence ever found to suggest that Rev. York had engaged in any sexual acts with any of these alleged victims. There were no pregnancies. There were no testimonies of condoms being used and these girls were at the age of puberty.

4. When interviewed, none of the children gave any exact dates of the “molestations” that occurred. This includes nothing about “I remember because it was two days before my birthday.” They always gave very vague time frames, like it was the summer of 1998 or it was the fall of 1999, which doesn’t give a defendant anyway to prove he was not in said place at said time. Many of their testimonies contradicted each other about who was present when what they saw was supposedly happening to the other. There were also no mentions or testimonies by any of the alleged victims of any abortions or anything about each time Dr. York changed the bedding or anything about plastic covers on sheets.

5. There were no recorded interviews or statements(written, audio, or visual) from the alleged victims that could be evaluated by the defense experts which means the government/prosecution could make any statements necessary to bring charges against the accused. This is very important because the absence of recorded interviews prevents scrutiny of the prosecutions statements by the defense. Also, in the event contradictory information is identified, the contradictions can easily be dismissed or explained away by the prosecution. THIS TYPE OF CONDUCT SUGGESTS THAT THE GOVERNMENT/PROSECUTION HAD NO INTEREST IN ACCURATELY RECORDING THEIR FINDINGS OR THE VICTIMS WERE GIVING UNRELIABLE STATEMENTS. WHICH EXPLAINS WHY THE COURT WAS CLOSED TO THE PUBLIC DURING THE TRIAL AND THE TRANSCRIPTS WERE SEALED AFTERWARDS!!!!

6. 5 other children were taken from the Nuwaupian land that was called Tama-RE, Egipt of the West, without consent and knowledge of their parents and given examinations by state agencies and not one of them were found to be abused, sexually, mentally, or physically.

7. 8 of the 13 who originally alleged abuse by Dr. York, recanted their own testimonies on sworn affidavits. Too add to that, many of their own immediate family testified against them and said they were lying

8. The government’s ‘Star Witness’, Abigail Washington, recanted her testimony of abuse as well on a sworn affidavit and even recanted her testimony that Rev. Dr. York was guilty of the money structuring charges.


10. Assistant D.A. Richard Moultrie, stated for the record that he had no video tapes to prove any of the allegations. This is important because supposedly, video tapes were said to have been made of Dr. York engaging in these alleged acts.

In closing, I would like to add some little known facts about Rev. Dr. York that I found from doing a little research. Dr. York over the past 40 years has written more than 400 books on religious, scientific, and historical topics. THAT’S RIGHT 400 BOOKS!! Anyone who has written a dissertation, thesis paper, research paper, documentary, etc, knows how much energy and time goes into writings such as these. So ask yourself, “How the heck does someone have enough time to write 400 books, yet alone do it while molesting 13 kids everyday, all day for over 10 years?” IT’S ABSOLUTELY IMPOSSIBLE!!


Common Mistakes When Choosing a Career

First of all, let’s divide the reasons for choosing a particular profession to external and internal. External reasons are related to environmental factors: the opinion of parents and friends, desire to achieve success, fear of condemnation. For internal reasons only you are responsible – they are defined by your abilities, skills, habits and character.

So what makes a modern young person choose a particular career?

Top reason is prestige.This reason can often become a trap. These days economical and law specialties are the most popular ones. However, job market feels redundancy of specialists in these fields. The conclusion is simple: there is no sense in relying on prestige of career only. At all times, some professions were considered prestigious, while others were believed, to say the least, unworthy. There is, for example, a profession of cesspool cleaner who wants to be the one?

Meanwhile, the society needs economists and lawyers as well as nurses, plumbing specialists, street cleaners etc. So put your interests and abilities in the first place and only then think of prestige. Remember that every highly professional individual, be it lawyer, doctor, or simple worker, is equally respected.

Michael Weller has a story about a man who was dreaming to become a street cleaner. And then what?He graduated from high school, he entered a college because his parents wanted him to do so, all his life he tried to learn something he didnt want to do. And then, when he retired, he became a street cleaner, and finally found happiness.

It is not recommended to choose a career under pressure. You can only listen to the opinion of your parents or friends, but the career choice is your own business, no one will live your life for you. Imagine that you have chosen mathematics because your mom wanted it. A year has passed, two, or even five and you understand how passionately you hate all those numbers and formulas, and this work seems so dull to you! Wouldnt you be sorry for all those wasted years?

Similarly, if you dream to enter a medical school to accompany your friend, think whether it is worth to become a physical therapist, or surgeon, or dentist, if you are fainting from a little drop of blood.

Have you ever wondered how many years of hard work were spent by the ballerina to reach success?If you are intrigued by the “visible” side of some career, it does not mean that you fully understand what it takes to become a professional in this particular field. You are watching ballerina flits on the stage like a butterfly. And when admiring her beautiful dance do you think of years of hard work, pain in muscles, and dozens of disappointments that led a ballerina to this particular moment?

Ignorance or underestimation of some of your physical features and shortcomings is one of the false guides to the right career choice.

If you have a heart disease, lets face it, you wont become a pilot. People with allergy cannot become chemists or hairdressers. It is unreasonable to dream about career that can worsen your health. In some cases health problems become an obstacle for some kind of work, and you should submit it.

In any case, do not think about career choice as of something unchangeable, something that once and for all determines your destiny. You have a long life ahead of you, and you can always find some time for training, courses, and even radical change of career.


Computers and Health

The Law
The number of computers in the workplace has increased rapidly over the last few years and it is now quite normal for most staff in voluntary organisations to be exposed to computer usage. The Health and Safety at Work Act lays down legal standards for computer equipment and requires employers to take steps to minimise risks for all workers. Workers have received substantial damages for injuries caused through use of computers where the employer could have foreseen the risk but did nothing about it. The main regulations covering the use of computer equipment include:
Health & Safety (Display Screen Equipment) Regulations 1992
Management of Health & Safety at Work Regulations 1992
Provision and Use of Work Equipment Regulations 1992
Workplace (Health, Safety and Welfare) Regulations 1992 Improving health and safety practice should be taken seriously, although it need not take much time or expense. Measures employers should take include:
Understanding the law – make sure someone in your organisation has a health and safety brief covering all areas, not just computers.
Being aware of the health risks – the government officially recognises some of the risks although there are some grey areas you’ll need to make up your own mind about.
Assessing the risks – using procedures set out in the law – be systematic and get help if you need it. Get a health and safety audit done by a competent organisation if necessary.
Taking steps to minimise the risks – this may only involve taking simple measures.
Training all users to recognise the risks – if people aren’t aware of the dangers they can’t take adequate precautions to protect their health.
Taking users views seriously – if users feel there is something wrong there often is.The Risks
With the increase in computer use, a number of health and safety concerns related to vision and body aches and pains have arisen. Many problems with computer use are temporary and can be resolved by adopting simple corrective action. Most problems related to computer use are completely preventable. However it is important to seek prompt medical attention if you do experience symptoms including:
continual or recurring discomfort
aches and pains
burning sensation
or stiffnessSeek help even if symptoms occur when you are not working at your computer.

Laptop computers can present particular problems due to small screens, keyboards and inbuilt pointing devices (e.g. a small portable mouse or touchpad). Prolonged use of laptops should be avoided. If using a laptop as a main computer (i.e. use as a normal desktop computer in addition to use as a portable), it is advisable to use the laptop with a docking station. This allows an ordinary mouse, keyboard and monitor to be used with the laptop. The main risks associated with using computers include:
Musculoskeletal problems
Eye strain and a greater awareness of existing eye problemsRashes and other skin complaints have also been reported, although it is thought these are caused by the dry atmosphere and static electricity associated with display units rather then by the display units themselves. There are potential risks from radiation though this is a contentious area.


Consideration in UK Contract Law

The general rule in English law is that a promise will not be legally binding unless made in a deed, or supported by some form of consideration. If no deed is present, then for a contract to be held as legally binding both parties must provide consideration. The definition of consideration was considered and defined by Lord Dunedin in Dunlop v Selfridge Ltd [1915] AC 847, as follows: “An act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable.” Often, in commercial disputes the existence of consideration is a key factor in establishing whether a valid contract exists.

A distinction is often drawn between executed consideration, and executory consideration. Executory consideration exists where the parties exchange promises. Whereas, executed consideration exists when the promisor asks for something in exchange for his promise. The promisee then provides consideration by providing to the promisor what he has requested.

There are several key legal principles that govern consideration in UK contract law. Firstly, past consideration is not valid consideration. When determining whether consideration is past, the Courts are not bound to apply a strict chronological test.

Secondly, consideration must move from the promisee. However, this does not mean it must move to the promisee. The common example of this as an everyday occurrence is when goods/services are paid for by the use of a cheque. In this scenario, the issuer of the cheque makes a promise to the supplier of the goods/services that the cheque will be honored, and the supplier provides consideration for this promise by supplying the goods/services to the customer.

Another important principle of consideration in contract law is that the consideration must be sufficient but need not be adequate. An important case precedence on this principle was set in Chappell & Co. Ltd v Nestle. Co Ltd (1960). In this case, the chocolate manufacturer Nestle held a promotional offer that members of the public would receive a free music record by sending off three wrappers of the Nestle brand to the company. The case itself involved a dispute of copyright, and the determining factor was whether a valid contract existed between the claimant and defendant, with the consideration in dispute. The Court in this case held that the wrappers formed part of the consideration, it was irrelevant that they were of trivial economic value.

Lastly, if an individual is under a public duty to perform a certain task, then the promise to carry out performance will not be valid consideration. An exception to this rule is if the individual exceeds their public duty then this may be valid consideration. The case of Glassbrook Bros v Glamorgan County Council [1925] illustrated this principle. In this case, the police provided protection during a miners strike, although they disputed the required amount of protection, they provided the requested amount. After the strike concluded, the police issued an invoice to provide for the increased amount of policing protection that they allocated to the strike. The invoice was refused on the grounds that the police had an existing duty. In a 3:2 decisions the Court ruled that the police had acted beyond their public duty, and so the invoice was enforceable.


Contest a Will in Cyprus


A person (the testator) determines the ways in which his/her immovable and movable property will be distributed after his/her death through a will. However, in some cases, the inheritors or other individuals may not be satisfied with the stipulations of the testament. Therefore, individuals who are in such a situation should be aware that they contest a will on various legal grounds so they may need a professional legal guidance as contesting a will is a very complicated legal task. Our legal team of Cyprus lawyers is able to provide you with all the necessary legal support.

How to contest a will?

First of all, in order to challenge a will, an individual must prove that there is something incorrect with the will or that there is something wrong regarding the conditions under which the will was drafted. In other words, an individual who wishes to contest a will must have a legal basis regarding the way the assets of the testator were distributed or the way in which the will was drafted.

Legal grounds on which a will can be challenged in Cyprus:

Undue Influence: It is necessary to be proved that the testator drafted the will under an improper pressure or influence of another person. Another case of undue influence is when the testator singed the will without his/her consent due to the influence or pressure of another person.

Lack of legal capacity to draft a will: It must be proved that the testator did not have the legal capacity to make a will. According to article 23 of the Cyprus Wills and Succession Law (Cap. 195), only adult persons of sound mind have the legal capacity to draft a valid will.

Invalid wills: It is necessary to be proved that the necessary legal requirements under which the document was signed were not met. A valid will must be signed, dated and witnessed by two adult persons of sound mind. If the document is comprised of more than one page, then every page must have the initials of the testator and witnesses. The final page must be signed by the testator and the witnesses. A valid will must be written in accordance with the provisions of Cap.195. For more precise information, please contact one of our lawyers.

Fraud or Mistakes: It is required to be proved that the executor committed a fraud at the moment when the document was signed. Moreover, a will can be challenged in the case that mistakes, such as typing errors, appear in the document.

Challenging a will is a demanding and complex legal procedure. As a result, the assistance of a professional probate lawyer is important. A professional probate lawyer will review thoroughly all the facts provided by you and he/she will offer you the best possible solution.


Create the Right Kind of Interest in Your Law Firm on the Internet

In the pre-Internet age, it was difficult for law firms to publicize their services. State laws imposed strict limits on the way law firms were permitted to advertise, and even now, law firm websites have to publish disclaimers that they are providing marketing information only and not giving legal advice.

This gave law firms only a few options to market themselves. They could place their law firm’s name in the yellow pages or pay to be listed in the Martindale Hubbell, the famous encyclopedia of lawyers worldwide.

Law firms used to rely almost exclusively on their firm’s good reputation to draw in new business. Word of mouth recommendations by satisfied clients were key to a law firm’s survival. Famous litigators never lacked for clients because they would have newspaper or television coverage of their trials, but an average law firm with a clientele of low-profile companies would be off the radar.

Before law firms began developing their own websites, unless a potential client already knew about a particular law firm’s or a particular attorney’s expertise, they would have to consult with their friends and acquaintances, explaining the nature of their legal problem, and hope that the referral they received would be a good one. The bad news is that if a law firm neglects to create a quality website or does not bother to monitor the way its name comes up on the internet, there is a good chance that potential customers doing a web search on the law firm’s name could come up with information which may be detrimental to the client’s assessment of whether to engage the firm. If only for this reason, it’s crucial that a law firm pay attention to how they use the internet to market their services. Many law firms have links on their websites to articles about the particular legal issues that they specialize in, such as estate planning or immigration law. These articles can be the determining factor for potential clients in deciding to contact the firm.

A law firm website should list where each attorney holds their bar membership or other certifications.

Many larger law firms publish lists of representative corporate clients. In addition to demonstrating the breadth and quality of their law practice, this kind of listing also helps a potential client find out whether there might be a conflict of interest in their seeking to engage the law firm. Depending upon the kind of dispute and the size of the law firm, these conflicts often can be worked out by creating filewalls between the attorneys representing conflicting parties, but only if there is not a direct conflict.

It’s important to include information on the locations of any of the firm’s satellite offices. Potential clients who need a particular kind of legal representation will be more inclined towards a firm that has nearby offices even if the firm’s flagship office is in another state.

Law firms creating or updating their websites should highlight information that potential clients want to know, such as office locations and contact numbers, succinct information about their practice area expertise, and links to attorney biographies and informational articles about the practice.


Cyprus Probate Law Resealing Of Probates Or Letters Of Administration

Estate planning denotes the process of arranging the disposal of someones property, including immovable and movable property after his/her death. Obviously, estate planning may eliminate obstacles and doubts over the administration of estates.
In the Republic of Cyprus, all matters related to estate planning are regulated by the following legislations:
Wills and Succession Law (Cap. 195).
Administration of Estate Law (Cap.189).
Probates (Re-Sealing) Law (Cap. 192). The sealing by Cyprus courts of probates or letters of administration granted by courts of other jurisdictions outside the Republic of Cyprus is regulated by Cap.192.
The necessity to reseal a grant of probate or letters of administration emerges when the deceased person was not a resident of the Republic of Cyprus, but he/she has property in his/her name in Cyprus.
Section 4 of Cap. 192 provides that The Court shall, before sealing a probate or letters of administration under this Law, be satisfied that:
a)the probate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Republic;
b)in the case of letters of administration, the security amount is sufficient to cover the property, if any, in the Republic to which the letters of administrations refer to;
Moreover, section 4 provides that the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
According to section 5, the Court may also, if it judges necessary, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors who reside in the Republic.
Application to seal a grant of probate or letters of administration can be made to the President or a District Judge of any District Court within the jurisdiction of which the deceased person had property at the time of his/her death.
The application may be made by the executor or the administrator or their attorney, duly authorised to re-seal the grant under the provisions of Cap. 192.
Furthermore, the application must be by summons and should be accompanied by:
The probate or letters of administration, sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same ;
An oath of the executor, the administrator or the attorney in the prescribed form;
The power of attorney, in case the application is made by an attorney;
A bond covering the property of the deceased person within the Republic, provided by the administrator or his/her attorney on application to seal letters of administration.
Have in mind the following:
Notice of the application enclosing a note of a day scheduled for the hearing must be published in the Official Gazette and one daily newspaper. A copy of the publications must be attached to the application.

What we can do for you:
The lawyers of Michael Chambers& Co. LLC are able to provide you an adequate legal support on all the matters related to estate planning solutions, succession and wills regulations, administration of estates, and resealing a grant of probate or letters of administration. Michael Chambers and his team are committed to providing clients with custom-made solutions that will address their needs.
Among others, our legal services include:
Legal guidance concerning your domicile and how this may influence your succession planning in Cyprus;
Drafting a will or trust;
Legal support regarding administration of estates;
Legal support and guidance regarding the execution of a will or trust;
If you wish to speak to one of our lawyers, then please contact us at .


Dabba Trading

As a part of the investor education, it is important to know the good as well as bad practices prevailing in the market. We often read about dabba trading, not being
permitted by the regulators. Many do not know the nmechanics, and also the risk associated with it, till now. Dabba means box and a dabba operator, in stock market
terminology is the one who indulges in dabba trading. His office is like any other brokers office having terminals linked to the stock exchange showing market rates of stocks. However, the difference is that the investors trades do not get executed on the stock
exchange system but in the dabba operators books only. A dabba operator acts as a principal to all the trades and not as an agent of the client. He is a counter party to the
trades, whereas, he should be the Clearing Corporation who guarantees trades on the BOLT/NEAT system. This kind of operation, where trade is kept within the books of
the operator is called “dabba” in the popular market terms.

A Dabba operator flouts rules and regulations relating to Client Protection, which includes registrations, margins, transaction, execution and settlements. Not only he evades the Income tax regulations, which prohibit dealings in cash, but also service tax rules and many other mandatory requirements.

It may be learnt that the Securities Contract Regulation Act permits securities transactions only through stock exchanges unless the settlement of the trade is done on
a spot basis i.e. the receipt and delivery of shares happen within 24 hours of the trade. But a dabba operator allows the client to carry forward the trade, be it in cash or in derivative segment for a period, not necessarily prescribed by the stock exchange. The cash trade is not settled on rolling basis and the derivative trade may not have a month-end settlement cycle.

In dabba trading, most of the times, neither written contracts are made, nor the bills are issued .The settlement cycles are authorized by the dabba operator, himself. There is no daily mark to market settlement if the trade is in clients favour, whereas losses are extracted regularly from the clients.

This presents before us the picture of an outlaw practicing amidst us, the organized price discovery mechanism of stock exchanges to run an illegal business, while maintaining the faade of a stock market broker. It is a criminal offence, not much different from smuggling or black marketing. As a result, frequent raids are conducted on dabba trading operators in which their computers and records are seized. Those working in his office are also taken in the custody just like drunkards found in the illegal toddy
shop. The Gujarat police has conducted several raids in the past and alerted citizens. Media has also played its role in reducing the menace of dabba trading. Some dabba traders hedge their positions in the market by partly executing the trade in the market,
maybe in their own proprietary accounts or some benami names. Dabba traders disappear when the market goes against them, resulting in huge losses for their clients. The brokers who permit such activity in their branches or even sub-brokers offices are the affected parties. Stock exchanges take complaints against dabba trading very seriously and enforce strict penalties. Even suspension is levied, if stock exchange inspections confirm the complaint.
As Sensex jumps, resulting in the spurt in trading activity, dabba traders bounce back in the business. Hence constant vigilance is required. Most important, people should not patronize such traders.

The clients patronizing such dabba traders may find some short-term benefits here. They do not follow Know Your Client norms; fill cumbersome forms, sign long agreements and requirements like PAN card. Margins are bypassed and leveraging is freely available. Unaccounted cash is used for making payments rather than making payment by cheque. It must be understood that dabba traders are fair weather
friends. They seldom honour their commitments, particularly when market is against them. Dabba shops close overnight, with traders disappearing from the locality. They go to the extent of employing goons for the recovery of losses. In such a case, neither Stock Exchange Arbitration is available to the investor nor there is any access to customer protection funds. The Security blanket provided by the Security Market
Regulations is also not there.

India is a country where the respect for law is scant. Our holy epic Ramayana prophesies compliance of the law. Sita was kidnapped by Ravan because she did not follow the instructions of Lord Rama and crossed the Line. Inspite of our rich cultural past, we demonstrate noncompliance to our children, early in their lives. We notice
parents as well as teachers breaking traffic signals just outside the school campus, as there is no penalty levied. Such small instances showing indiscipline grow leading
to casual approach towards law.

Globally, Indian Securities Markets have earned a “Place of Pride. Indian investors have gained a lot from the rising indices. Let us be alert citizens and report all instances of dabba in our locality.

Remember healthy market is the foundation of wealth creation.

Buying gold on the stock exchange?? Impossible, it is a commodity; we have to go to the commodity market. Well, buying gold on the stock exchange is now possible with the eminent introduction of Exchange Traded Fund that will invest in Gold only. ccumulation of gold for a marriage in the family is a popular Indian custom. Instead of physical acquisition of gold or demating the same we go a step forward and buy shares that
represent gold. Let us first understand the concept of Exchange Traded Fund (ETF) then understand about the advantages of buying gold ETF.

EFT is defined as a security that tracks an index, a commodity or a basket of assets like an index fund but trades like a stock on an exchange and experiences price changes throughout the day as it is bought and sold. ETF were first launched in 1993 in United States. Their popularity as a structured product has grown immensely because of the benefits it provides to investors and traders. The issuance of EFT is just like a
primary market IPO or a mutual Fund NFO. Shares are issued by the Fund manager and listed on the exchanges. Investors can buy and sell these shares from the secondary market through their brokers. ETF are often called as index shares, are a hybrid of index mutual funds and stocks. Some popular funds are

ETF nameETF SymbolUnderlying Asset which it tracks
StreetTracks Gold SharesGLDGold
SpiderSPYS&P 500

The advantages of a Traded fund shares are :
Tradable and diversifiable: ETF offer a unique advantage as they are diversifiable like mutual funds and also can be traded like stocks. Mutual funds cannot be traded each day like a stock.
Low cost: ETF like an Index fund does not require active fund managed and is therefore cheaper as passively managed.
Transparency: ETF is a very transparent instrument, as everyone knows the underlying asset.
Makes multiple trading strategies possible: Arbitrage opportunities between cash and futures market can be availed at low cost. Trading strategies can be applied with stop loss orders.

The disadvantages are:
Broker and commission costs: ETF are traded through brokers and hence every time brokerage has to be paid which becomes costly affair if regular trades are done.
Premiums and discounts: An ETF might trade at a discount to the underlying shares. This means that although the shares might be doing very well on the bourses, yet the ETF might be traded at less than the market value of these stocks

There are different types of ETF unlike close-ended funds can create or cancel units as investors enter or leave the fund. The size of the ETF, rather than the price, will fluctuate based on the demand and supply for the ETF. There are several ETF launched till date
they can be broadly categorized as follows:
Global ETF: There are ETFs tracking indices beyond the domestic markets. Ex specific regional funds that track fast growing markets in China and Korea.
Fixed Income ETF: ETF tracking fixed income products. ETF in this case may declare and pay dividends.
Commodity ETF: ETF that track commodity or commodity indices take advantage from the gains in the commodity market.
Currency ETF: ETF tracking currency or currencies. Ex ETF- Euro Currency Trust
(FXE) was introduced in Dec 2005 which trades on the NYSE. Hence investors can
take exposure in Euro through this fund.

It is also important to understand the difference between a Mutual Fund and ETF :
Trading in ETF takes place on the stock exchanges during trading hours. The Mutual fund units are however purchased from the Mutual Fund at NAV at the end of the day. The expenses are low in an ETF since there is no active fund management involved as in case of mutual funds. The costs in mutual funds are higher in short term since they are subject to load fees, annual management fees, exit fees etc. These are intended to discourage frequent trading. Dividends are rarely made in EFT whereas there are frequent dividends made depending upon the stocks the mutual fund is holding. As per Indian tax laws redemption amount received from mutual fund units are not subject to tax, however in case of EFT if representing gold, which is a commodity and not stock there would be tax payment in event of appreciation. ETF are regulated by the same authority, which regulates mutual funds. In the Indian context SEBI is the regulator.

ETF is not a new concept in India. There have been two ETFs launched in India one is based on Sensex which was called Spice and another was launched with Nifty as
an underlying asset, it was gold Nifty Bees. However both these instruments failed to attract the attention of investors. These instruments allowed the investors to buy index in the form of shares. The investors apparently preferred to buy shares included in the index directly by buying index baskets or purchased index in derivatives

Falling interest rates has forced Indian household to look at other classes of assets to hedge their portfolios as well as improve the yield on their basket of assets. Given
the fascination for gold among Indians the current launching of gold-based EFT has obvious advantages. Gold can be bought like a share on stock exchanges; storage will be done by the Fund manager, no security risk, no impurity risk, and no cost of making charges. Costs will be low and same channel of trading and delivery like shares will be used. Innovation of products in Indian markets is welcome. Time will tell whether despite obvious advantages Indian savers will continue to buy gold from jewelers and banks or from the stock exchanges.