One of the oldest fraudulent practices includes the added scam of identity theft. By co-opting existing listings, clever scam artists follow the bids that property buyers put in on listings and then respond using the name and identity of the actual seller. They usually ask to meet in person and leave real estate agents out of it under the premise of not wanting to pay an agent.

When pretending to be a homeowner or an agent doesn’t satisfy them, many con artists will even form fake realtor companies. Like the deception used to make you believe they’re an agent, they find abandoned properties and make them just presentable enough on the surface to be believable. They try to get you to commit without visiting the property personally, and any wear you catch may be brushed aside when they present the property as a fixer-upper.

The post Real Estate Fraud: first appeared on mdv.legal.

While a fee may sometimes seem large, its size in relation to the value of the service and to the methodology employed in achieving a particular result is generally relatively small.

To evaluate your attorney’s fee quotes, you might consider:

• The value to you of the services which were provided
• The skill that went into the result as compared to the skill levels of other attorneys you did not select
• The money relief in saved costs, expenses, and taxes provided to you and your family
• The speed with which the result may be obtained, and your confidence in the professional, his or her process, and the likely results

What are the various types of fee arrangements used by attorneys?

Attorneys use various types of billing methods which include:

• The hourly rate: the attorney and the attorney’s colleagues, associates, paralegals, and assistants all charge for their time at standard hourly rates allocated to the values of their respective time as chosen by the attorney. Progress billings are usually sent out monthly. Time records are typically kept in increments of one-tenth of an hour (i.e., 6 minute segments), one-sixth (10 minute segments), or one quarter (15 minute intervals) of an hour, depending upon the standard practice of the particular attorney.
• Value-added billing: in addition to standard hourly billing, the client is billed for any significant or unusual value that is added by the attorney’s efforts. This type of billing is generally used when an attorney comes up with a particularly innovative solution that has great economic value to the client.
• Contingency fees: The amount of the attorney’s fee is contingent upon successful results being achieved for the client in the particular matter. The amount of the fee is expressed as a fraction or percentage of the amount of the client’s recovery or the savings generated by the attorney’s efforts.
• Flat or fixed fees: The attorney and client agree in advance on the amount that will be charged for the particular matter regardless of the time spent or the results achieved.
• Combination fees: Typically an hourly rate or contingency fee is charged, but there is a guaranteed maximum.
• Retainer: The attorney charges a fixed amount for undertaking representation. Depending on the circumstances, the amount of the retainer can be neither nonrefundable or applied against another billing method agreed upon by the attorney and the client.

Because of the nature of estate planning legal work, contingency fees are not generally appropriate. Estate planning services are usually performed by experienced estate planning attorneys on either a straight hourly rate basis, an hourly rate with a guaranteed maximum, a value-added billing arrangement, or a flat of fixed fee. A retainer may or may not be required depending upon the attorney’s policies.

The post Costs of Estate Planning: first appeared on mdv.legal.

• Stop your vehicle immediately. Of course, you do not need to stop at an accident if, for example, you hit a tree and only damage your own car or injure yourself. There is a legal and, indeed, a moral obligation on you to report a collision to your nearest police station if you hit a lamp standard or say a stationary vehicle and the accident is not witnessed.
• Check the nature and extent of any injury to another person.
• If the person has been hurt, do all you can to help by administering first aid, (if you know how), summons the police and, if necessary, an ambulance. If you know nothing about first aid, please do not try to render assistance as this may do more harm than good!
• Determine the nature and extent of any damage suffered.
• If you are required to do so by any person entitled to such information, provide and obtain the following information:

• name, address and telephone number of both drivers name, address and telephone number of the owners of the vehicles
• registration numbers of both vehicles
• names of the driver’s owners insurance company insurance broker
• full details of the place and time of the collision and the road conditions and visibility at the time
• make a short note (to jog your memory) of what you recall occurred immediately before and at the time of the collision (including a description of what happened, the speed at which the vehicles were travelling, whether the lights were on or off, whether the other driver was indicating etc)
• if you are fortunate enough to have a camera with you at the time of the collision, take photographs of the scene of the collision from various angles. If not, it is always a good idea to return to the scene as soon as possible thereafter, to take the necessary photographs
• measure distances from the point of the collision to identifiable landmarks such as traffic lights, lamp standards, stop signs and the like and make a rough sketch showing the position of the vehicles immediately before and after the collision
• if you are fortunate enough to have witnesses, make sure to take down their full names, addresses and telephone numbers
• do not admit liability for the collision, whether to the driver of the other car, a bystander or to the Police, as this may prejudice any claim that you may have either against the other driver or in respect of your policy of insurance . On the other hand, if the other driver apologizes for the collision and admits liability, do not hesitate to have him sign a written admission of liability there and then and, if possible, have that statement witnessed. On the other hand, if he is not prepared to commit his apology to writing, endeavour to persuade him to make his admission in the presence of a responsible official, such as a police officer
• if a person or animal has been injured, you are not allowed to move the vehicles, even if they obstruct the traffic until you are given permission to do so by a traffic officer or unless either vehicle completely obstructs the road. However, if you do move either vehicle, it is important to chalk out its position before doing so. On the other hand, if no-one has been injured, it would be important to move the vehicles out of the road to prevent a further collision with oncoming traffic
• if you are obliged to have your car towed away, agree the charges in advance, otherwise you could be in for a nasty shock when presented with the bill later. Similarly, if you are a member of the Automobile Association (AA), make sure that only an approved tow-in service is utilised, as the AA will not pay for such service otherwise and you could be substantially out of pocket
• if there is a traffic officer at the scene of the collision, you are obliged to provide him with such information as he may require. If you do not give this information to such official, you must within 24 hours of the accident, report it at a police station or at an authorised office of a traffic officer (unless you are injured and cannot do so timeously, in which event you must report the accident as soon as is reasonably practicable thereafter). When you report the accident, give only the bare essentials and do not commit yourself to a written statement before consulting your insurance company or attorney
• as soon as possible, advise your broker of the accident (even if you do not intend to claim), as the other driver may lay a claim at a later stage
• Keeping the above in mind, it would be advisable to carry in your car a pen, paper, a first aid kit, torch and red reflective triangles

The post What happens after an accident: first appeared on mdv.legal.