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How To Empower Your Client
Most divorce clients initially feel “powerless” about the events of their lives and their potential divorce litigation. With some creativity, attorneys can encourage their clients to take affirmative steps from the onset, and permit them to feel proactive instead of reactive to the circumstances in which they find themselves. This initial interview with a client carries significant weight and sets the tone for the attorney-client relationship. Attorneys can impress a potential client with their experience in dealing with these issues and solidify the client's trust in their expertise. The creation of trust in the relationship must occur. To accomplish this goal, the attorney must listen to the potential client's facts. Depending on the circumstances, the attorney analyzes the information presented, counsels the client on what facts are important to prove the case and informs the individual how to obtain them. The “empowered client” now has a sense of direction and actually may uncover significant information that might resolve or alter the final result of the case.
Based on my own experience and years of working with forensic accountants and private investigators, I have developed strategies and tactics to focus the client in a positive manner to obtain documents relevant to the case. By following these strategies, clients feel a greater sense of power, and attorneys achieve their objectives for the case.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.