NY LAW

Reecy Aresty asked:


Families who made their best guess as to which of the Education Tax Incentives would save them the most on their income taxes, have put their 2007 tax returns to bed. However, for many, a sigh of relief is a bit premature. Countless families, even when assisted by professional tax preparers, chose incorrectly and will or have significantly overpaid the IRS – AGAIN!

Mark Twain once said, “No man’s life, liberty, or property are safe while the legislature is in session,” and never have truer words been spoken:

On June 6, 2001, President Bush signed HR 2014 into law. This created The Tuition and Fees Deduction, based on Senator Charles E. Schumer’s (D-NY) Make College Affordable Act. However, the president signed a watered down version and consequently, it doesn’t work for the families who need it the most.

For many years, Senator Charles E. Schumer (D-NY) tirelessly championed legislation that would allow families, including independent students, to deduct a portion of their college expenses on their tax returns. Originally, the Senator’s proposed legislation, the Make College Affordable Act, would have allowed millions of American families to deduct up to $12,000 per year from their total incomes to help reduce the cost of college tuition and related expenses.

Unfortunately, to the chagrin of the Senator and to the detriment of untold numbers of taxpayers with college students, HR 2014 offers a dramatically reduced Tuition and Fees Deduction of a mere $3,000 for tax years 2002-2003, and $4,000, for tax years 2004-2006, (extended to 2007).

The drastic slashing by Congress of Senator Schumer’s bill and President Bush’s failure to send it back to them is the case in point substantiating that our government doesn’t give a hoot in hell about the financial struggle the average parent endures in their endless pursuit of the American dream for their children.

Effective legislation to make college expenses tax deductible was long overdue and began with the Tax Payer Relief Act of 1997, which Senator Schumer supported and voted for. The Act created two education tax credits; the HOPE Scholarship Credit (maximum $1,500 a year for 2 years), and the Lifetime Learning Credit (maximum $1,000 increasing to $2,000 in 2003).

Note: A tax deduction lowers taxable income, and the savings depends on the filer’s tax bracket. A tax credit directly lowers taxes by the amount of the credit, dollar for dollar, regardless of the filer’s tax bracket.

Although it was a step in the right direction, The Act fell far too short in providing major tax relief for college families, especially in view of soaring tuition costs and other related expenses that families endure year after year. Nonetheless, the real tragedy is when the Tuition and Fees Deduction is taken by taxpayers who qualify for The HOPE Scholarship Credit or The Lifetime Learning Credit, and consequently, overpay their taxes each year their student is in college!

Affluent single and head of household taxpayers whose adjusted gross incomes (AGI) exceed $51,000, and joint filers whose AGI exceeds $102,000, will not qualify for the HOPE Scholarship or Lifetime Learning Credit, and are therefore, the only ones who actually benefit from taking the Tuition and Fees Deduction. Thus, camouflaged as tax relief for all of America’s college families, what Congress actually did was Robin-Hoodwink lower and middle income families by taking from them and giving to the rich!

Taxpayers only have the option of taking either the tuition deduction or one of the education credits. Those families who took the deduction when they qualified for either of the education credits, cost themselves hundreds of dollars and possible much more.

Think what you may about the Clinton Administration, but remember, it was on his watch that the HOPE Scholarship and Lifetime Learning Credit were signed into law. It doesn’t benefit college families enough, but it’s a good start. It’s certainly better than nothing, and it is still the best tax benefit for the majority of college families – provided of course, they know enough to choose it…



Rhoda Soh

Amy Wells asked:


Although there are a number of legal plans available, there are only a few major players in the legal plan services field. Hyatt Legal plans, a wholly owned subsidiary of MetLife, is a major provider of group legal plans in the workplace. Group legal plans have become a standard employee benefit, and offer low cost legal assistance for employees that is deducted automatically from their payroll check. If you are an employer or an employee, you may want to consider utilizing a Hyatt Legal Plan.

Employer offered legal plans have risen in popularity over the last decade or so. As more people have become familiar with a legal service plan, companies have made these plans more available. Legal plans are attractive to employers because they have have tangible benefits, but do not have high administrative costs for the company. For a low monthly fee, which is withdrawn directly from their paycheck, an employee can have access to an attorney, and receive both complimentary and reduced price services. While a legal plan is something an employee may not purchase on their own, having it directly available to them is an added benefit. This in turn, contributes to a more stable work environment, as the employee will have help with any legal problems that might affect their job performance.

Although the Hyatt legal plan is available individually, it is only offered in a limited amount of states. The primary focus for the plan is as a group benefit directly to companies. These plans service nearly three million employees and related family members, and have a network of more than 9,000 attorneys. In addition to the attorneys, Hyatt legal plan also has customer service representatives available to assist with information about plan benefits.

Group plan coverage addresses a variety of legal issues, and provides comprehensive support on a variety of legal issues. Typical plan services of will and trust preparation, general telephone consultations, and document review are covered, but group plans offer assistance in a wide variety of other areas. Some of the the services in a group plan include assistance with traffic court, debt matters, and estate planning.

Some group legal plans may have limitations or exclusions, such as employment or company related matters where the employee has a conflict with the company they work for. If you are an employee using a group legal plan, its important that you are aware of any exclusions or limits a coverage that may exist. Also, you may have to pay extra for additional plan services.

Having a group legal plan can be an additional benefit for an employee. If you are an employer, you may want to consider offering a Hyatt Legal Plan to your employees, as they offer a wide variety of legal benefits at a low monthly cost. Group legal plans provide can be a valuable asset to your benefit options.



Tamara

Beth Cross-Wilhelm asked:


Many people consider paralegal to just be another word for lawyer. In reality, this is not the case at all.

A paralegal is actually more of a lawyer’s assistant; they are not authorized to give legal advice, contrary to popular belief. They are, however, trained to do many of the tasks which lawyers themselves would normally perform. By having a paralegal available to perform certain tasks such as drafting documents or performing legal research, the lawyer’s time is freed to work on other projects. This allows the lawyer to devote professional time to more substantative topics, and it is also more cost effective for the client, as the paralegal’s time is usually billed at a lower hourly rate than the attorney’s.

Paralegals have a strong background in the way the legal system works, which allows them to act as a virtual assistant for a lawyer. The line between and paralegal services and those tasks that should be performed by a lawyer often differ between firms and areas of practice. It should be noted, however, that paralegal opportunities are available in every practice area, as listed below, giving paralegals the ability to shape their careers to fit their individual lifestyles and goals.

In addition to being trained in various practice areas, paralegals are also employed in a variety of settings. The most common employment setting is a law firm. Paralegals are employed in firms ranging in size from sole practitioners to firms with a global presence. Also employing paralegal services are corporations with in-house legal departments. And finally, some paralegals choose to work for a variety of companies on a contract basis through their own freelance paralegal operation.

Therefore, one of the many perks of being a paralegal is being able to find the right combination of practice area(s) and employment situations so that you’ll develop an enjoyable and fulfilling career which is uniquely your own.

So You Want To Be A Paralegal?

If you have always enjoyed the legal system, but are not ready (or able) to commit to the necessary schooling to become a lawyer, a career as a paralegal may be perfect for you. From Honolulu HI to Rochester NY, and paralegal services are always being sought by a wide range of companies. This normally makes job opportunities plentiful no matter where you choose to live, although when moving to a different state, you’ll need to learn the nuances of that state’s particular legal system – each state does something a little differently.

Aspiring paralegals have a few options. Upon high school graduation, you can enter a paralegal certification program. There are a few types from which to choose, including a paralegal certificate which take only a few months to complete; a two-year degree in paralegal studies; and a more post-graduate type program, requiring that you earn a bachelor’s degree before application. These programs will train you in areas such as research and writing skills, which are applicable to any practice area in which you specialize, as well as give you an overview of a variety of legal topics, such as civil and criminal procedure. When choosing elective courses, however, it’s a good idea to focus your studies in the area of law you wish to pursue in your paralegal career. Be somewhat flexible in your choices, however. Be careful not to specialize too much –a good variety of topics will help you stay flexible in the job market.

When determining your educational path, remember that many firms seeking paralegals are looking for someone with the strongest legal background possible. This means that a four-year program can be most useful. Also, the more experience you get as a paralegal on your resume, the more your career options will expand. So when looking for a job, keep an open mind – experience is key to building a successful career, even if it isn’t in your primary field of interest.

When looking at schools to attend, be mindful that not all paralegal programs are endorsed by the American Bar Association (ABA). Some firms will only consider hiring paralegals who graduated from ABA-accredited schools. So if you are pursuing a career in Rochester NY in paralegal services, check to see which companies in Western NY prefer ABA-accredited training for the paralegals they hire prior to applying to a paralegal studies program.

Education for paralegals doesn’t end with earning a degree or certificate and finding a job. The only constant in the legal community is change. Therefore, to stay current with the ever-changing legal environment, good paralegals subscribe to a variety of news sources and business magazines, as well as attend continuing education seminars. Taking ownership of your knowledge of current events and changes in the law is another key to developing a successful paralegal career.

Practice Areas for Paralegals

As noted above, paralegals can work in a huge variety of practice areas, supporting attorneys who practice in such areas as:

- Bankruptcy

- Business/Corporate

- Collections

- Family Law

- Foreclosures

- Immigration

- Intellectual Property

- Litigation

- Probate and Estate Planning

- Real Estate

- Securities Law

- Criminal Law

-Personal Injury

This is only a sampling of the areas of expertise you can consider for your career. And don’t limit yourself to only one. Each area has its unique challenges. Consider blending a couple areas of interest in your career – that will give you a wider variety of employment opportunities and open the door to potentially different and interesting client and trial experiences.

Be A Major Legal Contributor

A good paralegal at one’s side can be a huge asset to a legal firm or other company. The paralegal support services offered will allow lawyers to stay focused on their clients needs without worrying about some of the more procedural matters. The best paralegals can handle almost anything your firm needs, include finding background information on clients, drafting legal documents, proofreading, doing research, summarizing depositions, organizing records, summarizing documents and much more.

As a paralegal, you may not have spent seven or more years in school after high school, but you can still play an incredibly important role in the legal process as a whole and enjoy a challenging lifelong career, tailored to your specific interests and lifestyle. What could be better than that?



Alfred

James Cochran asked:


Licensed software, and the legal purchase of it, has unique legal contract obligations. Generally, the consumer owns any product they purchase. Although the seller may maintain certain responsibilities after the time of purchase, the consumer still owns the rights to do with it what they wish. One prime example would be the purchase of a car.

However, the contract obligations for legal software, or software that has been licensed and legally purchased, is an entirely different story. While almost everyone is familiar with the term “end-user agreement”, since they agree to one just about every time they download software from the Internet, they’re less familiar with the specifics of the particular legal contract they just signed, and what it means to actually own software. (http://en.wikipedia.org/wiki/EULA) 

Of course, the contract issues related to ownership of software aren’t just of concern to the end-user. All parties involved in the distribution of software including developers, distributors, and so on are responsible (http://contractedge.com/copyrightownership.html) When it comes to a legal battle, any party involved in the life-cycle of software may end up on the wrong side of a dispute when not fully aware of the legal issues involved.

Thus, it’s imperative to be familiar with issues of purchasing software legally, be aware of what constitutes a legal contract in the distribution of such software, and know what kinds of contracts are suitable to various stages of the life of a particular version of software. This preventative method will result in less worry and more security. After all, that’s what a good contract ought to be about.

When speaking of software and contracts, one is essentially discussing licensing. A license is the essential contract pertaining to the selling and/or distribution of software to the end-user. Without a license, a user is fundamentally in possession of illegal goods. (http://contractedge.com/copyrightownership.html) 

Fundamentals of a License

Some software differs from other consumer products due to the fact that ownership of the product is never transferred.  When software is purchased from a company, the consumer is not buying the ownership of the software, but is instead purchasing the licensing that allows them to use that particular software. This is the heart of a legal contract when it comes to the legal purchase of software. However, there are circumstances when software is developed specifically for a company by an outside developer. That software then becomes their property, and a less customized version of the software may be owned by the developer. Understanding this concept will help in comprehending further issues related to licensing.

Licensing in effect is a tool used for manipulating the extent to which users pay for the initial product, continue to pay for use of the product, pay for various services related to the product, and to avoid paying someone else for a replacement product. Influence over all licensing options can often make or break particular software developers and distributors.

While many legal contracts for software may remain stable for long periods of time software consistently changes. Licensing arrangements are extremely flexible, and may alter at diverse stages throughout the lifetime of the software.

The First Stage – The Rise 

The first stage of the life-cycle of software that can be purchased legally by a consumer essentially involves its initial introduction into the market place. This is where licensing becomes important — not only as a tool of legal ownership, but also as a tool of profitability. (http://www.safenet-inc.com/library/8/BestPracticesLMWP.pdf) 

At the beginning of the  software’s life-cycle, the most important aspect of marketing the product is convincing enough users that the software is something they need. Thus, building a licensing strategy along with the marketing goal is of utmost importance. Consequently, the kind of licensing fitting for older software is divergent compared to licensing for software that’s just been designed. (http://www.safenet-inc.com/library/8/BestPracticesLMWP.pdf)

Gaining the attention of the user is vital for new software, as consumer choice plays a life-sized role when  software is first introduced into the market. The software company is able to get a foot into the door by allowing the user an opinion as to the kind of licensing desired. Then the company is able to create more limiting forms of licensing later on. (http://blog.gurock.com/articles/selecting-the-right-license-strategy-for-your-software/)

Utilizing licensing strategies in tandem with marketing strategies can lead to success in the world of software. This is in essence what legal contracts are about in the software world, and therefore, is a key component of licensing.

Once a software product has been introduced into the marketplace, users begin to learn it, gain an impression of its capabilities, and are then ready to build a more lasting relationship with the software company or distributor. Thus, the licensing strategy should reflect this aspect of the growth stage in the life of the software. While capturing user interest is central in the first stage, growing their interest in the product is part of the next stage. (http://blog.gurock.com/articles/selecting-the-right-license-strategy-for-your-software/) 

The Second Stage – Maturity

Legal contract licensing at this stage should be focused on ideas such as non-perpetual licensing. With non-perpetual licensing the user must renew their licensing periodically based on their initial interest and demand for the product. Adjusting price comes into play at this stage, while adapting to volume licensing can maximize the length of relationship with the customer, and the profitability that comes with it. (http://www.safenet-inc.com/library/8/BestPracticesLMWP.pdf) 

It’s at the maturity stage of legal software where most of the crucial licensing issues occur, especially when it comes to maximizing a long-term and profitable relationship with the end-user. This stage determines the ultimate difference between a successful software product, and one that fails to maintain market share.

Non-perpetual licensing agreements become a requirement at this stage.  Users are not only now interested with the software, but desire to keep using it for the anticipated future.  Here is when licensing such as maintenance and enterprise distribution can be introduced and utilized to yield even more of a profit. Having legal contract licensing that maximizes all of these issues for a distributor is the essence of success in the industry. (http://blog.gurock.com/articles/selecting-the-right-license-strategy-for-your-software/)

Stage Three – Decline

Finally, once software has passed its maturity stage, and is ready for some degree of decline, it’s important to develop licensing strategies for legal software that preserve the maturity stage for as long as possible. Creating various innovative products to fit with the original software is one way many companies will extend the life of their product. Such things as supporting rights, courses, and backup licensing are all methods of generating income during the decline. Companies are advised to be careful at this juncture when changing licensing arrangements, as users may attempt to find a new product. (http://www.safenet-inc.com/library/8/BestPracticesLMWP.pdf)

Today’s technological age requires the comprehension of all these legal contract issues. The sale of legal software can net a great profit simply due to the nature of its license arrangement. However, it’s important to utilize strategy with software development and distribution.



LeRoi Wilkers

John Hilaire asked:


Insurance laws and requirements can be complicated and vary from state to state. New York auto insurance is no exception to this statement. There are several different types of coverage that fall into the auto insurance category. Some of the coverage types are optional while others are required by state law.

Liability Coverage

Liability coverage is required in nearly every state. car insurance laws in New York require $25,000/$50,000/$10,000 in coverage. These amounts cover bodily injury liability per person/total bodily injury per accident/property damage per accident, respectively.

New York State is unique in that it requires double the bodily injury liability limits in the event the accident results in death, taking the limits to $50,000/$100,000.

Personal Injury Protection

Personal injury protection or PIP is required in NY, as well as several other states. It is an extended type of auto coverage that assists with medical costs and can cover lost wages and other miscellaneous charges.

Medical Coverage

New York is what is referred to as a “no-fault” state. All individuals that have auto insurance are required to have this coverage. This covers the insured’s medical costs, regardless of fault. There is some controversy over this type of coverage as it is generally expensive and is thought to create redundant coverage when the insured also has regular medical insurance.

Uninsured/Underinsured Motorist Coverage

Uninsured/underinsured motorist coverage is optional in some states but, required in NY. This coverage will cover the insured, up to the limits they have purchased, if they are in an accident caused by another driver and that driver is not insured or does not have sufficient insurance to cover the full liability. Another common case that this type of insurance is helpful is in the event of a hit and run.

Other New York Car Insurance Requirements

New York State requires that auto insurance remain in effect while a vehicle is registered, regardless whether or not the vehicle is being used. If a vehicle is not being used, New York State requires that plates are returned to the state to cancel the registration.

New York auto insurance law requires that New York drivers have insurance in the state, out of state insurance is not acceptable. This state also requires that the insurance must be in the same name as the registered owner. Neglecting to follow this requirement will result in a lapse of insurance and the registration will be suspended; the owners?driver’s license will also be suspended if the lapse exceeds 90 days.



Harry