NY LAW

Timothy Maler asked:


Have you ever imagined what will happen if you are sued or an arrest warrant is issued against you? The first thing that would come to your mind is to hire a lawyer, who shall provide the legal help. Often we come across situations where we find ourselves engulfed into legal matters. At these situations the best possible thing we can do is to find an attorney to cope with the trouble. The best place to find an attorney, among the various sources, is the attorney directory. Here the lawyers and attorneys are listed as per their specialization in different legal issues like registration, consumer protection, child custody, divorce etc. So whether you have any complain against a product, you want to file a divorce, or there is an arrest warrant for you, you can always seek Legal help from the true lawyers.

In our everyday life, we often come in close interaction with law and being a good citizen we must abide by the law of the state we live in. But sometimes we get a brush with the law like we get sued or sacked for no apparent reason. In the world of web you have ready access to any Lawyer Directory or Attorney Directory and when you feel the need for an attorney now you can just click one of these directories to find true lawyers and attorneys. Many lawyers are registered members of these online Lawyers directory and attorney directory, thereby providing us the most authentic and complete legal help.

The true lawyers apply the legal theories and knowledge to solve legal disputes and advance the interest of their clients who seek legal help. There are matters like registration and parking summons for vehicle owners and we need not always seek help from an attorney in such cases; we can always depend on self-help. But if the things go worse you must ask an attorney for legal help regarding the legal aspects of these issues. Sometimes it may happen that we have many ways to resolve a legal issue or that we are in jeopardy about what to do in a particular legal turmoil. In such a situation we can ask a lawyer about our queries on the specific legal issues or can hire a lawyer to present our case in the court. Entrepreneurs and businessmen usually prefer to ask an attorney regarding the intricacies of a legal issue before arriving at any legal decision.

For entrepreneurs and businessmen, legal help can be sought in matters related to estate planning, partnership deeds, financial agreements and business negotiations and transactions. Having wide knowledge about the law of the land and regular interaction with various legal issues, the true lawyers are the best professionals who can give expert advice to their clients and advance the interest of the clients. Professional legal help from the true lawyers can help us make the best benefit out of the rules and regulations imposed by the government.

Being a country comprising of fifty states, United States has a complicated legal system as all the fifty states have their own constitutions other than the common constitution of the nation. There are several laws that differ in different states, and it is not possible for a common man to know and understand all these law properly. For this reason we seek legal help from the true lawyers and attorneys whom we can find from the attorney directory or lawyers directory.

The directories help us to find an attorney from the state where we have faced the legal issues. Not every lawyers in a state deal with all legal issues; many of them specialize in different subjects like administration, transportation, tax, wills and probate, adoption, divorce, business laws etc. If we have some legal issues dealing with transportation law there is no point in going to an attorney who specializes in administrative laws or to ask an attorney specializing in divorce cases for the legal help. For this the Attorney directories provide a list of specialized lawyers who can be helpful for us in resolving the legal issues we have. After we find an attorney suitable for our job we can contact them and let the lawyer know about the legal issue. In the later stage we can ask an attorney to give expert opinion in this matter and with them we can even have the benefit of Attorney Referral service.

If the lawyer dealing with the legal issues feels that his or her opinion must be seconded by another attorney or that he or she is unable to find a solution for the legal issue, he or she may go for an attorney referral, i.e. they will refer another attorney to deal with the case. Generally the referred attorneys are very experienced and can provide the specific legal help. When the matter is related to tax planning, estate planning, drafting will or trust, business negotiations or personal matters like divorce or adoption, what is sought most is the legal help from the true lawyers.

When we feel that our reputation, finance or job is at the stake, we cannot help but find an attorney to provide us with the required legal help that will be beneficial to resolve those legal issues. With the online Attorney directory, an attorney can expect to be consulted 24 hours a day and seven days a week by the common people seeking legal help. This will add to the reputation of the lawyers. By registering in any lawyers directory the lawyers can expand their client base significantly. They can take the benefit of online chat to stay in touch with the client all the time to provide them with the necessary legal help. Also the clients can get in touch with a lawyer instantly if they feel that they need an attorney now.

All of us can have a close interaction with the law at any point of time. It is therefore necessary to know something about the law. When we are empowered with the law we can deal with many legal issues by ourselves. But if we feel that we really need legal help we can always bank on the true lawyers.



Jon

Lennie Chism asked:


Can you name this tune?

“Fish don’t fry in the kitchen. Beans don’t burn on the grill. Took a whole lot of tryin’ just to fix up that meal” or “Just lookin’ out of the window. Watchin’ the asphalt grow.”

Blacks from the inner city to the suburbs know the words to these sitcoms depicting the Black struggles of modern times.

Regardless of our status, we would gather around televisions nationwide in anticipation of watching Good Times, The Jeffersons and years later, The Cosby Show.

The Cosby Show was unique in that it was the first time America had seen us as everyday professionals. Cosby presented a happily married couple raising good kids, not the ghetto gangster children too often depicted on television. The show was groundbreaking and breathtaking, because it was a stark contrast from the downtrodden Black family typically depicted in sitcoms and described daily on the evening news. White Americans were seeing a dynamic of the American Black family never before shown on TV. Some of us were middle class, some of us were poorer. The fact remains that, regardless of those depictions, all of us still share the same struggle — images of poverty and violence shown on the evening news.

In years prior to the 1963 March on Washington, our communities — rural, suburban and urban — were unified by the boundaries of racism across America. Laws enforced more violently in the south than in the north, referred to as Jim Crow or Black Codes, were aimed at limiting the economic growth and physical freedom granted to the formerly enslaved.

The Civil Rights Act of 1964 is the landmark law prohibiting discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1964 prohibited discrimination in public facilities, government and employment. This invalidated the Jim Crow Laws and Black Codes in the southern U.S. It became illegal to compel segregation of the races in schools, housing or hiring. Powers given to enforce the bill were initially weak, but were supplemented in later years.

In years prior to the Civil Rights Act of 1968, which prohibited discrimination concerning the sale, rental and financing of housing, the Black community was vibrant.

Our communities were filled with doctors, teachers, entrepreneurs, musicians, attorneys and working class citizens. We shared a common bond regardless of social status within the community. Segregation yielded a market for Black businesses that will never exist again. If you needed goods or services, the first place you turned to was the Black owned business that provided the service or produced the goods you wanted.. If the service was not found, we sought the next best business owner that would treat us with respect to purchase from. Regardless of our status, we sought out and patronized Black businesses.

With the passage of the Civil Rights Acts of 1964 and 1968, we attained a certain freedom, defined more by what we could afford. That freedom afforded the choice of moving away from the Black community.

The Civil Rights laws enabled “the great exodus” from our communities to greener pastures. We were movin’ on up. The Black consumer was being accepted more than ever in White-owned businesses, which were all too grateful to finally receive our money. It was not only okay to serve Blacks, it was against the law if they did not.

Prior to the passage of the Civil Right Acts of 1964 and 1968, Black entrepreneurs had a steady stream of Black customers. Our entrepreneurs opened all sorts of businesses in our community, which was the only place they could open a business. They were assured a chance at success because they had the Black consumer market to rely upon. When Dr. Martin Luther King, Jr. led Civil Rights protests in Birmingham, Alabama, the marchers stayed in the A.G. Gaston-owned hotel. There was never a thought given to where we would find the goods and services we required for existence. Our community was creating the necessities of life.

We had Black hospitals and medical practices. We had to be create them to serve our people. For example, in the late 1940s, Black people were not admitted to the public hospitals in Dallas, Texas. It was the same across the rest of the United States. So the Black doctors created their own hospital. Drs. Joseph Williams, Frank Jordan Sr., and E. Holmer Browne were but a few pioneers worth mentioning.

Prior to Jackie Robinson breaking the color barrier in baseball, we created The Negro League. We had baseball teams with stars. We filled the stands to see our own make history. We debated “what ifs” of legendary star Satchel Paige regarding what it might be like if he could pitch to the legendary Babe Ruth. A famous movie depicted the struggles of the league; The Bingo Long Traveling All-Stars & Motor Kings with early stars Billy Dee Williams, James Earl Jones and a young Richard Pryor. We had legendary singers and bands that filled the legendary clubs in Harlem, NY.

Black business owners were barred from setting up shop outside our community. The white consumer, then as today, does not come to our community to buy anything.

Suddenly we were competing for Black shoppers with better funded white business owners, who often could provide better prices and selection. Black consumers chose white business over Black businesses.

Today Black communities are not providing Black consumers the basics of life. There are far too few Black-owned and operated gathering spots for happy hour and professional networking. There are too few family restaurant for the celebration of weddings or special occasions. Basketball legend Magic Johnson has used his power and influence from the basketball court to create the Magic Johnson Theaters and Starbucks franchises stores. That is exemplary.

Blacks are projected to have the buying power of $965,000,000,000. Yeah, that’s billions with a “B.” That’s us by 2009. Now there’s a figure you can be proud of. It’s an increase of over 203% since 1990. This figure comes from The Covenant with Black America by Tavis Smiley.

Obviously the Black dollar has always had this strength, as demonstrated by the Montgomery Bus Boycott. We showcased our economic power. That boycott is symbolic of what we can accomplish when we choose to organize, become committed and stay unified as a people.

We have the economic power in our hands today to create anew a vibrant Black community. We have the ability to bring all the necessities for enjoyment of life to places where so many of us grew up. As consumers, we have to become committed to giving consideration to the Black-owned businesses and professionals when we spend. The price wars will be won by the white business in most cases. White businesses have a distinct advantage of having you looking to them first due to their sheer numbers.

You know what you want. Locate that service within our community. Your consideration is what Black-owned and operated businesses seek when you buy.

Our doors are open. Come turn our doorknob and walk right in.

How can we serve you?



Ralph

Harpreet Oberoi asked:


Gaining effectiveness and staying profitable in today’s competitive business world has become really tough. Most of the international business law firms based in Europe and US are opting for the new Legal process outsourcing route to be productive. A number of International business law firms including legal departments in large corporations and even government organizations are increasingly outsourcing most of their legal issues to India to increase efficiency and reduce cost.

Similar to BPO activities legal services of India are efficient and affordable. Preparing Pleadings, proof-reading, docketing, transcription of recorded documents, research and litigation support, law firm marketing and case studies are some of the various works that are currently being outsourced to India. Legal outsourcing work in India costs nearly 80 percent less compared to the costs of using the same services in US or Europe.

Additionally the advantage of time zone, familiarity with common law doctrines and easy availability of English speaking lawyers attracts more foreign firms to opt for LPO services India. Indian attorney with UK/US qualifications are also sought after which is perfectly fulfilled by the top legal services India. Most of the overseas attorneys are impressed not just by their lower cost of labour differential but also through the speed and quality of work done. Therefore LPO India Lawyers are reported to be staffed round the clock. However legal outsourcing is also the most risk prone business sectors given concerns of attorney-client privilege and confidentiality, but the research analysts have found that its overall benefit have been tremendously boosted the business. Additionally LPO has also gained momentum in several offshore counties including South Korea and China.



Jerry

Judd Snell asked:


Laws not only relate to mortal beings, there are also laws stitching to animals. We have the animal welfare law as represented by PAWS and PETA. There’s also the law about exotic pets.

However, there is a range from city-to-city. A law in one city may not smear to another stately. If you own an exotic pet, stop first with your next vicinity about the restrictions in owning them.

There are restrictions in exotic pet laws because the animal must be protected even more when they are separated from their untreated haunt. Also, there is a possibility that the vendor who adopts the exotic insect may not be able to afford the right home, diet and precision to the owner.

The senses is that since these animals can be sold to the confusion’s zoo – capturing and smuggling of exotic creatures are rampant in a question where there is an exotic creature. It’s also better to think of your neighbors. There’s no knowing what could happen if you have a squally animal in your patch. What if it escapes? If it does, it could form great warning to the municipal.

For example, look at these earlier studies: – In Arizona, there is a dealer who was able to retail tigers from a tiniest $900 to a most $7000. The assess depends on the blush of the tiger, as well as the gender. The children chimp has the going charge of $50,000.

- The most frequently reserved crazy creature in the US is the tiger. About 10% of 5,000 to 7,000 tigers are kepts in tiger sanctuaries and zoos. Some of them live in roving shows with the ensemble, circuses and big cat rescues for entertainment. Some people even tame them and make them their pets so the deferment in they’re owners’ backyard.

- Tigers actually kill people and nine people have died in the last nine existence. Every year, studies show that almost a 100,000 people are in threat of contacting the salmonella infection which comes from reptiles. The US Food and Drug Administration didn’t allocate the sales and import of turtles minor than 4 inches.

Studies also show that the businesses of fierce and exotic animals that are eventually tamed are estimated to be meaning $15 billion each year. Wild animal traded value billions of dollars. One fourth of untamed animal trade is dishonest. This is the poaching of elephants and tigers. It’s disturbing to find out that the flash moneymaker on the black market, a close moment after trading drugs and weapons, is the criminal trade of exotic animals.

That is why the legislatures not only considers wellbeing of creature beings, they also find the time to found laws to safeguard exotic animals. As mentioned earlier, animals, be it the tamed or the squally, deserve to have rights, just like us humans.



Bobby

Far-hadian asked:


 

F. Jason Far-hadian Esq., Principal of Century IP Group (www.centuryip.com) maintains that protecting intellectual property in today’s video game market is necessary to establishing a distinct competitive advantage.



During my recent stay in Seoul Korea, I visited the largest underground entertainment and shopping center in Asia (the COEX Mall), where the Microsoft and Sony corporations have built spacious “game zones,” providing public access to hundreds of game stations and video games for free. Each year the center hosts international competitions where teams of players collectively compete with others online, and before the eyes of large audiences, to win multi-thousand dollar prizes.[1]

Here are a few interesting facts: total sales in the video game industry reached 7.3 billion last year;[2] sales from the online multiplayer games sector by itself is expected to grow to $763 million by 2007;[3] big business in the video game industry is coming from adults, where the average age of a game player is 30;[4] and video games have outsold movie tickets in the United States 10 to 9.[5] Not bad for a business that began as an incidental offspring of the computer software industry.

 

The video game industry, even though still dependent on advancements in the computer software and hardware sectors, has evolved beyond recognition in relation to its humble origins in games such as Pong and Pacman, developed 50 years ago on refrigerator size computers by timid software engineers. Modern video games have intricate storylines, bold colors and a plethora of characters and backdrops. As such, many video games today are written, designed and choreographed by writers, producers, directors and talent with experience in the arts and movie industry before a single line of code is written.

 

For the above reasons, the legal issues related to the protection and enforcement of rights in video game products have become more sophisticated and complex. Luckily, however, various legal means are available to help protect different aspects of a video game product, especially the functional and operational aspects, which may be protected by a patent. Alternatively, certain features may be maintained as trade secrets. Additionally, most characters, scenes, music, dialogues, story lines and source code may be protected under copyright laws as long as each contains original works of authorship.

 

Despite of the availability of the above legal means, there is a surprising and somewhat inexplicable lack of intellectual property protection in the video game industry. This imbalance within the video game industry is cultivating a new and relatively unexploited legal battlefield that is resulting in large judgments against infringers and licensing opportunities for those who have diligently pursued their legal right to obtain and register the respective patents and copyrights.

 

The 1997 case of Alpex Computer Corp. v. Nintendo Co.[6] is among the first cases involving video game patent infringement. In that case, Nintendo was ordered to pay $253 million to Alpex for infringing its patent for a machine configured to play multiple games, in contrast to the older arcade systems that could only play a single game. More recently, in March 2005, the United States Federal court in the Northern District of California found Sony guilty of patent infringement and entered a judgment ordering Sony to pay $84 million to Immersion Corp., which had a patent covering the vibration feature incorporated in the Play Station’s game controller.[7]

 

Accordingly, even simple operational features incorporated in a game may be worthy of patent protection. Such innovations, if properly protected, can potentially provide a distinct advantage to a game developer by way of excluding competitors from using the particular feature in their products.

 

In the realm of copyright protection, certain non-operational but graphical attributes or themes of a video game may be protected by preventing others from altering or modifying such attributes. For example, modding and morphing software are available that allows a player to change the look and feel of a game by adding new levels and characters or otherwise customizing the game based on the player’s preference.

 

The judicial consensus on whether such acts constitute copyright infringement remains unclear.[8] For example, in Microstar, Inc v. FormGen, Inc.,[9] the Court of Appeals for the 9th Circuit held that Micorstar’s act of selling a collection of additional game levels developed for the video game Duke Nukem 3D constituted “derivative work” and infringed the copyrights of the game developer FormGen. Microstar had to enjoin further sales of the product and pay $250,000 in damages. Prior to the Microstar decision, the rights to derivative work had been recognized only in literary works such as novels and films.

 

More recently, in January 2005, Tecmo, Inc., maker of an X-Box game (Dead or Alive Xtreme Beach Volleyball), sued the operators and users of an online bulletin board service “www.ninja-hacker.net” for posting lines of code that made the characters appear nude. The suit was dismissed in May 2005, due to a settlement between the parties. But it left unanswered the question of whether a rightful owner of a video game can legally modify the game in the same manner that a purchaser of a book can underline the text in the book.

 

Due partially to the ambiguities in copyright law, some video game manufacturers have relied on provisions of the Digital Millennium Copyright Act (DMCA) to target companies that distribute modding technologies. In the past, Sony, Microsoft and other companies have successfully gone after distributors of modding chips for violating the provisions of the DMCA that make it unlawful to distribute circumventing technologies such as modding software.

 

It is noteworthy, however, that according to a recent decision of the United States Court of Appeals for the Federal Circuit, the DMCA cannot create new copyright rights, but can only be used to enforce existing rights.[10] So it is no longer clear whether the DMCA will continue to empower video game manufacturers as it did prior to this decision.

 

Regardless of the above uncertainties, the noted progeny of cases confirm that courts recognize the value of intellectual property in video games and will reward the game developers that protect their rights by taking the legal steps to properly register and enforce those rights. In response to the pressing need for legal representation and specialization in the video game industry, certain intellectual property law firms such as the Century IP Group and Morrison & Foerster are further developing their resources to help their clients deal with the legal ramifications of changes in intellectual property law.[11]

 

In today’s competitive video game market, protection of intellectual property is not a luxury, but a necessity for success. A properly registered innovation provides a competitive advantage and further protects the owner from attack by competitors. Therefore, it would be wise for game developers and video game distributors to consult competent legal counsel about how to protect their rights and ideas so that they will have opportunities to both offensively and defensively limit competitor options.

 

F. Jason Far-hadian Esq. concentrates his practice on client counseling, opinions, due diligence and the procurement of patents, copyrights and trademark rights in several technology areas, including electronics, computer software and hardware, telecommunications and wireless devices. He can be reached at jfarhadian@i-p-law.us or visiting www.i-p-law.us. Ms. Jennifer Burcio also contributed to drafting this article.

 

 

[1] “Cashing in on cyber carnage,” James McNair, The Cincinnati Enquirer, September 13, 2005.

[2] “Insider gaming,” Tamara Chuang, The Orange County Register, October 21, 2005.

[3] “Online Game Sites Find Their Lucrative Market Among the Middle-aged”, Kim Peterson, Seattle Times, December 1, 2003. Also see www.gamebattles.com.

[4] Mark D. Rasch, IP Law and Business, July 28, 2005.

[5] “Out of Hollywood, Rising Fascination with Video Games,” Laura M. Holson, New York Times, April 10, 2004.

[6] Alpex Computer Corporation v. Nintendo Company Ltd., 102 F.3d 1214 (Fed. Cir 1997).

[7] Immersion Corp. v. Sony Computer Entertainment America, Inc., 2005 U.S. Dist. LEXIS 4781.

[8] “The Mod Squad”, Mark D. Rasch, IP Law and Business, July 28, 2005.

[9] Microstar v. FormGen, Inc. 154 F.3d 1107 (9th Cir. 1998).

[10] Chamberlain Group, Inc. v. Skylink Technologies, Inc., 2004 CAFC LEXIS 04-1118.

[11] “MOFO Gets its Game On.” Joel Landau, IP Law and Business, August 2, 2004.



Nancy

Peter Kent asked:


Some might say that all car accidents are the same. Certainly, there are several legal factors that enter into an automobile accident investigation and litigation. Circumstances surrounding the accident, such as weather conditions, possible intoxication or impairment on the part of one or both drivers, and fault or intention are key. In addition, the extent and severity of injury or death involved in an automobile accident are vital factors. But the missing “third defendant” in many automobile accident litigations is the car manufacturer – the people responsible for the safety features of a car’s design. A car that is not crashworthy, or capable of protecting its occupants during a crash, may be subject to crashworthiness litigation.

The doctrine of crashworthiness essentially states that a vehicle’s manufacturer is liable for enhanced injuries sustained in an automobile accident. Injuries of this sort occur during the second collision, which is defined as when the vehicle’s passenger is injured. In these cases, the “first collision” is referred to as the actual car crash. Crashworthiness requires a manufacturer to assume liability for any negligence or defect in the design of a car. In short, it is a manufacturer’s duty to sell cars that are designed to provide protection during a car crash.

What Does Crashworthiness Litigation Entail?

If you choose to hire an attorney to aid in the legal process of your crashworthiness case, anticipate an extensive process. First and foremost, your lawyer will need to carefully consider your case to decide if it is a worthwhile case. If your attorney concludes that the cost of damages in your crashworthiness case will be higher than the cost of the legal actions, he or she will begin the lengthy legal process.

Litigating an automobile crashworthiness case will involve an extensive investigation. This crashworthiness investigation will involve a professional investigator who evaluates the accident scene, vehicles involved in the crash, reports by medical examiners and/or police, and gathers information from other sources such as motor vehicle engineering analyses and vehicle compliance tests. Your attorney will rely on the reports of this expert investigator, along with testimony from other expert witnesses, in order to litigate your crashworthiness case. It is your attorney’s job to cross the major hurdles in the discovery process that characterize crashworthiness litigation.

If your case is not settled right away and goes to trial, you can expect your lawyer to require extra expenses for effects such as an trial exhibits, preparation and presentation of these exhibits, and perhaps even mock trials. If you have been involved in a car accident and believe your case warrants an automobile crashworthiness litigation, contact an experienced defective products attorney immediately.



Melvin

Patrick C. OConnor asked:


Cost segregation evolved as the result of multiple court cases and IRS rulings. The body of knowledge is summarized in the Audit Techniques Guide (ATG), published by the IRS.

Component depreciation was a prior methodology that produced similar results via separating a building into components. These components often included the roof, plumbing, electrical and elevators. There were concerns some investors were using component depreciation in an abusive manner. As a result of the tax law changes in 1986, tax rates were lowered substantially but many tax reduction techniques (such as component depreciation) were eliminated.

From 1987 to 1996, there was a limited ability to depreciate any portion of a real estate separately. Some owners and tax practitioners experimented with assertions that portions of the cost basis were personal property (Section 1245) and not real estate (Section 1250).

The case for differentiating between personal property and real estate was HCA (Hospital Corporation of America). After this case was determined in 1996, the IRS decided not to appeal it. Depreciating real estate offered more potential for tax deductions and tax reductions.

The following is a summary of some of the items prescribed and the depreciable life in years: Vinyl Tile                         5 years

Interior Signage               7 years

Parking Lot Striping         7 years

Paving                            15 years

Landscaping                   15 years

Sidewalks                      15 years

Carpet                            5 years

The IRS has summarized their portion on cost segregation and its practice in the Audit Techniques Guide. While many real estate investors and tax practitioners are unfamiliar with the tax reduction benefits from using cost segregation, the IRS reports it is appropriate as the most accurate method to depreciate real estate.

Cost segregation produces tax deductions and reduces federal income taxes across the country and in every size market. Below are just a few examples of where cost segregation generates meaningful tax deductions.

City:

Baltimore, MD

Atlanta, GA

Miami, FL

Los Angeles, CA

Memphis, TN

Las Vegas, NV

Washington, DC

Philadelphia, PA

New York, NY

Dallas/Ft. Worth, TX

Grand Rapids, MI

Detroit, MI

Rochester, NY

Greensboro, NC

Fresno, CA

Cincinnati, OH

Columbus, OH

Allentown, PA

Oklahoma City, OK

Dayton, OH

St. Louis, MO

Indianapolis, IN

Birmingham, AL

Charleston, SC

Louisville, KY

Lancaster, PA

Riverside, CA

Scranton, PA

Madison, WI

Chattanooga, TN

Cost segregation produces tax deductions for virtually all property types.

Property Type:

Daycare center

School

Bowling alley

Drugstore

Office warehouse

Racket club

Car wash facility

Auto dealer

Auto salvage yard

Skating rink

Almost every industry, including the following, can generate cost-efficient tax deductions by using cost segregation.

Industry:

Furniture stores

Day care facilities

Nondurable good wholesalers

Wood product manufacturing

Building supply dealers

Laundry facilities

Chemical manufacturing

Apparel manufacturing

Automotive repair facilities

Food and beverage stores

O’Connor & Associates is a national provider of commercial real estate consulting services including cost segregation studies, federal tax reduction, due diligence, insurance valuations, investment hypotheses, financial modeling, gift tax valuations, highest and best use analyses and lease abstractions.

www.poconnor.com



Renee

Hal Stevens asked:


Embalming, as we know it today, is the art of temporarily preserving the remains of the deceased in order to slow the process of decomposition and prepare the body for viewing at a wake and/or funeral. One of the main purposes of embalming is to try to give the deceased a more life-like look so that viewing the remains will not be as emotionally upsetting to the mourners. Overall, embalming serves several purposes: temporary preservation, sanitization of the remains and restoration.

 

The Federal Trade Commission as part of “The Funeral Rule” has spelled out several important guidelines legal rules to govern funeral directors and embalmers in the practice of embalming. According to “The Funeral Rule:”

 

1. The funeral director must be forthright and disclose the fact that embalming is not a legal requirement. A trustworthy funeral director will always make sure that you know your options and are aware of any fees associated with embalming.

 

2. According to these legal guidelines, a funeral director may charge the grieving family a fee for embalming only when: Authorities or the law (either state or local) requires for some special reason embalming must be performed on particular remains. Reasons for this might be if the body is to be held for an unusually extended period of time or is in such a condition upon being found that, for health or legal reasons, the body must be preserved for further investigation into the death. In this rare instance, be aware that the funeral director is required to state clearly on an itemized bill that the embalming was performed because of a particular legal requirement.

 

3. Furthermore that itemized description must explain the reason that embalming had been necessary. This unusual circumstance is most frequently due to local or state guidelines and must be for a particular reason. Federal law still does not require embalming under any circumstances.

 

3.  The family of the deceased or the person planning the funeral has already given consent for the body to be embalmed. Unfortunately, “The Funeral Rule” does not stipulate which person is has the final say to give this consent. This is a family member and disputes become a matter to be governed by state or local law. In any event, the funeral director is obligated to obtain clear permission before undergoing the process of embalming. This approval must be expressly stated and cannot be simply implied.

 

4. In order to best and most clearly understand the family’s total consent in the decision to embalm, the funeral home must:

 

Ask specifically for their permission.

 

Not mislead the bereaved into thinking that embalming is required. While the family is making the funeral arrangements, the funeral director cannot tell a family that they’ll be charged for embalming regardless of the funeral that’s been planned. He cannot insist that embalming is a requirement nor can he simply assume that the family wants to have the remains embalmed.

 

It’s important to remember that simply because you’ve agreed to the funeral arrangements; it can’t be assumed that you’ve expressly consented to embalming. If the funeral director charges you for embalming without getting your express consent to the producer before it was performed, this is a violation of “The Funeral Rule” and should be brought to the attention of the Federal Trade Commission.

 



Keith