1. Over a decade ago, the U.S. government enacted the E-sign Law, which asserts that electronic signatures merit the same legal weight as traditional “pen and ink” signatures. However, whenever disputes emerge over an electronically signed document (an event that rarely occurs because of the Esign Law), having additional evidence other than just the document on file will quickly resolve the issue. For this reason, users of e-signatures should ask about the level of document evidence an electronic signature service provides, such as embedding of signature audit trails in documents and what kind of process evidence technology it employs to authenticate a transaction completed over the Internet or smartphone.

2. Avoid electronic signature services that only provide watermarks on signed documents. Instead, opt for digital seals that can immediately detect any tampering with the document and also provide exceptional evidence if the transaction is disputed in court.

3. Elect to work with electronic signature services that integrate a reputable third-party for authorizing certifications as well as the Public Key Infrastructure system. These services provide valid signature verification that complies with the National Standards Institute. PKI also implements public-key cryptography, a mathematical algorithm that validates (decrypts) and secures (encrypts) signatures and documents. Be aware that electronic signatures cannot be dispensed with a functional Public Key Infrastructure system that cannot maintain and generate electronic certificates.

4. Using an unestablished electronic signature service that appears lacking in a number of technological aspects may result in identity theft. Currently, minimal consumer protections exist concerning electronic signature fraud or e-signature forgery. Individuals who are victims of a poorly operated electronic signature service will have to prove in court that the fake signature is not valid to avoid being liable for damages incurred by the criminal act.

5. Electronic signature services that do not provide competent technical support when needed may delay the completion of transactions and possibly cost a company substantial sums of money by allowing a document’s validity to expire. Before signing with an E-signature service, contact the help center and discuss any concerns you may have prior to using the service.

Knowing what to look for when searching for a good electronic signature service can save you problems with validation, documentation and aggravation caused by inferior technology and software.

This article was contributed by FindLegalForms.com which provides free electronic signature services.

First, let’s examine what constitutes a DUI arrest:

The probable causes that can place anyone under arrest for driving while intoxicated include:

• If the officer sees an open container in the vehicle
• The driver seems to be impaired by alcohol or drugs
• Obvious scents of alcohol are observed

When these credible causes are evident, the officer will then ask the driver to perform a field sobriety test or breathalyzer experiment. Participants with a blood alcohol count (BAC) of 0.08% or higher will most likely be placed under a DUI detention.

Rights In DUI Searches, Tests and Arrests

Search and Seizures

Without probable causes, drivers will have the right to refuse unreasonable searches and seizures in their vehicle. An executive officer who does otherwise, without good or credible reason, means that the evidence gathered will be thrown out in court.

The Miranda Right

Any person has the right to remain silent and refuse to answer questions from an officer. In fact, most attorneys will advise that this is best course of action to take, however doing so politely. This recommendation is given, as anything you say can jeopardize the case in court. Drivers will however be required to present identifying information, such as  the drivers license, insurance form and vehicle registration information. As soon as the opportunity presents itself, suspects for driving under the influence should request a lawyer.

Implied Refusal Law

The field sobriety test can be denied without repercussions. However, once someone is placed under DUI detention, the laws mandate that chemical testing must be exercised. Doing otherwise is seen as implied refusal, which has consequences. The implications of refusing chemical testing include an automatic suspension of the driver’s license for one year.

The Right to Independent Testing

Defendants can request independent chemical testing to assure that the results are accurate. In numerous cases of research, breathalyzer equipment fail to provide precise results. To avoid any incriminating evidence if someone is innocent, then going the independent route can make a world of difference in proving innocence. A request for release from detention based on this reason can be arranged by a DUI attorney.

Contacting a Lawyer

DUI offenders who are placed under arrest have the constitutional right to contact a lawyer from jail in which they’re being detained.

How A Lawyer Can Help:

Bonds – the lawyer can arrange to post bonds. In more extreme case where repeat offenders are issued higher amounts, attorneys can at times negotiate posting bail at a percentage, and part-pay the  remainder over a period of time.

Advice – refusing to take a chemical test for instance will result in an automatic suspension of driver’s licenses for one year. In some cases however, it’s best to decline this test. A good lawyer will go over the details of clients’ cases to recommend the best possible steps.

Recordings are typically made of every detail in any type of arrest, whether it’s a DUI, or domestic abuse case. This includes video footage in the police vehicle when transporting individuals to the county jail, in the jail cell, and written statements on police reports. Lawyers advise clients to exercise the Miranda right, by keeping silent until they’re under the directive of a DUI lawyer.

Finally, it’s important to know one’s rights, even for individuals who are not facing charges at this time.  This is because in many DUI arrests, individuals become falsely accused due to circumstances like illness or diet that will affect false positive breathalyzer tests. These tests oftentimes prove to be erroneous as discussed above.

An expert lawyer is able to put together evidence, research and eyewitnesses, if possible, to prove  innocence, or lower the penalties that may be ordered by a judge.

Randy Collins is an expert lawyer at longstanding California law firm, MacGregor and Collins. The company currently serves several locations across the state, including Orange County, Newport Beach, Costa Mesa and more. Randy, along with other members of the legal team, have successfully defended numerous clients for over thirty years. Now, this expertise and knowledge is available through informative articles. To learn more, visit www.cmcdefense.com or call 949-250-6097.  Mr. Collins is also is also a member of the LawGuru Attorney Network.

In an effort to set the record straight on how the state’s family law legal system works, I’ve compiled a list of the top 30 family law myths that I’ve encountered, along with responses I have formulated to dispel these common misconceptions. This is Part Two of the three part series.

1.  I should not have to pay my lawyer for the time spent on the phone with my unrepresented spouse.

Lawyers bill for their time for any and all transactions related to your case. They cannot neglect responding either to opposing counsel or to a party who is self represented. All attorneys in California  must have a written retainer agreement with their client if they anticipate or know that the fees or the  retainer will be greater than $ 1,000.00.

2.  Can’t children make custody decisions at age 12?

California recently enacted a new family law provision allowing children 14 years or older to express their parenting and timeshare desires to the court. This provision is not absolute however. If the judge feels it’s in the child’s best interest not to participate in this manner, the court can preclude the child from direct involvement with the court. This election to not hear directly from the child does not mean that the court cannot weigh all the information provided to it by child counselors, therapists and family court services mediators.

3.  Child support stops when the child is 18.

Child support ceases by operation of law if the child dies, becomes emancipated, is 18 years old and not still in high school full time, or up to the age of 19 if still in high school.

4.  Doesn’t the court  make the other parent chip in for the kids’ college?

In unique cases where you have a gifted child and the child has advanced to college while under the age of 18, the court would continue to order child support. There is no right to order a payer parent to pay for college.

5.  If we’re married more than 10 years, my spouse has to pay for me to get a college education.

The family law establishes that a marriage of 10 years or more should be considered a long term marriage for the purposes of determining the length of time a spouse may be entitled to support. There is no rule requiring a spouse to pay for education expenses of the other spouse simply because the duration of the marriage was more than 10 years.

However, in cases where there is a high earning payer spouse, the court may consider, as part of a spousal support order, an order that includes paying for vocational training or tuition. The benefit to both parties from this order is that the lesser earner spouse is being retrained to become more economically self sufficient. This retraining can result in less support.

6.  If I quit my job,  isn’t it true that I  won’t have to pay support?

If you voluntarily quit your job in an effort to evade paying child or spousal support, the court can impute earnings to you  based on your prior employment. If you lose your job or suffer a layoff due circumstances beyond your control, then you should immediately file a motion for a downward reduction in support.

7.  If we have equal custody, there shouldn’t be any child support.

Even in parenting timeshares that are roughly equal, child support can be ordered by the court. The two elements that have the biggest impact on child support are gross incomes of the parties and actual timeshare of the child. If the incomes of the parents are not almost equally matched, there will be some kind of child support exposure for the greater earner.

8.   I have a license for marijuana so why should that be a custody factor?

Federal law still considers cultivation and use of marijuana as being illegal. Even though California and other states  passed laws allowing personal use, this state level approach does not translate into protected conduct when it comes to an issue affecting parenting your child. Until marijuana is treated as a legal but controlled substance at both the federal and state level, most family law judges will prohibit or limit custody contact with a child if you insist on continued marijuana use.

9.  My parents used the belt on me so I should be able to hit my kids to discipline them.

The family law courts are evolving towards a zero tolerance position concerning physical or corporal punishment. Results from numerous studies spanning more than two decades strongly suggest that the use of physical punishment can cause significant and permanent emotional damage to the punished child. Some studies even suggest that a child witnessing a sibling being punished in this manner may also suffer from emotional problems and post traumatic stress.

10.  Isn’t Facebook a safe place to post whatever you want about your ex?

A very wise person once said, do not reduce anything to writing you would not want the whole world to see. In the expanding universe of social networking, this rule remains golden.  Saying derogatory things that can be accessed by family, friends, and your Internet savvy children on Facebook or other social network pages can end up being used against you in a high conflict child custody case, or as justification to get personal conduct restraining orders.

Arlene Kock, CEO of the Law Offices of Arlene D. Kock has over 30 years experience in handling difficult child custody and family law matters. Proficient in practicing in all Northern California Jurisdictions, Ms. Kock’s office is located in San Ramon CA and you may visit her website at http://www.sanramonchildcustodyattorneys.com/.  Ms. Kock is also a member of the LawGuru Attorney Network.

In an effort to set the record straight on how the state’s family law legal system works, I’ve compiled a list of the top 30 family law myths that I’ve encountered, along with responses I have formulated to dispel these common misconceptions. To make the information easy to digest, the article is broken into three parts:

1.  I can get remarried 6 months after I file for divorce.
Just filing your divorce petition does not permit you to marry after 6 months. You must get a court to issue a judgment that terminates your marital status. The earliest you can terminate your marriage and be returned to the status of a single person  is  6 months from the date a filed divorce  petition  was served on the other spouse and no sooner.

2.  If s/he withholds support, can’t I retaliate by withholding visitation, and vice versa?
The right to receive  child support payments is an independent legal right enforceable by a court order. The court will always protect the child’s right to have a consistent and uninterrupted relationship with both parents. You cannot withhold a child’s contact with the other parent as a remedy to deal with unpaid support. If support is not being paid, go back to court to get help from the judge on collecting the unpaid support. By withholding contact between a parent and child, you risk violating any visitation court orders issued by the judge and risk a contempt motion as well as a change of custody to the other parent.

3.  If she marries a high earner, my child support payments should go down.
The income of a new spouse or partner of a parent obligated to pay support cannot be used as a factor to reduce child support.

4.  If I marry a high earner, isn’t it true that my child support payments will go up?
The same answer as above applies here. The income of a new spouse or partner of a parent obligated to pay support cannot be used as a factor to reduce or influence child support.

5.  If I buy a house with a fat mortgage, I can’t afford child support, so it should go down.
Back in 1984, the California courts adopted a guideline for child support that we follow to this day. The three factors that influence child support are: gross incomes of the parents, percentage of parenting time share and ( as a distant third) dependency exemptions/tax filing status. The courts treat child support as a first in line creditor and other bills like a real estate mortgage do not weigh in. The tax advantage of having a home mortgage with a large tax deductible  interest payment may act as an element that could actually increase child support!

6. Isn’t  child  custody  about fairness?
Child custody is based on what is in the  best interests of the child. If  parents cannot agree on a parenting plan, the court must step in and determine what arrangement would be the best emotional and physical arrangement for the child(ren). The judge’s decision will never be as good as the arrangements parents work out with one another.

7.  You have to be married 10 years to get a part of your ex-spouse’s pension rights.
Any earnings acquired from date of marriage to date of separation is considered community property. These monies used to acquire retirement benefits, pensions, profit sharing, stocks etc…will be community.  The length of marriage has no bearing on your right to the community property acquired from date of marriage to date of separation.

8.  If my name is not on the credit card,  isn’t it true that I don’t owe this debt incurred during marriage?
Under the law, a marriage is like a business partnership. You can ultimately be held accountable for the debts  either spouse incurred during the marriage. This legal rule protects creditors from a spouse claiming that the debt acquired during the marriage  belongs to the other person. If the debt was incurred while married, it does not matter whose name is listed on the charge card.

9.   S/he is the one who moved, so s/he should have to pay the kids’ travel costs.
The duty to pay for the cost of travel, like the duty to pay child support, is typically driven by the incomes of the parties. If the parents are considered equally matched on relative incomes, the court usually will expect the parents to equally share domestic transportation costs. If there is a disparity of income between the parents, then the court has the power to apportion the travel costs between the parents.

10.  If I don’t like the judge’s decision, can’t I  always appeal?
You have a right to appeal a legally wrong decision. You don’t have a right to appeal a decision simply because you did not like the judge’s decision. A determination must be made if there actually is an issue that would justify a higher court reviewing a lower court decision. If the trial judge made an appealable error concerning how the law was applied, the judge could be reversed on appeal. However, appellate law is very technical and really requires an experienced family law appellate attorney to determine if there is any merit to an appeal.

Arlene Kock, CEO of the Law Offices of Arlene D. Kock has over 30 years experience in handling difficult child custody and family law matters. Proficient in practicing in all Northern California Jurisdictions, Ms. Kock’s office is located in San Ramon CA and you may visit her website at http://www.sanramonchildcustodyattorneys.com/.  Ms. Kock is also a member of the LawGuru Attorney Network.

For landlords and property managers, there are definitely such people as bad tenants. Maybe they trash their apartment, constantly skirt rules, always create noise complaints, etc.  But one of the worst things a bad tenant can do is simply not pay their rent because it creates a great degree of hassle and impacts your own income.

You want to make sure you get paid, but you also want to make sure that you go about things the proper, legal way. Here are three tips for dealing with those tenants that don’t pay.

Tip #1: Draft a good contract, or at least review what your current agreement states.

The first thing you need on your side is the power of enforcement – and that’s what potentially comes as a result of the written agreement between you and the tenant. If they are responsible for making a payment and they fail to make good on that promise, then you hypothetically have the power of the law on your side.

It is important to note, however, that just because you have a written arrangement does not mean that the full force of your local justice system will be used to ensure that you receive what’s coming to you. But you do need to make sure that you have a solid legal footing to fall back on if worse comes to worst.

Tip #2: Alert your tenant of the consequences of non-payment.

As soon as you can, make sure that your tenant knows that you’re serious about receiving payment and that you’re willing to quickly enforce the powers you do hold if they don’t make good on their rent soon. You don’t have to do it with any hint of anger or aggression, but it is important that you do it. Otherwise your tenant may think that you are “flexible” regarding the rent date or that you’re somehow willing to accept a late payment.

Don’t let this happen – be on top of things by letting them know you’re aware of the problem right away. You may just find that they respond in kind by paying off their rent as quickly as possible.

Tip #3: Be willing to negotiate.

Admittedly, some people fall on hard times. They might want to pay you rent but simply can’t swing it anymore – in these cases, you’re often better off accepting some sort of settlement from them that you both agree to rather than kicking them out as soon as possible.

The more you’re on top of things, the more your tenants will respect that they can’t afford to waste your time. Be polite but stern; you’ll find that more tenants not only respect you this way…but they will ultimately respect your property too.

Essentially, the LLC does exactly as advertised – it keeps your liability limited. But while many people might just form one or two LLC’s in order to keep their assets protected, others take it a step further and create an umbrella LLC – or parent LLC – to really funnel liability away from them personally.

So if you’re asking why you might need an LLC, the picture might be clearing up for you: it may just be your way to prevent any potential financial disasters headed your way.

The Parent-Subsidiary Structure

When creating a parent LLC, you also need smaller LLC’s – the subsidiaries – to flow through that same parent LLC. This creates a parent-subsidiary structure that can be surprisingly efficient for tax purposes. But because our focus here is liability, it’s also important to recall just how efficient this structure can be to avoiding it.

For example, consider this point: with just a single LLC, there is only one link of ownership between you and the LLC. But in the parent-subsidiary structure, even tracing a subsidiary LLC to its owner will only take the plaintiff to the parent LLC, which again is separate from your personal and core assets. While they might be able to sue the company, they’re not able to sue you because you have no personal liability invested in said company.

When Do You Need this Structure in Place?

Some lawyers will tell you that LLCs are so easy and efficient that it’s a great idea to simply set them up all the time. This is particularly applicable in the area of real estate, where liability questions constantly present potential problems. Others will have you split up your own property into these separate entities so that you’re immune from all manners of financial worries.

The truth is, your own situation will dictate your need for parent LLC’s and the parent-subsidiary structure. If you don’t own a lot of property, it might not make as much sense to set up entire companies to protect it. If you own a lot of assets and real estate, on the other hand, you’ll want to divide up this empire to avoid making it vulnerable to a single attack.

Some advocates will say that you can use this structure even if you’re not rich; it’s simply a self-protection measure. If that’s important to you, it’s worth investigating the parent-subsidiary LLC structure even further in order to find out how to do it, and whether it’s truly the right decision for you.

But what does that mean – “executed”? And who generally becomes a will’s executor? Who should yours be? These are all questions that we’ll answer in this in-depth look of the role of will executor.

Defining the Executor

Quite simply, an executor is someone who executes something. That doesn’t mean that you’re the executioner, of course, but simply that you carry out an intended act. To “execute” a will, then, is to make sure that it is carried out according to the deceased’s wishes. As will executor, this will be your role.

What types of responsibilities will this entail? Generally, it depends on the person’s own will. But some common responsibilities include submitting the will to probate, disbursement of property and assets to those who are due to receive them and handling of debts and payment claims. Essentially, the executor is acting as a final overseer of an estate after the deceased has already passed on.

Needless to say, an executor should be someone that is highly trusted by the person drafting the will.

Who Should Your Executor Be?

If you’re drafting a will and are wondering who your executor should be, don’t be worried. Naming a will’s executor is not a difficult process at all, and asking someone for their permission firsthand will feel like an honor to them.

But when you’re making your decision, you’ll still want to consider a few things. First, you need someone that you trust implicitly. For many people, that person is simply a lawyer they’ve been working with for a long period of time. For other people, it’s a trusted family member, or even a spouse. For others, it might be a friend who’s remained close to them over the years.

Since each person’s life is different, it follows that each person’s executor will be different. But every executor should be someone that is trusted implicitly by the person drafting the will.

Where to Go From Here

Still in the process of drafting that will? Thinking about re-doing the old one? Naming an executor to your will is not nearly as hard as you think; you simply need to get in touch with your regular lawyer and ask them how it’s done. They’ll be able to help you with a brief phone consultation and might only require you to come in once quickly to sign the new papers.

The more you trust your executor, the more secure you’ll feel that your things will be taken care of when you’re gone. That’s part of creating a lasting peace of mind and knowing that all of your affairs are in order – even if it’s well ahead of your time.

If you’re going to appear in a deposition, or participate in one in any way, it will help to know what you’re getting yourself into. With that in mind, we’ve prepared five essential facts you need to know before you give your testimony or work on a deposition from the legal end.

1. Depositions are under oath.

A deposition might not take place in a room that looks like a courtroom, but that doesn’t mean that the testimony is not as valid as witness testimony given in a court of law. If you’re under oath, you’re under oath – in a deposition as well as a courtroom. If you’re a witness giving testimony, you’re legally obliged not to lie, or even to cover up the facts: you’re expected to tell the whole truth. Be sure to keep that in mind as you give your testimony.

2. Depositions often happen because of the opposition.

In any given court case, there are two sides to the story – when a lawyer is calling you to give testimony, it’s because they’re building their pre-courtroom case against someone. So if you’re being sued and the litigation goes far enough, you can expect to give a deposition. And the facts uncovered in the deposition will generally be used in the case against you. That doesn’t mean you should hide anything; instead you should be ready to answer anything.

3. Depositions can be good for the trial.

Because depositions occur before the main trial, they can often lead to a number of good things – settlement offers, settlement agreements, shortening the trial’s scope, etc. This is great if you’re the defendant and you need to find a speedy end to your particular case. Depositions often act as a great way to see just how much weight the current litigation has  and whether the case will be viable.

4. Deposition testimony can pop back up.

If your case does go to trial, don’t be surprised if the testimony you give at your deposition will later make an appearance – or even be read back to you – during the trial itself. This is a strategy often used by lawyers to highlight an inconsistency in your testimony – which is why you need to have your story straight and remember all the facts.

5. Consistency is key.

Following the above point, it’s important to remember that your deposition can be used later and your consistency will be a key component of your case. Your eyewitness testimony needs to be consistent in order to be taken seriously by a jury, should your case go to trial.

Suddenly you find yourself wanting to quit the company and start your own business using the knowledge you’ve learned. The problem? The agreement you just signed with the previous company prevents exactly that. Suddenly, you don’t feel so excited about your career anymore – you feel trapped. What can you do to get out of this situation and resolve the problem? The answer comes in knowing the true nature of non-compete forms.

As with most legal issues stemming from a contract problem, you’ll first want to get a copy of the non-compete form – if you don’t already have one – and fully review its language. Is the language about branching off on your own ironclad? Are there any potential “outs” that would give you carte blanche to do so? For example, some contracts will simply stipulate that you wait six months after leaving a company – you may simply need to find a way to feed yourself for those six months before you fully branch off.

Of course, not every non-compete form will have that kind of clause in it. If that’s the case, and you really need to get out of this form, you might have to work with the other party directly in order to come to some sort of mutual agreement.

For other people, signing a non-compete form is not a big deal, especially if the non-compete form has an expiration date on it. They can simply work for the company that hired them and continue their career development in that way. It may never be their wish to ever compete with their existing company in any way.

But if you do need to fight a non-compete form in order to branch out on your own – and you have few other options -  you may simply find that non-compete forms are difficult to enforce in a court of law. For example, if you do not use any information you learned at your old job to give another company an unfair advantage, you’ll often find that the former company does not have very solid grounds to get a court to enforce the contract. After all, the point of the non-compete form is to prevent this kind of unfair advantage. If that unfair advantage doesn’t exist, it could be argued that the non-compete form has been honored.

Whatever you sign, be sure that you know what you’re getting into before you sign it. A company will tell you that “this is just a simple form,” but you need to make sure you understand its complexities if you plan on signing and then honoring it.

If you want to make sure you keep your pets’ company after a divorce, here are just a few things you must know:

Pet custody can be hotly contested. When you begin a divorce, it’s tempting to believe that you’ll receive the benevolence of your spouse simply because you always viewed yourself as being more attached to the pets. But the ferocity of pet custody contests might just surprise you. After all, if your relationship has disintegrated to the point of divorce, it might follow that you really didn’t know how attached your spouse is to the pets – or simply how much they want you not to have them. It sounds outrageous, but it happens often.

Shared custody is one possible outcome. Chances are you’ve already researched a lot about shared child custody – when the children spend time with you, and when they don’t – but it may surprise you to learn that shared custody can happen for pets, as well. This is especially true if the pet custody issue is a hotly contested one, as mentioned above, and the two sides are unable to come to a complete resolution. The only option at that point may be simply to split the difference and share the pets.

Pet custody is often about negotiation, not a court decision. While courts may get involved in order to resolve the profound disputes over child custody, many courts leave it to the couples themselves to decide what to do about the pets. This means that if you want custody of your pets, you’re going to need to somehow convince your spouse to allow this to happen as part of the divorce arrangement.

Custody can depend on ownership before marriage. If you two purchased or adopted pets during your marriage, it may make the issue of who gets the pets a little more muddy. But if a pet was already owned by one party before the marriage, it may make it more likely that that same party will retain custody after the marriage is legally dissolved.

Lawyers can help negotiate. With the courts generally staying out of the pet custody battle, one role of your divorce lawyer will be to negotiate a pet custody arrangement between you and the other party. A good divorce lawyer will be able to move things around in the arrangement in order to make a proposal the other party will accept; a great divorce lawyer might just be able to get you a little bit of everything.