vMDguNrs71nBNG8oQcvZrCs7v6aIWfxW: November 2012

Monday, November 26, 2012

What Do Lawyers Look for in an Expert Witness?

Are You The One?

One quick search in expert witness directories is enough to give you hundreds of individuals specializing in certain knowledge area. But not all of these experts are qualified to testify in court.

You may have more experience than the other professional witnesses (other term for expert witness), and it sure earns you additional credit, but it is not an ultimate guarantee. There are other things that lawyers consider before they decide to hire your expert opinion.

But before we go into that, let us just re-instate and reiterate the importance of experts.

The Importance of Expert Witnesses

In countries with democratic judicial system, a dispute is resolved through trial. Both sides present their arguments, which are heard by an objective third-party such as a judge or a jury. This procedure of handling disputes is admirable as it gives both sides a chance to speak up. But sometimes, problems arise when the third-party is not knowledgeable about the subject matter.

So to prevent biased or clouded judgment, an expert witness is called to testify. An expert is an individual who, with his expertise, provides his expert opinion to determine whether the document or evidence presented in court is factual or truthful.

What Lawyers Look for in an Expert Witness

So what do lawyers look for in an expert?

1. Knowledge of the case

An expert needs to know the case very well. His duty is to provide truthful and objective information about the case, so to achieve that, he must be well-prepared and well-researched. He must have the ability to foresee unexpected questions and prepare for objective answers.

2. Truthfulness and objectivity

An expert is hired to assist the court in determining whether a piece of evidence can be admissible in court. For the court to do that, the expert must be honest and objective at all times. He must not be inclined towards either parties, and must answer all questions fully.

3. Work ethics

Lawyers want an expert that they can work with harmoniously. They pick people who are professional and highly dependable.

4. Good communication skills

Lawyers want an expert who can confidently speak and explain difficult concepts before a group of people.

Experts are expected to provide a clear explanation of technical terminologies and other ambiguous terms. They are also expected to clarify confusing and difficult concepts. So to achieve this, an expert witness must be able to express himself clearly and confidently.

Legal Placement Services: The Difference Between Court Reporters and Paralegals When Should You Contact a Litigation Lawyer? Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases

Legal Placement Services: Information Regarding Court Reporters

While most people might not think that The Wild Wild West, Billy the Kid, and Wild Bill Hickok might not have anything to do with reporting or legal placement services, in a way they do. What they have in common is their timing, because 1893 was when the first idea of coming up with a national court reporting association (NCRA) came to mind. The idea came to fruition in 1899 in Chicago where the National Shorthand Reporters Association (NSRA) held their first meeting. About the year of 1927, the NSRA set their first code of ethics and allowed women to take a more active role in the profession.

Enough about the history, some people who might be considering this career path might be more curious about the types of court reporters there are and the certifications required. The information below will describe these two pieces of information about court reporters.

Types of Court Reporters

A court reporter is often referred to as a shorthand reporter, a law reporter, or a stenotype operator, all of which have the same definition of transcribing the happenings of trials. No matter what the profession is called, there are different career paths the professional can advance toward with the right training. Some of the different types of court reporters that require this training include Registered Professional Reporters (RPR), Registered Merit Reporters (RMR), Registered Diplomat Reporters (RDR), Certified Realtime Reporters (CRR), Certified Broadcast Captioner (CBC), Certified Legal Video Specialists (CLVS), and Certified Program Evaluators (CPE).

Those who think technology would eliminate the profession are obviously wrong because while technology provides a sense of better accuracy those recordings or videos still need to be transcribed. Many court reporters choose to work as freelancers because along with working for law firms, they can work for television companies by transcribing captions for the hearing-impaired.

Types of Required Certifications

The Nationally Recognized Certification has been administered to court reporters since 1937. Additionally, the RPR has replaced the licensing exam (also known as the state certification) in 22 states. As previously mentioned there are many different types of reporters, but some of them are simply different levels of certification:

Registered Professional Reporters (RPR) - The first level of certification that holds about 11,000 certified professionals. Registered Merit Reporters (RMR) - 2,100 professionals claim this second level certification spot. Registered Diplomate Reporters (RDR) - 450 have reached this third certification level.

Becoming certified might be challenging with all the different accuracy and type-speed requirements, but it provides a number of benefits. For one, certifications give professionals more opportunities because it shows the professionals' level of commitment to their profession. It also gives them the opportunity to build their skillset and enhance their credibility.

While the process of becoming a court reporter might be frustrating and challenging, it has its benefits and many different career options. If this article has not provided enough information for professionals who are looking to pursue a career in this profession, the interested professional should contact local legal placement services or NCRA.org for more information.

The Hidden Costs Of Judgment Collection

After creditors win their judgment, most want to be done paying for courts, lawyers, process servers, private investigators, etc. Most creditors do not want to pay any more fees to get their judgments recovered. However, one way or another, it costs time and money to recover judgments. My articles are my opinions, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. This article highlights expenses, including lesser-known expenses, that creditors may face when trying to get their judgments recovered, under six different scenarios.

1) When you recover your own judgment: The pros are that you keep full control, and you do not have to split what might be recovered. When someone else recovers your judgment, you must share an average 50% of what gets recovered, and other people will usually work on the easiest-to-recover judgments first. If you recover your own judgment, you set the priorities, and keep all possible recoveries. The cons are you gamble that any time and money you invest, will pay off. Judgments are not guaranteed, and any time or money spent trying to recover them can easily go down the drain.

2) When you sell your judgment for cash upfront: The pros are you get some cash, and the only expense is $10 to notarize an assignment of judgment to the buyer. The con is average judgments (without a judgment debtor having massive available assets) sell for 1 to 6% of their face value, and you can waste your time trying to prove otherwise.

3) When you assign your judgment to a judgment enforcer: The pro is they take over the hassle and financial risk of recovering your judgment. The cons are you must assign your judgment to them, and pay about $10 for a notarization of that assignment, and share whatever is recovered over time. Some creditors do not like to assign their judgments, because of the risks of depending on any one person. Some judgment enforcers charge a fee to get started, and/or ask judgment owners to share some costs, and/or have contracts that charge a fee if the judgment is vacated, or the debtor goes bankrupt, etc.

After you assign your judgment to a judgment enforcer, it often takes a long time for any potential progress to be made. Often, it is a case of your judgment debtor having few available assets. However, you might eventually feel the enforcer is not doing enough, and you may want your judgment back. The judgment enforcer might insist you first reimburse them for their court-approved costs. If the judgment enforcer disappears or does not respond, you must then pay for a court motion and hearing, to try to undo the assignment of your judgment to them.

4) When you choose a collection agency to recover your judgment: The pros are you do not usually have to assign your judgment to them, because they work on your behalf. They spend all the time and usually all the money required to attempt to recover your judgment. The cons are that most collection agencies do not specialize in recovering judgments. Those that collect judgments keep a share of what is recovered, and some also charge a fee to get started.

Some collection agencies also charge extra if they have to litigate to recover your judgment, because they have to pay their lawyers. This can happen when the collection agency has to domesticate a judgment to another state, undo fraudulent transfers, etc. Usually, clients are notified before such extra costs are incurred, so if the client does not agree, usually the collection agency will return their judgment. This is almost always an optional choice for the creditor, and creditors should not, and rarely do, get unexpected bills from collection agencies. The best collection agencies use lawyers to recover judgments, so creditors never have to pay any hourly attorney charges.

There is a difference, when the collection agency is owned by attorney(s) or not. When a collection agency is attorney-owned, in many states, when attorneys represent clients on a contingency basis, the law is their clients must pay most or all court filing fees, and certain other fees. When a collection agency is not owned by attorney(s), the agency often pays most court filing fees.

Sometimes, when a collection agency brings up the topic of their client paying a litigation or filing fee (e.g.) to domesticate a judgment, the creditor will not want to pay. One solution is for the creditor to assign their judgment to the collection agency. The reason assigning a judgment to the collection agency can work, is because after the judgment is assigned to the agency, they are no longer representing the creditor, so the agency can pay the court filing fees.

5) When you choose a non-contingency lawyer to recover your judgment: The pros are you get some control of the timing and plans to recover your judgment. The cons are you must pay them a retainer and by the hour, and all expenses, without any guarantee of success.

6) When you choose a contingency lawyer to recover your judgment: The pros are you do not have to pay for the lawyer's time, and they usually advance some of the expenses, except where laws make the creditors pay court filing fees. Also, they usually get the best results. The cons are they usually only accept certain judgments, and may sometimes first place their priorities on clients that pay by the hour. If you later want your judgment back, you might owe the lawyer some money because of their quantum merit contract clauses. Such clauses mean a contingency lawyer can get paid for the work they did, if you choose to fire them.

Cheap Asset Searches

When you are recovering a judgment, there seems to be no limit on how much you can spend, attempting to discover assets to recover some money from your judgment debtor. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

The easy, yet expensive way to find the possible available assets of your judgment debtor is to hire a private investigator, pay an asset location search company, or pay monthly for a professional data service subscription. The good ones are expensive. This article highlights some cheap and possibly time consuming methods of locating assets of your judgment debtor using public data records. The free and cheap methods are rarely as good as the expensive options, however they sometimes work.

The first search to try is the web (Google, Bing, etc.). Run your judgment debtor's name, address, and phone number. Try your searches using different quoting options, and perhaps also a few spelling variations. If there are no matches, try the debtor's spouse or parent information, if you know it, as that might provide clues about your debtor.

Look up your judgment debtor's name on Facebook and other social media web sites, because sometimes people brag about their assets, hobbies, or jobs on the web. Enter your debtor's home address into Google Maps, to see what their house or residence looks like. If your debtor lives in a shack next to a toxic waste dump and some railroad tracks, they may be judgment proof, and there is probably no need to do any more searches.

The next searches are for criminal records, because they show private judgment debtor information and are public records. Most of the "free criminal record searches" on the web are not free. I recommend first searching on the web for "yourcity criminal records". You might find a local courthouse on the web that lets you search to see if criminal records exist for your judgment debtor.

Unfortunately, most courts require you to visit their courthouse to view or copy their records and often you must pay for them. If you cannot visit the court, maybe this can be done by mail, or you might have to pay a few dollars to those "free" solutions on the web. Pick the web sites that show up on the first few pages of a web search.

Next, search for property records of your judgment debtor and their parents. The reason for also looking at the property records of the parents of your judgment debtor is to see if they own real estate assets. If they do, there is a chance your judgment debtor will inherit them someday. On the web, the free search sites quickly turn into pay services. Try searching on the web for "yourcounty property records" or "yourcounty, state property records". In some counties you need to visit the county recorder in person, or arrange and pay for a copy of the records by mail.

If possible, walk or drive by your judgment debtor's house or residence, and take note of what vehicles are parked there, and what you can see through their windows. Look for hints about toys they may own, taking care not to trespass or cause attention to yourself. This is a long shot because usually window coverings are closed, however sometimes the garage door is open and a shiny new motorcycle or boat is showing. Also, you might try to follow them to their job some morning.

Next, there are judgment debtor examinations and possibly third-party examinations. These are not as cheap as they should be, yet once you pay the fees and the expenses to have your judgment debtor served, your patience and determination will be the most important factors.

Unfortunately, vehicle ownership record information from sources other than from debtor examinations are rather expensive; requiring a private investigator, or through other expensive and complicated solutions including the department of motor vehicles. Through debtor and third-party examinations at the court, you can determine possible vehicle ownerships. Judgment debtor examinations and document requests may lead to information about other available assets owned by your debtor.

If the free and cheap asset discovery tools do not pay off, and you think your debtor has some type of available assets, it might be worthwhile to pay for a private investigator to perform an asset check on them.

Court Reporters: Tips for Choosing a Quality Reporter

Court reporters help law firms record the language of official proceedings. Because the language of the proceedings may impact the outcome of a legal case or an important business matter, finding a candidate who has the right skills and disposition for the job is important. If your company or law firm needs a court reporter, the tips below will be helpful for choosing one who is qualified for the job.

Evaluate Training

After completing basic training, most reporters go on to specialize in certain types and areas of reporting. For example, some may specialize in real-time reporting for deposition services, while others may specialize in voice writing for trial services. The key is to choose a candidate who is trained in the discipline of the type of reporting you need, and has the requisite experience working in the area where you need it.

Speak With References

A candidate's references are a good source of information about the aspects of his or her performance that a resume does not address, such as professionalism and interpersonal demeanor. When a candidate receives positive reviews from former clients, it speaks to the person's ability to deliver the subtle performance qualities that are required for deposition services and other disciplines of reporting.

Evaluate Personality

Court reporters need personal characteristics that not everyone has, such as patience, impartiality, and attention to detail. Unfortunately, discovering whether candidates possess these qualities before they are hired is often difficult. Speaking with a candidate's references is a good way to gain insight into his or her personality, but hiring a candidate from an agency that employs a rigorous screening process is the surest way to hire a candidate who has the right personality for the job.

Evaluate Experience

Most new reporters are as technically competent as seasoned ones, but the latter have had more opportunities to prove their skills. When a person is needed to record the language of a high-profile company meeting or deposition, the customer should ideally choose a candidate who has years of experience.

Hire From an Agency

Hiring a candidate from an agency offers the following advantages, to name a few:

The person's state licensure is confirmed The person's credentials, training, and experience are confirmed The person is evaluated for personal suitability to the job The person is only retained as long as they produce quality work The agency can supply other legal assistance as needed

Evaluating a candidate's personality is difficult without performing a lengthy interview process and administering personality tests. Because reputable agencies include these measures in the hiring process, hiring a candidate from an agency brings added assurance that the person is qualified for the job.

Conclusion

Court reporters record the language of legal proceedings and official meetings, and reproduce it in the form of a manuscript. The tips above help companies identify candidates who have the right skills and personal qualities for the tedious, impartial job of court reporting. To learn more about deposition services and other services that are performed by court reporters, contact a full service reporting agency today.

Court Reporting Services: Selecting the Right Company for Audiovisual Evidence

Videography has become a court reporting service in high demand because it allows legal counsel to see gestures and reactions of the witness as they are giving their testimony. This service is a helpful tool to attorneys as they create their case and the acquired information serves as proof throughout a trial. Professionals in this area of legal outsourcing offer multiple types of assistance including:

Forensic Animations Documentaries Deposition Services Court Proceeding Filming Meeting Transcription Filmed Media Analysis

Specialists are capable of recreating evidence supplied by a firm to generate a forensic animation. Cameras are usually placed in the courtroom to create deliberation evidence to juries. Filmed media is also used to complete transcription services during the proceedings. Professionals have the experience necessary to detect tampered recordings. This capability is important for ensuring all submitted evidence is accurate and pertains to the case.

What Should a Firm or Company Assess When in Need of Deposition Services?

Deposition service selection requires particular attention to the reputation of the company. A trusting, dependable relationship must be built to make certain the provider will be able to deliver the desired quality. A firm or business considering deposition assistance should first evaluate past work experience by speaking with current or previous clients. The company must be able to handle high-pressure cases, remain professional, and get the work done when required. Thorough research ensures the selected provider has the resources on hand to meet client needs. A videographer must include specific information on the recording for it to be considered as valid by the court. The court reporting service finished product should have an introduction, proper shots, date/time stamping, and a well-managed evidence chain. The deposition company will ask questions up front to make certain the appropriate information is included in the recording. They must certify the recording after its completion and verify the clarity of each testimony. Quality professionals will have no problem providing references or showing samples of their work.

Professional court reporting services supply individuals with a high degree of skill and experience who are capable of meeting deposition requirements. Companies with a great amount of expertise are able to supply:

Case Management Teams Skilled Reporters Hi-tech Production Facilities Technical Support Real-Time Reporting Audiovisual/Text Synchronization Exhibit Numbering Assistance File Indexing Secure 24-Hour Access

The list of services surpasses what has been laid out above, and available assistance is catered to the individual needs of a firm or private business. Videography has become a valuable tool in legal procedures. It is used for the pre-trial discovery process, to capture trial proceedings, and by the jury during deliberation. Deposition services in a legal setting are acquired to document a witness testimony before the trial occurs. This allows both legal counsels to review the testimony while creating their case. The information can be used in place of a real-time testimony when the witness is unavailable. Video recordings created outside of a courtroom are acquired to document meetings, speeches, or internal testimonies regarding a company issue. The service has continued to increase in significance as the importance of visual evidence and documentation has been recognized.

Quantum Merit Clauses

Quantum Merit (occasionally spelled Meruit) is not an atomic quality, it means having the right to be paid for the work you did, even if that work was not specifically identified in a contract. Quantum Merit is a claim of one's right to be paid. It can be an argument in a lawsuit pleading, when there is no specific contract describing the work that was performed. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

An example of a quantum merit situation would be if someone mows a person's lawn for a month, and the homeowner benefits, knows about, and accepts that it got mowed, and thereby should understand that it was not getting mowed for free.

Some contingency collection lawyers, even if they do not put the words "quantum merit" in their retainer agreements, have clauses that state they have a right to be paid for their time and expenses so far, in the case where their client fires them suddenly. Quantum merit clauses are more commonly used by small collection companies, and by attorneys in sole practices. They are put in place, in case a lawyer puts in (e.g.) 200 hours and some money into a judgment recovery case, only to have the creditor then say: "give my judgment back to me right now". The quantum merit contact clause states the attorney can charge for the work they did.

Some attorneys use quantum merit clauses, especially after a few experiences, working hundreds or thousands of hours on large and complex judgment recovery situations; only to have clients fire them, and then use the information the attorney discovered to attempt to recover the judgment themselves, or choose another lawyer, after the "jar has been loosened".

When there is a quantum merit-style clause in your attorney's retainer agreement, you might owe the lawyer some money, because such clauses mean a contingency lawyer can get paid for the work they did, if you choose to fire them.

Quantum merit clauses may not be legal in every state, because they may be considered a contradiction of terms. When it is not defined in a contract, it should not be charged, is the way it goes in many states and courts. When you have a collection agency recover your judgment, such clauses are very rare, even when their attorneys are working on a contingency basis to recover your judgment.

Not every contingency recovery lawyer uses quantum merit contract clauses. Of course, you are free to not sign their retainer, or try to negotiate some of the terms on it. The fairest clauses specify if an attorney is fired, they get paid for only work they have done.

Judgment And Safe Deposit Boxes

Bank levies are the first thing to try, when you want to recover your judgment. This being the case, the first information to try to discover is where your judgment debtor banks. Most judgment debtors do not maintain bank safe deposit boxes (or Safety Deposit Boxes - SDBs), however some do. Bank levies require a writ of execution from the court. My articles are my opinions, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Even when you know that your judgment debtor has a bank safe deposit box (SDB), those are expensive to levy. Levy instructions should request funds from the debtor's checking and bank accounts first; and then to check for any safe deposit boxes in the name of your debtor. At that point, there is a decision to make, whether to gamble on the value of the contents of what is inside their SDB. If you can afford to risk the extra costs of having the Sheriff levy the judgment debtors SDB, it may be worth specifically requesting the SDB contents on your levy, when it gets served on the debtor's bank.

Just as some judgment creditors are not aware that the contents of a debtor's safe deposit box can be levied, many judgment debtors think that the contents of their SDB at their bank is protected from creditor levies. Judgment debtors may think they can hide some assets in a SDB, and no one will ever know. They might keep a wide variety of assets such as cash, collectibles, documents about notes receivable, jewelry, etc. That misunderstanding by judgment debtors, can be good news for judgment creditors. Those valuables can be subject to a creditor's bank levy execution.

To levy a judgment debtor's safe deposit box at their bank, you need to make a request that the bank and Sheriff check for, and possibly freeze the contents of their SDB, on the levy or execution forms filed at the court, or with the proper authority. Once the Sheriff, or other proper court representative; serves the papers on the correct bank, the contents of the judgment debtor's SDB, is subject to being used for payment toward satisfaction of your judgment.

For a levy that includes a check for safe deposit boxes, instruction letters to Sheriffs should say something similar to: "please have the Sheriff levy all funds under the name of Dan Debtor SSN 123-456-7890 at CostAPlenty bank, 123 Rich Street, San Jose, CA, 90001, for the judgment debtor. Please levy first any and all savings and deposit accounts, and then if the writ of execution is not fully satisfied, check for any and all safe deposit boxes in the name of the judgment debtor".

In California, CCP 700.150 specifies the details on how safe deposit boxes are levied, and how debtors are served notice. Government Code Section 26723 is referenced, which simply specifies a fee of $125 to open a SDB. The judgment debtor may be allowed to open their SDB voluntarily, and some do. Otherwise, the creditor must pay for forcing open and then repairing the SDB. Most of the time, this additional levy expense can be documented and added to the judgment debtor's debt.

What will happen if your levy finds a judgment debtor's safe deposit box? If your Sheriff levy instructions specify that you will pay (or prepay) the extra costs of levying a judgment debtor's bank safe deposit box, their SDB will be opened. Sometimes the key to open the SDB will appear, which usually saves the creditor money. All too often, hiring a locksmith is required to force the safe deposit box open.

When the bank's levy department responds with its "Memorandum of Garnishee", it will indicate the presence of any SDBs held in the name of your judgment debtor. At that time, the Sheriff will send you a letter and give you (e.g.) five days to let them know you want the box(es) opened by drilling. If you do, you will have to pay the Sheriff some money (e.g., $150 per visit) and usually, the bank more money (e.g., $300 per box) to drill the box(es).

The bank will offer the judgment debtor a chance to visit the bank and open their box voluntarily (however not to remove any contents). If the judgment debtor does not accept the bank's kind offer, their safe deposit boxholder privileges will be forfeited and the drilling takes place on the appointed day. Some Sheriffs require the creditor to be present on this festive occasion, others do not.

Occasionally the judgment debtor or a third-party, will claim some or all of what is in the safe deposit box does not belong to the debtor. In that case the non-debtor co-owner would have to come forward and file a third-party claim of exemption with the Sheriff, indicating the source of the funds or assets. If you suspect shenanigans, you may be able to subpoena records related to the ownership of the contents of the safe deposit box.

Will the expense of levying your debtor's SDB contents be worth the cost? Anything can happen. Their box could be empty, or it could have rare coins, stolen property, drugs, or a thick stack of $100 bills, or most anything else that can fit. Hopefully, you will find a treasure waiting to satisfy your judgment. The debtor can be in attendance, along with anyone else who has something in their SDB. It is usually fun to watch the debtor's face when their (formerly private) safe deposit box gets opened.

Court Reporters: Versatile Legal System Employees

Court reporters are responsible for the integrity of various documents used during trials and are a fundamental contributor to the legal process. Individuals in this position create the official manuscripts necessary to build a case and ensure the validity of each taken testimony. A reporter generates transcripts from spoken testimonies, conversations, and speeches held in or outside of a courtroom. Transcription is one of many forms of assistance provided by outsourced professionals. Reporters also assist with the organization of information held within official records. They are sometimes called on to seek out specific information for legal use by a representing party. Professionals additionally aid in closed-captioning, real-time translation, videography, and deposition services required outside a traditional trial setting.

Deposition Services: What Tasks are Delegated to a Professional?

Deposition services are often associated with court proceedings; however, the assistance is applicable in multiple non-court related scenarios. A legal transcript is sometimes necessary to handle human resource issues within a company or to officially document a meeting. The service is completed by one of four methods: stenographic equipment, electronic recording, voice writing, or videography. A stenotype device is used to create the necessary documents by shorthand. It is then combined with a computer system for real-time captioning in situations where a trial is publicly televised. Electronic recording involves the application of audio equipment to record the testimonies or events as they take place. The reporter identifies each speaker, verifies quality, and then creates a written transcript from the acquired audio file. Voice writing equipment prevents anyone else in the room from hearing the professional as they speak into a silencing device.

Videography services provide a recording of a meeting or testimony along with the written transcript. This latest approach allows more to be seen by individuals who are responsible for reviewing the testimony. Specific equipment is utilized to obtain the recording, which can be reviewed at any time during the trial. Videography services have been acquired by parties outside of legal practices to acquire a high quality recording of certain events. Reporters are responsible for updating existing transcripts and proofreading each document. They review the included information such as names and locations to ensure discrepancies are not present. Court reporters manage all documents to provide the most accurate information. They are responsible for these specific tasks in the legal system:

Standard Reporting Deposition Creation Public Hearing Reporting Transcription Videography Keyword Indexing Formatting of Documents Closed Captioning Translation

While most frequently used within a legal setting, these tasks are not strictly attached to trial proceedings. Deposition services, for example, are applicable in any situation where a person must recount an event. They have been applied in countless corporate settings and even for individual use. Reporters are utilized when closed captioning is necessary for television programs or other events. Videography also has numerous purposes outside of a recorded witness testimony. Any company, law firm, or individual in need of well organized, official documents has this hiring option available. Court reporters continue to be essential to the trial process and outsourced professionals provide an option to overloaded firms or companies in need of additional assistance.

The Help of a School Violence Expert Witness

School violence takes a variety of forms and can happen to anyone. It can be in the form of physical abuse, emotional torture, or even mental abuse. Common examples include bullying and sexual harassment. Aside from the traumatic experience they bring, these acts can have a negative effect on the social, mental, and physical well-being of the victim.

It is for this reason that school violence should be acted upon immediately.

About a few months ago, an interview with a legal education expert was aired on one of the country's most popular news channels. In the interview, the expert said that there are tons of school violence cases that schools are not seriously looking into. Some of them may have implemented certain policies, but still, the issues remain unsolved. Many students, teachers, and school administrators suffer from injurious behavior and other types of bullying, which often result to legal confrontations and court trials.

In these trials, a lawyer of either the defendant's or plaintiff's side often requests for a violence expert. The expert can be a professional who comes from the following field of expertise: psychology, psychiatry, sociology, and other professions that have a direct involvement in the case.

Many of these experts hold different positions in various fields. Some of them are school superintendents, administrators, specialist in legal education, educators, clinicians, experts in safety and supervision issues. These professionals are summoned to give their expert witness testimony regarding the following: the effect of the violent act on the victim, a detailed report on their findings, and perhaps a suggestion to help prevent future violence.

Before a violence expert takes the stand to testify, there are certain qualities that he must possess and certain requirements that he must satisfy. One of these requirements is his track record. He must demonstrate his expertise in court by producing the necessary documents and credentials. The common qualities of school violence experts include the following:

extensive experience in school-related violence cases such as physical abuse, accidents, bullying, and injuries; and years of experience as an expert witness (testimonials, deposition, reports and documentations).

When hiring a school violence expert witness to help you in your case, take a look at his track record. Experienced expert witnesses are not intimidated at the site of a judge. They can confidently provide a detailed account of their findings and recommendations. They remain focused and objective even during tough cross-examination sessions.

Contingency Judgment Recovery

When you cannot recover a judgment yourself, and you cannot afford to pay a lawyer by the hour to attempt to recover your judgment, and you cannot sell your judgment for more than a few pennies on the dollar; your best choice is to find a contingency recovery solution. Contingency judgment recovery means future payment. You do not get paid cash up front, you get money in the future if and when, money is recovered from your judgment debtor. Usually, there are no expenses to the judgment owner. Usually, it takes a long time to get any money.

One contingency judgment recovery choice is to assign your judgment to a judgment enforcer. However, there are other solutions that do not require you to assign your judgment. Examples are a contingency lawyer or a collection agency. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

There is a wide variation in the collection agencies that recover judgments. Most of them are old-school, and use only the telephone and letters, to attempt to annoy judgment debtors into paying. The best collection agencies also use lawyers, and look for judgment debtor assets to have the Sheriff levy. They work just like judgment enforcers do, except you do not have to assign your judgment to them. Usually, when you have a contingency expert recovering your judgment, and no progress is being made, it is because your judgment debtor has no assets showing.

When a collection agency is owned and run by lawyers, often they are not allowed to pay court costs or Sheriff fees. That means even if they charge you nothing upfront, and nothing per hour, you might have to pay some court fees, which are modest when compared to hourly attorney fees.

When you retain a contingency collection lawyer, there are two kinds of lesser-known fees you might face. In some states and situations, you might have to pay the court costs. Also, some lawyers have Quantum Meruit contract clauses where if you fire the lawyer, you might owe them for the time and expenses they put into trying to recover your judgment, even if no progress has been made.

Most people would prefer to be paid cash up front for their judgments. However, for every actual judgment buyer, there are a thousand contingency recovery experts. And, when you do not have to assign your judgment, there is not that much difference, because cash up front buyers must perform due diligence, which can take weeks; and some contingency recovery agencies promise results, or they will return your judgment in 15 days.

When your judgment debtor is poor, cash upfront judgment buyers will pay you almost nothing, and usually no contingency recovery solution will get you paid either. When your judgment debtor is middle-class, a judgment buyer may pay you a few pennies on the dollar, and a future pay contingency expert will probably recover some or all of your judgment money in the future.

When your judgment debtor is rich, cash judgment buyers will take a few weeks to carefully research your judgment situation, because rich debtors can hire lawyers to fight recovery efforts, or hide their assets. Future pay contingency experts might recover money in weeks, if your judgment debtor has lots of available assets showing. So when your judgment debtor is rich, you get money quick, no matter what recovery option you choose.

With future pay contingency recovery solutions, you do not have to assign your judgment. That means you keep ownership, you pay nothing upfront, and usually nothing at all. You do not spend any time or go to court, and get half or most of what may get recovered.

When you want cash up front, shopping your judgment does not help much because actual judgment buyers all pay about the same. They always pay for judgments based on what the judgment debtor's situation is. Shopping a $5,000 judgment around to ten judgment buyers, might eventually bring you a range of offers from $240 to $265.

With contingency recoveries, you can shop around, however there is a problem because often you get what you pay for. Someone that charges 30% to recover your judgment may not try as hard as someone charging you 50%. Sometimes, the cheapest contingency rates come from people that are not very good at recovering judgments. They may try to get as many judgments as they can, and spend very little time on ones that do not look really easy.

Usually, when good judgment recovery companies charge you 33%, they make you pay some court costs, which is not always their idea, it is often the law. The 50% ones usually absorb the fees. When your debtor is rich, a judgment broker knows the best deals. Contingency recovery with a good collection agency or lawyer, is the way most judgments actually get collected. If your debtor has assets, you can get money quickly.

Special Interrogatories in California Litigation

This article will discuss the use of special interrogatories in California civil litigation.

Special interrogatories are a vital tool for obtaining the facts, witnesses and documents on which a contention is based so they can be reviewed.

The rules governing special interrogatories are found in Code of Civil Procedure Sections 2030.010, et seq.

Code of Civil Procedure Section 2030.010 states that, "(a) Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Section 2017.010) and 3 (commencing with Section 2017.710), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by propounding to any other party to the action written interrogatories to be answered under oath. (b) An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based. An interrogatory is not objectionable because an answer to it involves an opinion or contention that relates to fact or the application of law to fact, or would be based on information obtained or legal theories developed in anticipation of litigation or in preparation for trial."

A defendant may propound special interrogatories at any time, however a plaintiff may not do so until at least ten (10) days have passed since service of the summons on the defendant, or the general appearance by the defendant, whichever occurs first. See Code of Civil Procedure Section 2030.020.

There is a numerical limit of thirty five (35) on the number of special interrogatories. However if a supporting declaration stating that any additional interrogatories are warranted due to the complexity of the case and other certain factors is attached, then any party may propound more additional special interrogatories. See Code of Civil Procedure Sections 2030.030 and 2030.050.

These rules only apply in an unlimited civil case, in which the amount being demanded in the lawsuit is more than $25,000.

There are certain format restrictions on special interrogatories. No special interrogatory may contain subparts, or a compound, conjunctive or disjunctive question. See Code of Civil Procedure Section 2030.060. This means that a special interrogatory cannot contain part a, b, c, etc., nor can it contain a question with more than one part, and it cannot contain the word "and" which is conjunctive, it also cannot contain the word "or" which is disjunctive. Although many special interrogatories do violate these format rules any party using such a format runs the risk of the opposing party objecting on those grounds.

While depositions are also a vital tool they have limitations, particularly the fact that deposition questions may not ask party deponent to state all facts, list all witnesses and identify all documents that support or pertain to particular contention in that party's pleadings, although that information is discoverable when sought by written interrogatory.

The California courts have ruled that the scope of discovery in California civil litigation is very broad. Any doubts are applied liberally in favor of discovery.

For discovery purposes, information is relevant if it might reasonably assist a party in evaluating case, preparing for trial, or facilitating settlement.

Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence.

Special interrogatories are very useful in that they allow a party to obtain the facts, witnesses and documents that support the opposing party's claims or defenses.

If you enjoy this article please tell others about it.

Yours Truly,

Stan Burman

DISCLAIMER:

Please note that the author of this article, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this article is NOT intended to constitute legal advice.

These materials and information contained in this article have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this article is not intended to create, and receipt does not constitute, any business relationship between the sender and receiver. Any readers should not act upon this information without seeking professional counsel.

A Story of Ukraine and of the Russian Naval Base in Ukraine

This informative article shows that International treaties have to be consistent with national and international law if they have to represent the interests of the country and its people.

On the 21st of April 2010 in the city of Kharkiv in Ukraine, President Victor F. Yanukovich of Ukraine and President Dmitry A. Medvedev of the Russian Federation signed The Agreement where the period of the Black Sea Fleet of the Russian Federation to remain on the territory of Ukraine is extended for 25 years, from 2017 to 2042 with an automatic prolongation for 5 additional years.

In Ukraine, The Agreement caused indignation of the opposition, of parties of ecologists, of local Councils and in general of all segments of the Ukrainian society. A great number of analyses concluded that The Agreement contradicts the Constitution of Ukraine.

The Association of Independent Jurists and Journalists "The Democratic Space" decided to examine The Agreement and the legal grounds both for The Agreement and against it. The research focused on whether The Agreement fell in compliance with the applicable standards established by the current Ukrainian legislation and binding norms of the International Law. So, the whole article of this is based on the findings of the Association's "Analysis of The Agreement between Ukraine and the Russian Federation pertaining to questions of presence of The Black Sea Fleet of the Russian Federation on the territory of Ukraine".

The current Ukrainian and International laws that apply to this Agreement are:

1. The Constitution of Ukraine.

2. An agreement (named the Basic Agreement) between Ukraine and the Russian Federation "On the Status and Conditions for the Black Sea Fleet of the Russian Federation to Remain on the Territory of Ukraine" dated 28.05.1997.

3. An agreement between Ukraine and the Russian Federation "On Parameters of the Black Sea Fleet Division" dated 28.05.1997.

4. An Agreement between the Governments of Ukraine and of the Russian Federation "On Mutual Calculations Related to the Black Sea Fleet of the Russian Federation Division and to Remaining on the Territory of Ukraine" dated 28.05.1997.

5. The Law of Ukraine "On the International Treaties of Ukraine" dated 29.06.2004.

6. The Law of Ukraine "On the Order of Access and Conditions for Sub-Units of the Armed Forces of Foreign States to Remain on the Territory of Ukraine" dated 22.02.2000.

7. The Vienna Convention "On the Law of Treaties" of 1969.

An Examination in the aforementioned Analysis by the Association's President determined that:

1. The Law of Ukraine "On the International Treaties of Ukraine". foresaw that an International treaty of Ukraine might be extended due to the conditions established by the treaty itself;

2. The aforementioned Basic Agreement, concluded for a period of 20 years, by Article 25 envisages its prolongation only for 5 year periods providing that the period of its effect would be further automatically prolongated for subsequent 5 year periods unless any of the parties advised the other party in writing of the termination of the Basic Agreement's effect no later than a year before an expiration of the Agreement's period of validity". It means that, from the day of an expiration of the valid 20 year period, the term could be extended only in 5 year increments.

In our case, as we see, the 20 year validity term of the aforementioned Basic Agreement, did not come to an end and hence as it is obviously seen, the legal grounds for its prolongation did not exist in 2010. Since the Basic Agreement does not foresee a prolongation of the agreement for more than a 5 year period, its prolongation for a period of 25 years by The Agreement, does not have any valid grounds.

An access of sub-units of other states to to the territory of Ukraine is permitted by the aforementioned Law of Ukraine "On the Order of Access and Conditions for Sub-Units of the Armed Forces of Foreign States to Remain on the Territory of Ukraine", dated 22.02.2000. It states that such an access may be performed in accordance with the following underwritten aims (an aim is an obligatory indication in an International Treaty ) as they follow:

a) the joint participation with sub-units of armed forces of Ukraine, and with other armed formations for military training, and in other arrangements directed towards an improvement of military readiness, exchange of experience within the frameworks of agreements concerning international military cooperation intended for a joint preparation of military sub-units grounded in the frameworks of military cooperation according to the international treaties of Ukraine;

b) a transitional displacement of sub-units of armed forces of other states across the territory of Ukraine when the term of such displacements might not exceed 10 days unless other is not stated by an international treaty of Ukraine;

c) rendering military assistance to Ukraine at its request for the purpose of responding to: military aggression of a third country, in extraordinary situations caused by natural and man-made consequences;

d) maintenance of military units temporarily located on the territory of Ukraine due to international treaties.

The Agreement concerned envisages neither an aim that could have corresponded to national interests of Ukraine that could substantiate a need to prolong the military presence of the Black Sea Fleet in Ukraine, nor duration of this presence which accords with Article 5 of the aforementioned Law "On the Order of Access and Conditions for Sub-Units of the Armed Forces of Foreign States to Remain on the Territory of Ukraine". These conditions have to be understood as having clear distinctness and limitedness in time and conformity of that presence to the interests of Ukraine, but not of Russia. To the contrary, Article 2 of the aforementioned Basic Agreement speaks only of the interests of Russia i.e. of the interests of the Black Sea Fleet of the Russian Federation.

The Agreement, contrary to the requirements of this Law of Ukraine, does not define any limitations to the activity of the Russian Naval Base. That is, it does not impose a prohibition for the Fleet to join military conflicts with third countries, so that the national interests of Ukraine might be threatened. In the light of the Resolution of the 29th Session of the General Assembly of the UNO, in such a case Ukraine might be considered an accomplice of the aggression and would be automatically absorbed in war if ships of the Black Sea Fleet of the Russian Federation based on the territory of Ukraine participated in military actions, since there are no agreements establishing the right of Ukraine to ban the use of armed forces of the Russian Federation from the territory of Ukraine against a third country.

The Agreement does not define an amount or order of payments to Ukraine for the rental of land and of other landed property on the territory of Ukraine, e.g. for living quarters; for the use of the territorial waters and airspace of Ukraine; for air navigation and hydro-graphic searches should military sub-units be located there; or for providing Russian nationals with communal and other services. The Agreement does not define the process of determination of damages and recovery of damages to Ukraine and to third countries, or to physical and legal persons on the territory of Ukraine due to the actions or lack of actions by personnel and sub-units of the Russian Black Sea Fleet. The Agreement does not envisage a procedure to exercise control over activities of sub-units of the armed forces of the Russian Federation, including the possibility of revisions without notice, of how the sub-units of the armed forces of the Russian Federation might meet conditions of this agreement.

The Agreement does not stipulate conditions for a denunciation of this agreement, which means that The Agreement cannot be denounced or withdrawn from by a party to the Agreement as it is provided for by Article 56 of the Vienna Convention "On the Law of International Treaties", stating that such a denunciation or withdrawal can not be considered legal if an agreement does not contain such a condition in its body. The Agreement manifestly does not comply with the requirements of the Convention and the aforementioned Article 5 of the Law of Ukraine dated 22.02.2000. So, one needs to conclude that any agreement that would be legal and responsive to the interests of Ukraine would foresee a limit to the stay of the armed forces of the Russian Federation on the territory of Ukraine.

The Agreement of 21 April 2010, like the Basic Agreement of 28 May 1997 that was extended, set such limits that would allow the Russian Federation to believe that its Fleet would remain on the territory of Ukraine for a long period of time. That such presence does not reflect the national interests of Ukraine is substantiated by Article 17 of the Constitution of Ukraine, which reads that presence of foreign armed formations shall not be permitted on the territory of Ukraine. And although account 14 of part XV of the Constitution of Ukraine envisages the existence of foreign military bases on the territory of Ukraine, it emphasizes that such a presence of the armed forces of the Black Sea Fleet of the Russian Federation in the Crimea ought to be temporary, on conditions of rent, in a manner stipulated by international agreements.

Supporters of The Agreement, while referring to its Article 2, speak of the value of this agreement to the national interests of Ukraine and its people saying that a rental payment for the presence of the Black Sea Fleet of the Russian Federation on the territory of Ukraine, beginning from 28 May 2017, will comprise payments by the Russian Federation to Ukraine amounting to 100 million American dollars per year plus additional costs, received as a reduction (beginning from the date of this agreement comes into force), of the price of natural gas established by the current Contract between NAK NAFTOGAS of Ukraine and VAT GASPROM in the amount of 100 USD per each 100 m³ of gas provided for Ukraine.

Also, should the price exceed $333 per 100m³ of gas; then it is reduced by 30%, paid out for the supply volume stipulated by the above contract. These additional funds have to be registered as monthly totals, as payment of the obligations of Ukraine, to be cleared off through the execution of provisions of Article 1 of this Agreement.

Thus although The Agreement is specific in having the obligations of Ukraine cleared off, it does not recognize the obligation (and if there's not an obligation, then there's not a responsibility) of Russia to make the rent payments to Ukraine in the amount of 100 million US Dollars. In the wording of Article 2 of this Agreement, payment as lease for the presence of the Black Sea Fleet of the Russian Federation on the territory of Ukraine, starting from 28 May 2017, will comprise payment for the presence of the Black Sea Fleet of the Russian Federation on the territory of Ukraine. Such a wording defines the amount of payment, but not an obligatory annual payment of this sum to Ukraine for the 25 years' period to which the basic agreement is extended.

Moreover in this provision of The Agreement, the terms of such payments did not have a clear meaning and according to the requirements of the Vienna Convention "On the Law of International Treaties" (Article 32),The Agreement concerned is inadmissible for being equivocal. So, on the one part, the rent payment due to Article 2 of The Agreement, dated 21.04.2010, has to be received by Ukraine together with the concessionary gas prices beginning from 28 May 2017, while, on the other part, the agreed payments have to be made by Ukraine to Russia from the date that this Agreement comes into force, that is from the date of ratification( on27April 2010) by the Ukrainian and Russian Parliaments.

The Agreement does not envisage a legal mechanism to ensure the execution of payments by Russia to Ukraine that demonstrates the failure of The Agreement to assert the national interests of Ukraine and its citizens. The lack of such a mechanism in The Agreement will make the recovery of the agreed but not paid sums difficult, even if so ordered by international courts. The Agreement is clearly more concerned about gaining permission for the navy of the Russian Federation to be based on the Ukrainian territorial waters of the Black Sea, than about intentions of the Russian Federation to make future payments to Ukraine in return for Ukraine's granting permission for a further extension of the Russian Fleet's presence in the territorial waters of Ukraine. That is, The Agreement is secured only by the other party's absolute confidence in the promises of the Russian Federation.

In order to evaluate the validity of this confidence, one needs to analyze the Russian Federation's fulfillment of preceding agreements mentioned above.

Some Ukrainian Internet and journal articles pertaining to these questions state that the Russian party more than once had violated treaty requirements of the aforementioned agreements between Ukraine and the Russian Federation and that is substantiated by the facts as they follow below.

In 2005 military personnel and equipment of the 382nd detached battalion of marines disembarked in the Crimea from a Russian landing vessel of the Black Sea Fleet "M. Filchenkov" with the authorization of the Russian Federation. The Russian party had not adjusted their plans to hold maneuvers and combat training on Ukrainian territory with the competent Ukrainian authorities as was their obligation. The maneuvers and training included vessels of the Black Sea Fleet crossing the frontier of Ukraine, which is specifically addressed in the above Agreement "On an Order of Ordnance Yards Use for Combat Trainings of the Naval Forces of Ukraine by the Naval Forces of the Black Sea Fleet of the Russian Federation".

On 15 April 2008 an APR-3M-1 aircraft rocket designed to attack vessels was lost from a nautical sea yard by ships of the Russian Federation. Authorities of the Black Sea Fleet did not acknowledge this by any documentation. On 26 April 2008, a coastal command of Ukraine found this rocket on a seashore of Privatnoye - a village of the Alushta district in the Crimea. Such a loss of this military rocket endangered the local inhabitants. Experts of the Naval Forces of Ukraine examined the rocket and concluded that the Russians had brought armaments to the territory of Ukraine that had not been stipulated by the Russian- Ukrainian agreements.

During the preparatory arrangements to commemorate on the 29th of April 2008 the 250th anniversary of the City of Sevastopol founding, ships of the Russian Federation performed maneuvers in the bay of the city. During these maneuvers ten armored troop carriers of the 810th regiment of marines of the Black Sea Fleet landed from the landing ship "Azov". The troop carriers and marines performed military exercises and marched through the streets of the city to the point of their re-embarkation in the Kozacha bay. Permissions for naval maneuvers and for the movement of armored troop carriers along the streets of the city had been given neither by the Center of Regulation of ships' movements of the Transportation Ministry of Ukraine nor by motor inspection department of the Ministry of Internal Affairs of Ukraine.

According to the information from UNIAN the Ministry of Foreign Affairs of Ukraine issued a decisive protest against systematic neglect by the Russian Black Sea Fleet of provisions of the Basic Agreement.

On 8 July 2009 law enforcement officers of Ukraine detained vehicles of the Black Sea Fleet of the Russian Federation that in violation of the agreements were transporting winged rockets through the densely populated city of Sevastopol without any permission from the Ukrainian authorities. Experts concluded that those actions of the Russians created a risk of extraordinary emergency. The possibility of such threats increased when the Russian Federation amended its defense structure legislation through Presidential Ukase dated 10.01.2000 (#24). This Ukase envisages an application of forces beyond the confines of the Russian Federation in case the national interests of Russia require it.

A deployment on the Ukrainian territory of the Russian potential nuclear weapons transports, including the armored cruiser "Moskva", the patrol ships "Pitlivy" and "Smitlivy", as well as airplanes: "Su-24", "BC-12", and "KA-27" is an infringement of the International agreements of Ukraine."

Some actions of the commanders of the Black Sea Fleet of the Russian Federation violated the sovereignty of Ukraine on its territory, and violated the rights of Ukrainian citizens when the commanders enclosed some inhabited locations with fences and established checkpoints at entrances making them closed areas. For example, this was done in the city of Kacha, hindering the free movement of the inhabitants of the peninsula.

More than once Russian authorities subleased lots of land and landed property belonging to Ukraine to other persons and legal entities, without necessary permissions and approvals, who in the course of time changed their function, modified structures etc. Lessees and sub-lessees did not properly maintain some properties leased to them, causing gross material losses. These violations of the basic agreements between Ukraine and the Russian Federation concerning the Black Sea Fleet, as it is understood, are a vivid substantiation that the execution of The Agreement does not support absolute confidence in the promises that the Russian Federation will pay the rent agreed in return for the Black Sea Fleet's staying on the Ukrainian territory.

The Agreement we are examining both as other agreements concerning the Black Sea Fleet do not clearly define the legal status of landed property. Neither do they secure the rights of Ukrainians to that property given by Ukraine to the Black Sea Fleet of the Russian Federation in a way that allows the authorities of the Fleet to sublease to commercial parties against the interests of Ukraine. The Agreement as well as the preceding agreements mentioned above, could be better understood to represent the interests of the Ukrainian state and of its citizens if they clearly defined the rent payments for the use of the land, defined waters, air space and other privileges of Ukraine. The Ukrainian Delegation when concluding the first basic agreements concerning the rent of lands and specific waters by Russia, proposed different calculations based on the Russian legislation that resulted in a sum of 420 million US Dollars. During the negotiations in Kyiv, the Russian Delegation headed by the then PrimeMinister V. Chernomyrdin did not agree with that sum.

The Ukrainian delegation then proposed a calculation based on average rates of payment for lands situated beyond the confines of inhabited settlements that amounted to $22,000 US dollars per hectare per year. The first proposed figure of 420 million dollars was close to world rates. For example, the USA while renting the naval base in Subic Bay in the Philippines, which doesn't have the developed infrastructure of Sevastopol or Feodosia in the Crimea, pays $25,000 dollars per year for the use of a hectare of the base's territory. The Russian Federation uses eighteen parcels of land totaling 23 hectares in the cities of Feodosia, Yalta, Yevpatoria and Saki, and in the Black Sea Region. One can imagine what the payment to Ukraine would have been, had the terms been determined in the agreements. According to this rate, Russia will have to pay to Ukraine 471 million US Dollars annually. Russia was not able to pay such an amount to Ukraine. Hence debts for energy carriers were set as a base for the calculations. The Agreement like other basic agreements pertaining to the Black Sea Fleet of the Russian Federation envisages the payments for stationing of the Black Sea Fleet in Ukraine through the repayment of Ukrainian debts.

If The Agreement and other basic agreements could be concluded in a way that satisfied and asserted the national interests of Ukraine and its people through an establishment of precise rates of rent for outlined areas of waters of the Black Sea, air space and lands of the Crimea with its infrastructure), then Ukraine could receive funds exceeding those 100 millions of American dollars promised by Russia, that could be used to cover payments to the Russian Federation for their energy carriers. But at the time The Agreement was being drafted these issues were not brought up by the Ukrainian party. To answer a why question, one may refer to Mr. Yanukovich's words saying in an interview to journalists that he had signed The Agreement because he had no choice regarding the conditions proposed by the Russians and because the economy of Ukraine was in a critical state.

So, going out of this one may conclude that The Agreement of 21 April 2010 was drawn by Ukraine in full compliance with the propositions of the Russian Federation's interests while disregarding the national interests of Ukraine and its people.

An analysis of Article 2 of the Agreement, which discusses the structure of rental payments in return for the Black Sea Fleet's stationing on the Ukrainian territory, shows that it contradicts fundamental methodology in the construction of international treaties that requires them to be unambiguous so as to facilitate the understanding of The Agreement. As an example of this is the fact that the rental payment for the use of the Ukrainian territory by the Black Sea Fleet of the Russian Federation, in the amount of 100 million dollars a year together with the funds as a reduction of prices for natural gas (up to 100 US dollars per thousand cubic meters) will take effect beginning from 28 May 2017 and not from the date of the Agreement comes into force, i.e. from 27 April 2010 that is the date of The Agreement's ratification by the parties.

That the Russian Federation was is and will be in no hurry to pay its contractual debts to Ukraine can be proved by the fact that, on 13 July 2007 at the headquarters of the Black Sea Fleet in Sevastopol, at the Exit Session of the Council of Defense and Security of the Russian Federation there was taken a decision regarding a transportation of remnants of ammunition kept in storehouses of the Fleet to the Russian territory The Council emphasized a necessity to find at the process of this transporting a mechanism to avoid export controls, taxes and fees that is illegal.

After all we have discussed, one may conclude that The Agreement did not fall in compliance with current Ukrainian and international law, concerning requirements to extend the period of presence of the Black Sea Fleet of the Russian Federation on the territory of Ukraine till 2042.

For this reason the Association decided to propose to President of Ukraine in accordance with some provisions of the Vienna Convention "On the Law of International Treaties" to make possible amendments to The Agreement of 21 April 2010, due to the legal grounds explored in the Association's analysis. On 08 May 2010 the Association of Independent Jurists and Journalists "The Democratic Space" sent its analysis with the proposition to President Victor F. Yanukovich of Ukraine. He has not responded yet.

While drawing a conclusion one may say that the aforementioned The Agreement between Ukraine and the Russian Federation concerning the prolongation of the Russian Naval Base operation on the territory of Ukraine does not have legal grounds for it doesn't fall in compliance with lawand hence it does not protect national rights and interests of Ukraine and its people. * * * * * * * *

Literature used in the process of writing this article:

1.The Constitution of Ukraine adopted by the Supreme Council of Ukraine on 28June 1996. 2.The Law of Ukraine, "On the International Treaties of Ukraine" dated 29 June 2004. 3.The law of Ukraine "On the Order of Access and Conditions for Sub-Units of the Armed Forces of Foreign States to Remain on the territory of Ukraine", dated 29 June 2004. 4 An Analysis of The Agreement between Ukraine and the Russian Federation pertaining to questions of presence of The Black Sea Fleet of the Russian Federation on the territory of Ukraine", by the Association of Independent Jurists and Journalists "The Democratic Space". April 2010

* * * * * * * * * * * * *

This article is written in English in Kirovograd, Ukraine, by Valleriy I. Shevchuk, LLM, Master of laws in Comparative Constitutional Law, president of the Association of Independent Jurists and Journalists "The Democratic Space",Senior Counsellor of Justice.

This is an adapted version of the Author's original article. The adaptation to American English was made by Ronald K. Robertson from Wichita, USA, who is a native born American.

Pro Hac Vice

Generally, one can only be legally represented by a lawyer within their own state, and that lawyer must be permitted to practice law in that state. Sometimes one wants to get something done (ordered) by a court in a different state. Some examples are for real estate purchases and sales, and in judgment recovery.

One way to get legal representation in another state is to hire a lawyer in that state. The other way to be represented in another state is to have your current attorney (or yourself if you are the attorney) petition the court in the other state for Pro Hac Vise permission; to represent you for your case, in their court. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Pro Hac Vice means "for this one case". It means getting permission from the new court for your current lawyer to co-represent you in their court. This always involves a second local attorney (at extra cost) to co-represent you (for that one case number) in cooperation with your current "foreign" (far away from the court) attorney.

An example of a Pro Hac Vice situation is when a lawyer is representing someone on a Federal judgment won in California, and there is a need to register and enforce that judgment in Florida where the judgment debtor absconded to. The lawyer is admitted to the California Bar, however not the Florida Bar. If one was representing themselves on a judgment they own, they could do this (if they know how), and move a Federal or most any other judgment, to another state and enforce it, because they are representing themselves. An attorney representing someone else, must work with a local Florida lawyer and get Pro Hac Vice access to co-represent their client in Florida.

Why spend for two lawyers? The reason to have your current lawyer stay involved in a court action in another state, is that your current lawyer might have extensive knowledge of your case. It would probably take too long, and cost too much to have a new lawyer in another state get fully up to speed on your case. In such a situation, it can be cost effective to have your attorney work with a local attorney. Your current lawyer may not even have to travel. They can coordinate their Pro Hac Vice access to the court with the local attorney.

Your current attorney must be licensed in at least one state, and they in cooperation with a local lawyer, must petition the court for Pro Hac Vice access to co-represent you in a particular matter. Sometimes a court will need a statement from a local Bar Association saying your lawyer is in good standing. The local court will also require a fee, often about $500 per Pro Hac Vice case. The court has the discretion to (rarely) deny, grant, or grant with restrictions, their order to permit your current lawyer Pro Hac Vice representation, along with a local lawyer.

When your current lawyer has Pro Hac Vice access and a local lawyer is retained in the new state, how involved should that local attorney be in your case? That is something to discuss with your current lawyer. Generally, it is best to have the local lawyer do all the mechanical and procedural work, and have your attorney help that lawyer with the strategy and pleadings. When you or your current attorney select an attorney to co-represent you on a Pro Hac Vice basis, select one that is very near the court, and familiar with the task at hand.

How A Wireless Expert Witness Can Help You

"Wireless expert witness" is the term given to a professional who has spent a considerable number of years working in the field of wireless communications technologies. He is considered an expert, or someone who is more knowledgeable about one or more areas in the industry.

Some of these areas include the following: 3G networks and technology, Bluetooth system, mobile phone billing systems, SMS or text messaging services, smart phone technology and services, wireless terminals, and wireless apps.

Cases or Issues Addressed by Wireless Authorities

When you or your business is involved in a legal case related to wireless communications technologies, your legal team will require you to employ the services of a wireless expert witness. There are several types of services that will be provided for you, and some of them include the following: consultation, testimonial, report writing, and assistance in your legal proceedings.

Here are the different cases that a wireless authorities can you help you with.

1. Service billing errors

In extreme and rare cases, individuals or businesses will settle their billing error disputes in court. Experts can help by analyzing the billing system and where the error emanated (should there be one).

2. Patent disputes

Experts are summoned to provide their expert opinion regarding cases related to patent theft, infringement, or breach of contract.

3. Market analysis

Wireless expert witnesses may be called to court to give their opinion about market trends and their own expert forecast. Sometimes, these pieces of information are needed when one party is claiming compensation for losses or damages.

4. Licensing agreements

Before companies agree to certain terms, they need to consult with a wireless experts to know if they are on the right track. These experts will review the documents or reports presented for veracity and/or accuracy.

5. Quality defects

Almost everyday, companies receive complaints from dissatisfied customers about their products' quality. Wireless expert witnesses are summoned to examine if these claims are valid by looking into past and present data, and by examining the methods and procedures employed.

When hiring a wireless expert witness to help you with your case, here are some guidelines and reminders. First, employ only those with enough experience both as an expert and as a professional. Also, it helps if you take a look at the background of the wireless specialist. Last, hire someone whose given expertise is directly related to your particular case.

Monday, November 26, 2012

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