[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

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Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm.

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So reported The Indiana Lawyer on Monday:
The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years.

This news is according to a Sept. 4 letter by Mishawaka attorney E. Spencer Walton Jr., chair of the Indiana State Bar Association's paralegal committee that has been studying the issue for years and drafted a Proposed Rule 2.2. In October 2006, the bar association tabled the measure for a year and in October 2007 sent a report to the court for consideration.

As it currently stands, Indiana does not have official qualifications in place for its estimated 4,000 paralegals - anyone who wishes to call himself or herself a paralegal can do so. Although the Indiana Rules of Professional Conduct govern an attorney's supervision of paralegals, there's nothing currently in place for governing these individuals directly.

For more read *Court not ready to create paralegal rule (http://74.219.68.10/ilemg/ILEmails/2008_09_08_ILDaily_Standard/Articles/2406.htm?1=1&EGEmailID=379&PublicationID=1&PublicationDesc=Indiana%20Lawyer%20Daily&EmailType=Standard).*

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[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3545

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The Massachusetts Biotech and Technology News and New England Local Business News has a very interesting article in Noncompete agreements that don't mean what they say (http://www.masshightech.com/stories/2008/09/01/focus4-Noncompete-agreements-that-dont-mean-what-they-say.html):

"With the rise in importance of intellectual property and the associated threat to such property as a result of an increasingly mobile workforce, noncompete agreements have become a standard part of employment agreements. Like a prenuptial agreement, noncompetes address what happens at the breakup of a relationship while the relationship is still good.

Typically, noncompete agreements purport to prohibit an employee from going to work for a competitor. While such agreements are generally enforceable like any other contract, they frequently are not enforced to the full extent provided, and, if you are defending against a noncompete agreement, certain steps can be taken to decrease the odds of their full enforcement.

The law in most states is clear: Noncompete agreements will be enforced, but only to the extent reasonably necessary to protect the former employer's legitimate business interests, typically identified as the company's trade secrets, confidential information, goodwill and, sometimes, special skills. On its face, a noncompete agreement that says that the departing employee may not go to a competitor may seem quite reasonable and, therefore, enforceable. That is not always so....

Nothing I cannot disagree with anything so far and I will say that you will similar comments from me in other posts here (just follow the "Non-compete agreements" link below). Still, good to remind people of these things.

The article proceeds to analyze two scenarios involving a sales person. These are worth reading.

These two paragraphs should be memorized by every employer using a non-compete agreement:To maximize the possibility of persuading a court that these dual, seemingly incompatible goals can in fact be harmonized, the employee and new employer should take active steps to disclose (i.e., do not mislead or even be coy with the former employer about the new job), describe (i.e., the employee and new employer should be clear about what the new role is and how it protects the former employer's legitimate business interests), and document their relationship before the employment begins. It bears mention that, because the enforceability of a noncompete agreement is so fact-intensive, not all three steps are advisable in all circumstances, but they should always at least be considered.

The most important guiding principle to remember is that noncompete agreements are as much about the equities as they are about the language of the restrictions. If a court believes that the former employee and new employer are genuinely trying — and able — to protect the former employer's legitimate business interests, the employee is far more likely to be able to work for a competitor than would otherwise be the case.
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[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

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Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Hasler law firm.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3523

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The Indiana Lawyer reports they might be. From State puts brakes on red-light cameras (http://www.theindianalawyer.com/html/detail_page_Full.asp?content=02375):"Green means go, red means stop. Motorists know that well, and in a 21st century society embracing technology on every front, it might not seem out of the ordinary to wonder if someone's watching to make sure motorists are stopping when they should.

Not in Indiana, at least not at the moment.

The Indiana Attorney General's Office has put the brakes on municipalities passing ordinances for the use of traffic light cameras in catching red-light runners. The state agency issued an official legal opinion Aug. 8, saying that any local ordinances or rules allowing the traffic control measures are illegal until state lawmakers first pass a statute allowing locals to move forward with those plans."

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>Most recently, the attorney general's opinion put the burden on legislators to decide how to proceed on red-light cameras. Sen. Earline Rogers, D-Gary, asked about the power of a municipality to implement those programs using stationary cameras to digitally photograph license plates of any vehicles entering an intersection on a red light. Hammond launched a pilot program in June for that, but at the time it was unclear whether state legislation was first needed before the ordinance could be adopted. Once the photos were taken, a private company operating the system would mail the tickets after a police review. Fines of $100 would be assessed and the tickets would be considered non-moving violations, similar to parking tickets.

Other communities including Gary, Hobart, Lafayette, and West Lafayette have expressed interest in the idea, which has grown more popular and controversial nationally. But the AG's Office says no.

"A red-light camera ordinance would be an invalid attempt to locally regulate conduct that is already regulated by a state agency," Attorney General Steve Carter wrote, noting that the General Assembly must first pass legislation. "Unless expressly granted authority by statute, a local governmental entity's passage of such an ordinance would be in contravention of the state's home rule law at Indiana Code Section 36-1-3-8(a)(7)."

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[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

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Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of rss:Debt Law Network.

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Texas Attorney General Greg Abbott recently issued a consumer alert advising parents who use a EPPICard, known in Texas as the Texas Debit Card, to access their child support payments to be aware of a new identity theft scam that targets EPPICard users.* Fifteen states, including Texas, use the EPPICards to disburse child support payments.**** The Internet Complaint Center* reports that EPPICard users are receiving e-mail, voice and text messages falsely indicating problems with their accounts.* The card user is then directed to update his/her account or correct the problem by clicking on a Web link included within the message.* The link directs the card user to a fraudulent Web site where his/her personal information, such as an account number and PIN, are put at risk.
EPPICard users have also reported receiving an email message offering payments to those who complete an online survey.* At the end of the survey, users are asked for their EPPICard account information so that funds can be credited to the account.** Again, the users are putting their financial information at risk when they provide the requested information.
EPPICard providers indicate they are not affiliated with survey Web sites and do not solicit personal information via e-mail and/or text messages.
Attorney General Abbott urges users of the Texas Debit Card to be vigilant and avoid this e-mail scheme.* He states parents should never open unsolicited e-mails or click on web links that appear in an unsolicited e-mail.* Doing so could activate hidden viruses or other malicious software or direct users to a decoy website that allows identity thieves to collect the information they need to empty the users' bank accounts and ruin their credit.
Texas Debit Card users who have questions about their account should call the program's toll-free hotline at 1-866-729-6159.* Customer service representatives are available 24 hours a day, 7 days a week.* Parents may also call the toll-free number to check account balances and obtain transaction histories.
*If you liked that post, then try these...*

With Humility Comes Wisdom... (http://www.debtlawnetwork.com/with-humility-comes-wisdom/) by Rachel Lynn Foley Kansas City Missouri Bankruptcy Attorney
Introduction to the Fair Debt Collection Practices Act (http://www.debtlawnetwork.com/an-introduction-to-the-fair-debt-collection-practices-act/) by Nicholas Ortiz, Boston Consumer Lawyer
Consumer Price Index versus Personal Consumption Expenditures Price Index (http://www.debtlawnetwork.com/consumer-price-index-versus-personal-consumption-expenditures-price-index/) by Kent Anderson, Oregon Bankruptcy Lawyer

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