Legal Jobs Guide

Someone recently told me, “You would have to be a stupid to lose your personal information.” While I respectfully responded to this person in the moment, the comment has stuck with me. I present on Identity Theft all over the Western United States, and thought I would respond to this particular individual in writing.

There are multitudes of ways to lose your personal information. You have undoubtedly heard of many of them. Fake web sites, data theft, stealing people’s trash, stealing people’s outgoing mail, check fraud, etc., are just a few of the possibilities for loss of information. Job ads are also being used for Identity Theft. Monster.com ranks fake companies posing as real companies on their web site among their biggest problems.

So, to you who think that it could never happen to you, you might want to read this next sentence twice. No matter how good you are, no matter how vigilant, no matter how much you shred or tear, no matter how many times you go to the post office so that you don’t put outgoing mail in your home mailbox, regardless of how well you can hide in your home, there is no 100% effective defense against Identity Theft. Let me say that again, in case you don’t read it twice. There is NO 100% effective method to defend yourself against identity theft.

Here’s an example of why. Let’s say you want to get health insurance, or auto insurance, or finance a car, etc. etc. etc. Let’s say for purposes of this example that you are trying to get health insurance through your company. This is a relatively simple process, right? Fill out the form, and wait to get the insurance cards in the mail.

What you may not realize is that the insurance agent has taken the form you filled out and submitted it for group health. It is submitted to three different companies for underwriting. So now, the insurance agent and the insurance company has the information from you, the three companies supplying the insurance coverage have the information on you, AND all of the employees at all four points have access to the information. Think about how many employees that might be.

That information is often then passed on to a data warehouse like ChoicePoint, and anyone who has access to ChoicePoint now has access to that information. Who has access to ChoicePoint? I think with the recent news articles, the more appropriate question is, who doesn’t have access to ChoicePoint?

The information is also submitted to your MIB (Medical Information Bureau) file. Anyone who has access to the MIB files, now has access to all of that information. Who has access to the Medical Information Bureau records? Anyone, at any hospital around the United States, who has even a small amount of clearance, has access to the Medical Information Bureau records.

According to John Gardner, co-author or Chicken Soup for the Entrepreneurial Soul, “This makes the Identity Theft Shield, along with a Pre-Paid Legal Services Membership, an absolute must for anyone that’s breathing.”

So to you, sir, who more or less said to me, “You’d have to be stupid to become a victim of Identity Theft!” I wish you my best. If you want to continue thinking that shredding your information is going to protect you, then for you I respectfully choose a phrase used by my friend Larry Smith. “Sometimes, you just can’t fix stupid.”

Jonathan Kraft is Colorado’s foremost expert on computer-related Identity Theft. He has been helping employers and employees to protect themselves from the issues surrounding Identity Theft since long before identity theft reached today’s epidemic proportions. To learn how Mr. Kraft can protect you or your company against the effects of Identity Theft, please call 877 825-7119, or email mailto:jkraft@strive4impact.com. You can also find out more online at http://www.strive4impact.com/idt

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Believe it or not, a paralegal (or legal assistant) is not a licensed profession in the United States. While some paralegals originally received on the job training when the profession came into existence in the 1960s and 1970s, more people entering the field today do so with certification. Certification is voluntary, not a requirement to be a paralegal. However, a paralegal with certification and special training is generally better prepared for promotion and will stand out in a field of candidates who might likely meet most qualifications but who are not certified.

To get certified as a paralegal or legal assistant (the terms are used interchangeably), one must pass a test from one of several paralegal organizations. Certification for paralegals is a little like that of attorneys. Just because an attorney passes law school doesn’t make him or her a lawyer. They must first pass the bar exam. The same situation is true for paralegals. Completion of a certification program does not make one a certified paralegal. It’s passing the exit exam that issues that certification.

In addition to entering the field as a certified paralegal, most of today’s legal assistant professionals choose to continue their education as an on going process. Some want to specifically develop certain areas of their work — like receiving additional training in commercial law, criminal law, estate planning, etc.

When you are searching for a certificate program to either begin or continue education in the paralegal field, you will have to weed out those programs that are not right for you. There are quite a few programs out there. Some say they are approved by or compliant with the American Bar Association. The best way to check is to contact the bar association in your state. Tell the bar association representative that you are seeking information about either entering the field or continuing professional development certification and ask for program referrals. While most states do not require certification for people to be a paralegal, the state’s bar association will be able to hook you up with some of the organizations and programs they do recognize as reputable.

If you are looking into various online certification courses or correspondence courses, check with your state’s attorney general’s office and better business bureau to see if any complaints have been filed about the institution offering the courses. The state’s bar association would be another good source of information as well.

While selecting your choice of study for paralegal certification may take some legwork initially, it will pay off for you in the future. Besides, the research you do as you search for certification information will better prepare you for the types of research you may end up performing as a legal assistant. Additionally, it may save you a lot of expense and heart ache in the future. Nothing would be worse than “completing” a paralegal training program only to find out that its certification is not recognized widely and after the expense and time, you basically have nothing to show.

This article may be reproduced only in its entirety.

Scott Knutson is an entrepreneur and writer. For more of his articles visit: Paralegal | Online Paralegal Degree | Paralegal Schools

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A real estate contract is a mutual promise between a buyer and seller of property for the future transfer of ownership of the property. The contract does not transfer ownership, it is only an agreement to do so at a future date and time providing all conditions stated in the contract are met.

For a real estate contract to be considered valid a number of requirements exist.

It is obvious that a real estate contract will include the parties (Seller & purchaser) Other parties may join the contract as well- for example, a real estate broker, or an escrow agent. All parties included in a real estate contract should be clearly identified by name, and their capacity (seller, purchaser, agent, etc) It is important for a seller to be identified in the contract exactly the way the seller holds title to the property. Purchasers should sign and be identified exactly the way they wish to take title. The name of the person should be printed underneath the signature line.

A real estate contract usually includes the consideration from one party to the other. Consideration is usually money or something of value.

A contract should also describe the the property being sold. A description of the property from a survey is ideal, but not necessary. Most states will accept the description as long as the property is clearly and distinctively identified.

Any personal property included in the sale of the property should also be included in the contract. For example curtains, throw rugs, etc. If there is anything that might be questionable it is recommended that you indicate in the contract whether or not it is included in the sale.

According to some the most important element of a real estate contract is the price. In relation to price the method of payment should also be stated. This is the way the price will be paid and received. The contract should provide the exact method of payment (cash, notes, certified check, etc)

A contract should also contain the quality of title at the time of closing. The most common terms are “marketable title” and “insurable title.”

The closing of a contract is a date when the parties to the contract agree to perform all of their promises stated in the contract. A purchaser usually pays the remainder of the purchase price, and the seller usually transfers ownership to the purchaser. The date, time, and place should be set in the contract. A definite date and time for the purchaser to take possession of the property should be included in the contract. Possession can take place anywhere from immediately after closing, to a set number of days following the closing. The closing date.

When entering into a contract it is important to consider the mental capacity of the parties. For example if a minor signs a contract it is not enforceable by law.

Lastly a meeting of the minds must be met for a contract to be legally enforceable. A meeting of the minds simply means that both parties agree on the same terms, same thing, at the same time.

Real Estate Contract Packages

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