Clint Jhonson asked:


Discrimination is something that although we didn’t hear much about years ago is very prevalent today, resulting in many cases of discrimination. This is in thanks to the many discrimination laws in Australia, United States and many other countries. Although there are many different types of discrimination, there are also many laws designed to protect people that have been discriminated against for one reason or another. Discrimination lawyers have the goal to help enforce the many discrimination laws and protect the individuals that have been victims of discrimination.

Although there are many different discrimination laws enacted to protect the public and individuals in general against discrimination, there are an equal number of people being discriminated against, resulting in the need of a good discrimination lawyer. Discrimination can seriously affect an individual and have an impact on their ability to gain employment, get a home, own a business, receive certain medical services, government services, voting rights and even a good education. Today anything that is considered as an intentional unfair or unlawful treatment against an individual because of their sex, age, handicap or disability, national origin or ethnicity or any other attributes is deemed to be discrimination.

If you suspect you have been a victim of any kind of discrimination, you are in need of a qualified discrimination lawyer. A discrimination lawyer can not only prove that there has been a clear-cut case of discrimination against you but can also have it determined in court, resulting in some sort of restitution. Discrimination lawyers will help to keep the discrimination laws enforced as well as protect the individuals that have been wronged by discrimination.

Many times, discrimination appears to be evident to the individual and all those involved with the individual, but may be very hard to prove. However, a good discrimination lawyer will be able to help you prove and win your case. Today there are many new cases of discrimination involving pregnancy discrimination, gender discrimination, religious discrimination, age discrimination, racial discrimination and even reverse discrimination.

If you feel you’ve been a victim of discrimination, you’ll need to find a good discrimination lawyer to help you with your case. Because discrimination is often easy to recognize but difficult to prove, look carefully before deciding on a discrimination lawyer. Make a list of different questions you’ll want to ask a discrimination lawyer before hiring him or her. As in any case, you need to feel comfortable with and confident in your discrimination lawyer. Some of the questions you may want to ask include:

1.    How much experience do they have in dealing with this court system? Believe it or not, every court system has certain ways of doing things and often handle cases a certain way. Being familiar with the legal and court system in a certain jurisdiction can be very helpful to your case.

2.    How experienced is this lawyer in cases of discrimination? This lawyer may be a great spokesperson and advocate against discrimination but that’s a long way from having defended and won discrimination cases. Make sure discrimination is their specialty.

3.    Have they ever handled your specific type of discrimination? A case of discrimination involving race is quite common today but doesn’t necessarily qualify the discrimination lawyer in a case of pregnancy discrimination. Find out if they’ve ever been involved in a discrimination case similar to yours.

4.    How well known are they in the area? If you’re resident, you may be familiar with this discrimination lawyer but if you’re not a local, learn all you can about this lawyer and his or her qualifications.

5.    What about cost? Find out exactly how much this case is going to cost you, including all fees. Make sure your discrimination lawyer is not afraid to explain every detail to you.

6.    Is the discrimination lawyer familiar with all discrimination laws that may apply to you? There are many types of discrimination and, with the laws always changing, it’s important that your discrimination lawyer be up to date on all the laws that may pertain to you and your case.

7.    What expectations does your discrimination lawyer have for this case? Make sure the lawyer can tell you exactly what he is hoping to get for you and what your chances of being successful are.

The Australian discrimination law has been influenced greatly by the discrimination laws in the United States as well as legislation regarding discrimination in other countries in the world. Australia defines discrimination in their International Labor Organization Agreement in 1973, as “any exclusion, distinction or preference made because of race, color, sex, political preference, social origin or national extraction which results in the act of nullifying or impairing equality of opportunity or treatment in occupations or employment. Discrimination lawyers are not just used for individuals but have also represented many businesses and organizations where cases of discrimination were apparent or implied.

Australia’s first anti-discrimination law was the Prohibition of Discrimination Act of 1966 in South Australia, a legislation that was repealed and then replaced. The first legislation discrimination law in the federal government that met with success was the Racial Discrimination Act in 1975. In 1977, the Anti-Discrimination Act was started as a way to prohibit and prevent discrimination in employment on the grounds of race, *** or marital status. This law also involved the provisions of services, goods and accommodation based on the same grounds of sex, race or marital status and on race when dealing with education.

Since the early 1970s, there has been much legal activity in Australia both statewide and federally regarding discrimination and many different types. The Commonwealth as well as the territories and states in Australia have either introduced or tried to introduce some new form of discrimination legislature. They also review regularly the current aspects of discrimination to determine if there are any ways to improve on the discrimination laws of Australia. Australia currently has the following discrimination laws in force:

•    Federal Racial Discrimination Act of 1975

•    Federal *** Discrimination Act of 1984

•    Federal Affirmative Action Act of 1986 (Equal Opportunity for Women)

•    Federal Human Rights and Equal Opportunity Commission Act of 1986

•    Federal Disability Discrimination Act of 1992

•    Anti-Discrimination Act of 1977 (New South Wales)

•    Equal Opportunity Act of 1984 (Victoria)

•    Anti-Discrimination Act of 1991 (Queensland)

•    Equal Opportunity Act 1984 (South & Western Australia)

•    Discrimination Act of 1991 (Australian  Capital Territory)

SD Lawyer asked:


Bundled Services

“Free” or “low-cost” PC offers often require “bundled” Internet service contracts, which may last up to three years. In return for signing up for Internet service, you can get as much as a $400 rebate on the computer purchase. While some of these offers can be good deals, many are not as affordable as they may seem. Frequently, important details about the rebate and Internet service offer are difficult to ferret out because they’re left out of the advertising or buried in the fine print.

Up-Front Costs

To get a “low cost” PC, you may have to pay the full cost of the computer up front – that is, the total price without any rebates. If the PC is advertised for $199 after rebates, you may have to pay $599, plus any sales tax and shipping charges, and then send for the $400 rebate.

Usually, you have to apply for the rebate in writing, mail in documentation of the sale and then wait – sometimes months – until you receive your rebate check. Sometimes “instant” rebates are offered and you can get your deduction immediately. But some offers allow you to spend the rebate only on other merchandise from the manufacturer or retailer, meaning you still have to pay the full price for the computer.

Internet Access

When you buy a “free” or “low cost” computer, you often have to sign up for three years of Internet service at $20-$30 a month – a total cost of up to $1,000 for three years. Technology is changing at a dizzying pace. It’s possible that the three-year Internet service you lock in today could be out of date in six months or a year. And if you’d like to cancel your service, you’ll likely have to pay a substantial penalty.

If you decide to cancel your Internet service for any reason, chances are you’ll have to pay back some or all of the rebate you received; you also may have to pay a cancellation fee of $50 or more.

If you don’t live in a major metropolitan area, you may have to pay long distance telephone charges to access the Internet. Or you also may be able to use a “toll-free” (800, 888 or 877) number supplied by the Internet Service Provider (ISP), but you may be charged five or six dollars an hour to use their “toll-free” number. Whether you choose to use the ISP’s telephone number or pay long-distance charges, your phone calls to access the Internet could add up to more than you’ll save through the rebate.

If the PC offer requires you to sign-up for Internet service, ask the retailer and the ISP for the Internet access phone numbers closest to you. Then check with your local phone company to determine whether you have to pay long distance rates to use those phone numbers. You may want to consider another offer if the “deal” you’re considering requires you to call long distance or pay a fee to access the Internet.

Other Costs

It’s possible that the cost of a monitor or other crucial system components may not be included in the PC offer you’re considering. The advertisements for the offer may not be clear about what’s included. If you have to buy a monitor, for example, plan on spending at least an additional $150.

When considering a “free” or “low cost” PC offer, ask the retailer about up-front costs, rebates, essential components, Internet access costs, long-term commitments, cancellation policies, local or long distance phone access and any other important issues. Details will help you determine if you can afford the “free” PC.

Child Custody Explained asked:


Although many people will tell you otherwise, child custody disputes can be very complex, and the more people suing for visitation rights; the messier it becomes. If grandparents are suing for visitation, parents have moved far away from each other, and now there are even step parents involved, child custody after divorce becomes a long drawn our expensive legal battle. You need expert help for child custody after divorce, and this means seeking a family lawyer to help you. Just remember though, the longer and more complicated the battle is for child custody after divorce, the more it is going to cost you, and the more it will affect everyone emotionally. If parents were initially more educated on child custody arrangements, then it would turn out better for everyone concerned, and better agreements could be reached that are the least unsettling for the children. One factor that should be kept in mind regarding child custody after divorce, is that the court will choose the best possible arrangement in the interests of the Childs well being.

Mother Child custody after divorce?

Over the years mother child custody has always being the favored arrangement given by the court, but this is no longer the case. In child custody disputes, both mums and dads will fight to get custody of the children, and the parent that proves them self the most worthy, will get favor by the court if they feel the best interests lie with that parent. The best possible option parents can consider concerning child custody after divorce is educating them selves as much as possible on child custody, and there are expert guides available to do so. The court will take a lot of factors into consideration when awarding ‘physical custody’ (who the children will live with) and ‘legal custody’ (the parent that has carte blanche on life decisions for the children’s upbringing). Some examples of these are the parents’ careers, lifestyles, their financial strength, family stability, and new relationship after the divorce if any. Disputes over child Custody after divorce cases can take a while to solve, and parents can resort to mud slinging, with all sorts of tactics to gain favor with the court.

Child Custody Rights

When there is a lot of conflict between parents about child custody rights, it will affect everyone emotionally, with the children more than everyone else. Even grandparents may come into the fray suing for visitation rights. During child custody after divorce disputes, both parents will have a lawyer present, and a lot of information will be gathered on the parent’s circumstances from the paying of child support, the well being of children, and legal and physical custody arrangements between the parents.

A lot of trauma can be avoided early on by seeking expert custody advice and education, and even legal costs can be reduced to save you a small fortune. Our expert psychologists at our Custody Advice Center offer you complete solutions that you can download in minutes. Read detailed information on child custody after divorce, real scenarios and advice, and everything you ever need to know about child custody online.

roby john asked:


A business lawyer can protect and wisely resolve any of your business issues. Many times a social or legal issue is created as a result of personal conflicts and can cause problems in a business. Sometimes, a legal problem can even result in business shutdown, huge loss of revenue, or lots of dollars spent to settle simple and sometimes irrelevant issues.

A professional California business lawyer can handle all kinds of business issues. A business lawyer has expertise, training, and immense knowledge of laws and their origins. Generally big corporations employ permanent business lawyers, or corporate counsel. Some medium sized businesses will have their own lawyers as well. Small businesses usually hire a California business lawyer when they have a specific issue and need legal help.

Before hiring a California business lawyer there are certain things you need to consider. Usually business lawyers charge their fees based on two things:  the complexity of the case and the firm’s level of expertise. Many lawyers also charge on per hour basis. Sometimes you have to pay for other things like conducting research, attending meetings, phone calls, and writing legal documents.

You must search carefully before hiring a business lawyer and then trust him to resolve your business legal issue. Business lawyers have expertise in resolving business cases related to patents, business acquisitions, employment law, etc. These lawyers also deal with financial lenders, venture capital firms, and investors. Business lawyers advise you on company mergers and ensure that you get the best deal; and they will even draft the disclosure documents for the Securities and Exchange Commission.

A business lawyer assists businesses in formulating a legal structure or the entity of the business. In addition to this, they assist in getting business licenses, partnership agreements, operating agreements, initial director’s meetings, stock certificates, share registrations, just to name a few.  They handle the tax implications of EIN applications, tax exemption filings, state business authorizations, employment compliance, and option plans.  They will also form the nondisclosure agreements as provided under business formation guidelines.

A business lawyer’s services also include preparation and review of contracts, shareholder, intra-company disputes, sale and purchase of businesses, intellectual property protection, disclosure laws, secured transactions, and restricted stock transfers.

Hiring a business lawyer is not difficult. You can hire one through referral or using web services. On the web you will find various legal firms offering different specialty legal services and associated levels of experience and expertise. A good business lawyer should be capable of advising you on nearly every legal matter.

A business lawyer can save your business assets from lawsuits by taking legal steps to protect them. The legal advisor should be present with you in nearly every business scenario. When you are busy in your business, your lawyer is there to look after all company matters like liability, taxes, autonomy, debt and finance, employee issues, contracts, etc.

Patricia Woloch asked:


Probate is the term for the process of formally disposing of a decedent’s possessions after their death. These days, by far the majority of probates in Colorado are simplified and not supervised by any court. It’s important to note however, that within ten days of a person’s death, their will must be filed with the district court, even if there will be no probate.

There are assets which are “non-probate”. Examples would be:

· A joint account between spouses, where the other spouse automatically gets the money in that account when one spouse dies

· Assets which name a specific beneficiary, such as a life insurance policy or a retirement account

When a probate is required

Those assets considered “probate assets” cannot be passed automatically to any beneficiary, but must be dealt with by the probate system. Examples of probate assets are:

· Stocks

· Automobiles

· Real estate

· Personal items

· Household items

· Bank accounts held individually

There are three ways of passing probate assets to heirs:

1. By affidavit

This can be done when the value of the assets is less than $50,000. The heir fills out the affidavit, which can be obtained at an attorney’s office or at the Colorado Judicial Branch’s online Self Help center. Those assets are then released to that heir.

2. Informally

This is how most Colorado estates are administered. There is no court supervision, although there may at attorney assistance. The correct forms must first be filed with the appropriate district court. These forms can also be obtained at an attorney’s office or from the Colorado Judicial Branch’s online Self Help center. Filling out these forms may well be a time to get some legal help, as things can be delayed and frustrating later on if you fail to provide all the necessary information.

When these forms are filed, the decedent’s administrator (personal representative, named in the will) can go ahead with paying bills and taxes and distributing the probate assets according to the decedent’s will. If the decedent died without leaving any will (died intestate), probate assets are distributed according to the laws of intestacy. A probate attorney’s help would be valuable here.

This all might take anything from six months to several years, depending on how complex the estate is. In Colorado, a probate typically takes between seven and twelve months.

3. Supervised

Court supervision is only needed when there is a dispute between people with an interest in the estate.

If you have been named as a decedent’s personal representative, it will be your responsibility to:

· Locate and value all assets

· Give notice to creditors of the death

· Pay debts and taxes for the decedent

· Distribute the rest of the estate to whoever is entitled to it

You will probably need some legal help if the estate is at all complex. Colorado law has reduced such costs. An experienced probate lawyer will be able to file court documents for you, prepare tax returns, and transfer documents and will charge for this at the usually hourly rate. You might well be able to do some or much of this yourself.

Frank Egan – LAC Lawyers asked:


The Civil Procedure Act 2005 (NSW) commenced operation on 15 August 2005. The Act represents a major progression in the regulation of civil litigation in NSW. For the first time in history civil proceedings in the Supreme, District and Local Courts and the Dust Diseases Tribunal will be governed by one set of common rules.

The sections of various Acts that have been moved into the CP Act are largely sections governing common procedural, as opposed to substantive matters. Those sections include matters of common concern to all the courts such as, case management regimes, costs and interest.

The Act will also streamline and simplify procedures and remove unnecessary differences between courts. It will lead to time and costs savings for the courts, the legal profession and the public. The Act also makes provisions allowing courts to utilise new technologies such as electronic lodgement of documents by clients and more efficient court management practice.

The Uniform Civil Procedure project, which formulated the Act and its accompanying rules, commenced in early 2003. A working party was established and chaired by Justice Hamilton of the Supreme Court of New South Wales. The party consisted of representatives of the District Court, the Local Court, the Bar Association, the Law Society of New South Wales and the Attorney General’s Department.

The guiding philosophy of this process was to deliver a common set of rules across the various levels of jurisdiction within the NSW judicial system. Under this policy three specific goals were targeted; to provide a common set of rules, simplified where possible, but without radical changes in substance or form.

The Civil Procedure Bill was finalised in September 2004.

The new Act and rules generally apply to civil proceedings in the Supreme, District and Local Courts and the Dust Diseases Tribunal. The Act and rules largely reflect existing provisions and continue to use phrases that have a settled legal meaning. The Civil Procedure Act contains some provisions moved form the Supreme Court Act 1970, the District Court Act 1973 and the Local Courts (Civil Claims Act) 1970.

A number of acts have been repealed in the wake of the new Act. Statutes that regulate civil procedure such as the Arbitration (Civil Actions) Act 1983, the Damages (Infants and Persons of Unsound Mind) Act 1929, the Judgment Creditors Remedies Act 1901 and the Local Courts (Civil Claims) Act 1980.

The relevant provisions of these Acts that have survived the consolidation process have generally been moved into the CP Act and rules and the Local Courts Act 1982.

Despite the prevailing policy of the project to streamline civil procedure and create a uniform regime, some differences between different courts have been maintained. In most instances this was a matter of practicality. The approach adopted recognises the fact that not all proceedings are the same. For example simple debt claims in a Local Court should not be subject to the same requirements as complex proceedings in the Supreme Court.

In other cases time constraints prevented the working party from moving specialist civil rules regarding probate and appeals to the Court of Appeal into uniform rules. It is intended that work will commence on moving these specialist rules into the uniform rules after the commencement of the initial set. The Corporations Rules and the Admiralty Rules, will not be moved into the uniform rules because they operate on a federal basis and are therefore apply nationally.

The main changes in terms of structure are moving directions and case management rules to an early position in the CP Act. This step was taken to embody the overriding purpose to give effect to the requirement of a just, quick and cheap disposal of proceedings.

Apart from the above alteration to structure the order of the Supreme Court Rules and the District Court Rules has essentially been maintained, that is, the process from beginning to end. This has been done to keep the rules both logical and familiar to users.

The CP Act gives a statutory basis for the issue of practice notes and regulates the relationship between itself, the CP rules and the remaining balance of the present rules. The senior judicial officer will be able to issue practice notes to deal with specific aspects of civil proceedings in a court. Under the operation of s 15 of the Act the practice notes will be subject to the CP rules and they will be disallowable under Part 6 of the Interpretation Act.

Furthermore s 17 allows the Uniform Rules Committee to approve forms for use in civil proceedings. New simple common forms address a number of concerns that have been raised about the existing forms and will meet future electronic filing requirements. The forms are available on court websites, at court registries and via legal publishing companies.

This simplified set of common forms will be used in all courts. This helped to give effect to an important objective of the project as it will save on costs. Practitioners will only have to keep one set of forms on their records and fill the required categories depending on which court they were in.

In all three courts there are to be two forms only of originating process, that is, statement of claim and summons. Additionally the rules as to pleadings and discovery and interrogatories are to be maintained.

The recently harmonised rules that have been adopted on a federal level regarding subpoenas are to be adopted by the CP Act.

Paul Fleming asked:


elphia is the city of Brotherly Love. It’s also a city that can be hard on your automobile. As a result, people often put a bad car experience down to external circumstances like poor roads or severe weather conditions but this is not always the case.

A new car shouldn’t give off grinding, clunking or clanging noises. A new car shouldn’t have paint peel or leaks or squeaky brakes. You have spent a good deal of money on your car, you should not have to spend hours, days or weeks getting it repaired. The car companies have terms and conditions included in their warranty, which can take those troubled people for a ride. That is why the car owners need a better understanding of the lemon law, which varies from state to state.

All 50 states have lemon laws designed to protect the consumer. They cover various types of passenger and multi-utility vehicles like trucks, cars, motorcycles and some even cover RV’s.

For residents of Philadelphia and Pennsylvania, the PA Lemon Laws specifically states that, “The manufacturer of a new motor vehicle sold or leased and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.” The actual details can vary from one state to another so it is important to find out about your own laws. As per the Pennsylvania Lemon Law three warranty attempts are taken as the limit.

The auto lemon law solutions depend on the extremity of the situation specific to each car owner. Even if a car is outside the lemon law of their state, the owner can still seek justice by means of Federal Warranty Statutes and Unfair Trade Practice Laws. In the Philadelphia area, the Philadelphia Lemon Law firm of Kimmel & Silverman has a stellar reputation. In addition to being named the best lemon law firm in the region by Philadelphia Magazine, the attorneys have been repeatedly honored as Pennsylvania Super Lawyers by Law & Politics Magazine. Their efforts have also been featured on KYW Newsradio, Channel 3 Eyewitness News, Action News, NBC10 News, Good Day Philadelphia, Fox News at 10 and the Channel 17 News at Ten, and in the pages of the Philadelphia Inquirer and many other local publications.

The lemon law firm of Kimmel & Silverman has been helping car buyers since 1991. Longevity speaks volumes in this industry. In addition, they are the only lemon law firm recognized by the American Bar Association for their work in this arena. Their website claims that they have won over 50,000 claims for distressed drivers in the area.

With their headquarters just outside the Philadelphia metro area, they have a solid knowledge of the city of Philadelphia and the Pennsylvania state Lemon Laws. They represent more Philadelphia drivers in lemon law and breach of warranty claims than any other firm in the Nation and their record speaks for itself.

The important thing to remember is that if your leased or purchased car is in the shop three times for the same problem while under warranty, you most likely have a lemon law or breach of warranty case even if the car is now fixed. Best of all, help is free. Visit http://www.lemonlaw.com for more information or follow them on twitter at http://www.twitter.com/1800lemonlaw. Knowledge is power, and the better educated you are, the more power you have.

Barney Garcia asked:


Lawyers form the backbone of the legal system and hold positions of great responsibility. Lawyers are also called attorneys and act as both advocates and advisors in our society. As advocates in criminal and civil trials, they represent one of the parties by presenting evidence and arguing in court to support the client. As advisors, lawyers inform their clients about their legal rights and suggest ways of action in both professional and personal matters. The nature of a lawyer’s job depends upon his or her area of specialization. They must be able to think quickly and speak with ease and confidence. At the same time they must be familiar with courtroom rules and strategy. They spend most of their time in researching, interviewing clients and witnesses and collecting other details required for the trial.

Bankruptcy, probate, international and elder law are some of the areas in which a lawyer specializes. The lawyer who specializes in environmental law represents interest groups, waste disposal companies and construction firms. They help the clients to prepare licenses and file applications for approval. Most lawyers are in private practice and carries out criminal and civil trials. In criminal cases the lawyer represents the clients who have been charged with crimes. They argue their cases in the law court to bring justice to them. Civil lawyers assist clients with litigation, wills, trusts, contracts, mortgages, titles and leases.

A single client may employ a lawyer for full time. When the lawyer is employed by a corporation, the lawyer is known as “house counsel”. The lawyer then advices the company concerning legal issues related to business activities. They may involve patents, government regulations, contracts with other companies, property interests and collective bargaining agreements with unions. A number of attorneys are employed at different levels of government. For criminal justice system, the attorney general, prosecutors and public defenders play significant roles.

The lawyers perform most of their work in offices, law libraries and courtrooms. Software is used to search legal literature automatically and to identify legal texts useful for a specific case. They use electronic filing, videoconferencing and voice-recognition technology to discuss a case with all the parties involved in it. The responsibilities of a lawyer while on a case are oral arguments in the court, research and drafting of the court papers, practice before administrative courts, client intake and counseling, legal advice on all the legal matters, protecting intellectual property, negotiating and drafting contracts, carrying out the intent of the deceases and prosecution of criminal suspects.

At the university level, law is taught by a faculty of law. The law students pursue a Bachelor of Laws degree. Law is often taught at law schools that awards the Juris Doctor degree. Law students in many countries have to pass a bar examination before receiving a license to practice.

State Bar Approved Lawyer Referrals asked:


The following information regarding Patents, Trademarks and Copyright is brought to you as a public service of 1000Attorneys.com – State Bar Approved Lawyer Referral and Information Service. The material presented is general legal information intended to alert you to possible legal problems and solutions.

Patents are intended to protect inventions of a functional or design nature. Trademarks provide protection for indicators of the source of products and services used in commercial trade, such as words or logos. Copyrights provide protection for literary and artistic expressions. Patents, trademarks and copyrights are collectively referred to as intellectual property.

Patents are granted by the federal government to protect inventions for a limited period of time. There are three types of patents: utility patents, design patents, and plant patents. A utility patent gives the patent holder the right to exclude others from making, using, importing, offering to sell and selling his or her invention for a period of 20 years from the date of filing a patent application. A utility patent may be obtained for processes, machines, articles of manufacture, or compositions of matter if the invention meets three basic criteria. (1) It must be useful; (2) it must be novel, in that it has not been previously known by others; and (3) it must be sufficiently different from what was previously known that it would not be obvious to someone having ordinary skill in that field.

Design patents are available for new and original ornamental designs for an article of manufacture. A design patent protects the design for 14 years from the grant of the patent. Plant patents may be obtained for certain types of asexually reproduced plants that do not occur naturally, for example, new varieties of roses.

An inventor may prepare and file a patent application directly with the U.S. Patent and Trademark Office. However, the availability and scope of protection depend on how a patent application is prepared, so it is recommended that an inventor first consult a registered patent attorney or agent.

At the outset, the attorney or agent may suggest that a novelty search be performed to see if a similar invention has been described in a previously issued patented. If an invention appears to be sufficiently different from what is known to exist, he or she can prepare the necessary papers to apply for a patent.

Utility patent applications include a detailed description and drawings of the invention, as well as claims that legally define what protection is requested. It is possible to file a temporary application, referred to as a provisional application, before filing a regular utility application. A provisional application also must have a detailed description and drawings of the invention, but is not examined. A regular utility patent application that is filed within one year of the provisional application will be treated as though it was filed when the provisional application was filed. A patent attorney or agent can inform you of the advantages and disadvantages of filing a provisional application.

There are strict statutory requirements in the United States regarding the time within which a patent application must be filed after an invention has been publicly used, or sold, or offered for sale. It is important that an inventor be prompt in seeking help in protecting his or her invention. If your invention has been in public use, offered for sale, sold or otherwise commercialized for more than one year before your patent application is filed, the inventor is barred from obtaining a patent in the U.S. unless the inventor can show that the public use was primarily experimental. Other countries have different bars, which are generally much more strict than those in the U.S., so it is best to consult a patent attorney or agent before you do anything to commercialize your invention or disclose it to others.

The words “patent applied for” or “patent pending” mean that an application has been filed in the U.S. Patent and Trademark Office. Such notices create no legal rights, however, as patent rights are created when the patent is granted.

A United States patent provides no protection in foreign countries; however, filing a patent application in the United States prior to any non-confidential disclosure of the invention will temporarily preserve the inventor’s rights in most foreign countries, so long as applications are filed in those countries within one year after the U.S. filing date. However, so long as inventions are kept confidential, applications can be filed in other countries at any time.

A patent is a property right that may be held for one’s own use, sold outright to another, or licensed to others.

After a patent is issued, the federal government does not police the market for violations or infringements. If others infringe the patent, it is up to the patent owner to assert his or her rights.

A trademark is a word, a name, a symbol, a device, a combination of these, or other indicator used exclusively to identify the source of products and distinguish them from others. Examples are “Kodak” for cameras, and “Chevrolet” for automobiles. Service marks are like trademarks, except that they identify services. Examples of these would be “McDonald’s” for restaurants, and “Holiday Inn” for motels.

There is a hierarchy of protection for trademarks and service marks. The strongest are coined or arbitrary marks that in no way suggest or describe the product or service. An example is “Kodak” which was a coined or made-up word when first adopted.

Next, and also protectable, are marks that merely suggest the product or service or suggest some characteristic or quality of the product or service.

At the bottom of the list, and generally not protectable, are descriptive marks. Generic terms can never become valid trademarks.

Rights in a trademark or service mark are acquired in the United States by being the first to use the mark in commerce on or in connection with the goods or services. Rights also may be established by filing an application for trademark registration in the U.S. Patent and Trademark Office based on a bona fide intention to use a mark at a later date. A mark is not registered until it has actually been used on a product or service.

It is not necessary to register a trade or service mark. It can be protected under state and federal laws without registration. However, it is beneficial to register the mark, either with the Oregon Secretary of State, or if interstate commerce is involved, with the U.S. Patent and Trademark Office.

When a mark is registered, particularly at the federal level, the registration provides to others notice of the registrant’s claim of ownership, and it gives federal courts jurisdiction to hear infringement claims. Once a trademark is registered with the U.S. Patent and Trademark Office, it may be accompanied by an “R” in a circle, or by some other notice indicating that it is registered in the U.S. Patent and Trademark Office.

Before you adopt a mark for use on either a product or service, you should have a search performedto determine if someone else has previously established rights in the same or a similar mark. Again, an attorney may be helpful to you in making such searches before you adopt a mark and in later registering your mark.

Additional information on patents and trademarks is also available at the web site of the U.S. Patent and Trademark Office, www.uspto.gov.

Copyrights seek to promote literary and artistic creativity by protecting what the U.S. Constitution broadly calls “writings of authors”. Copyrightable works include literary works, musical and dramatic works, sculptures, motion pictures and other audio-visual works, sound recordings and computer programs.

A copyright protects only the particular expressions of ideas and not the ideas themselves. To be protectable, a work must be original and it must evidence some creativity. Depending on the nature of the work, the owner of copyright has the exclusive right to reproduce the work, to prepare derivative works, to distribute copies of the work, to perform the work, to display the work, and to authorize others to do these things.

Once a copyrightable work has been created and fixed in a tangible form, such as being written down or recorded, it is protectable, whether it has been published or not. If it is to be published, all copies of the work that are published should preferably bear a copyright notice. The statutory copyright notice consists of the symbol of a “C” in a circle or the word “copyright,” the year of first publication, and the name of the owner of the copyright. In the case of sound recordings, a “P” in a circle must be used in place of the “C” in a circle. Audio-visual works should bear both the circle “P” and circle “C” indicators.

Copyrights may be registered with the Copyright Office in the Library of Congress. As of 1989, it is no longer necessary to place a copyright notice on a work, nor is it a requirement to apply for registration with the Library of Congress, but such notices and filings are strongly recommended to obtain advantages in the event that a copyright is to be enforced in a court of law. For example, registration is still to bring a lawsuit, and the existence of a registration prior to an infringing act may entitle the copyright owner to additional monetary awards by a court.

An individual’s copyright lasts for the author’s lifetime plus 70 years. A copyright registered anonymously, under a pseudonym or as an entity lasts 120 years from creation or 95 years from the date it is first published, whichever expires first.

R. Sebastian Gibson asked:


1. Telling the tow truck driver he should use deodorant.

 

2. Telling the tow truck driver to be sure not to scratch you new BMW.

 

3. Talking incessantly on your cell phone.

 

4. Annoying the tow truck driver.

 

5. Telling the tow truck driver where to go.

 

6. Telling the tow truck driver you’ll sue him if anyone opens the trunk.

 

7. Asking the police officer if you can use a different tow truck company.

 

8. Refusing to shake hands with the tow truck driver.

 

9. Repeatedly staring at the food stains on the tow truck driver’s overalls.

 

10. Suggesting that the tow truck driver take a bath before getting into your car to release the brake.

Here are ten actual tips of advice from a car accident attorney to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Indio, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it’s at least been a few hours since the accident. That being said, we can run through what you should have done at the scene pretty quickly, since it’s probably too late to remedy what’s already happened. However, if you ever have another accident, here’s what you should do the next time.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good car accident attorney as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good car accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good car accident attorney can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most car accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your attorney can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a car accident in Palm Springs, Palm Desert, Indio, Coachella, Rancho Mirage, La Quinta, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in Southern California, we have the knowledge and resources to be your Indio Car Accident Lawyer and your Palm Desert Car Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.