Category Archive 'Lawyers' World'
04.05.08

How to Respond After Identity Theft Occurs

Lawyers' World

Identity theft has become one of the most frequently reported crimes. But, maybe you are asking yourself: What is identity theft? I am glad you asked.

Identity theft is the wrongful use of your name, birth date, social security number as well as financial records and banking information.

An identity thief obtains this information by going through your trash, or by pretending to be a bank officer, or government official, or by creating a fake web site that looks similar to your on-line banking web site, your on-line auction web site (ebay, for example), or your on-line shopping web site (yahoo shopping, for instance).

This personal information is used to secure credit cards, bank loans, or to make furniture, and/or electronic goods purchases in YOUR name.

However, when identity theft occurs, you have certain rights under the Fair Credit Reporting Act (FCRA). In order to effectively respond to suspected identity theft you should or can:

(1) Place a fraud alert in one of the three consumer reporting agencies and that agency will notify the other two consumer reporting agencies regarding your fraud alert.

The agencies are :

* Equifax at 1-800-525-6285, or on the Internet at www.equifax.com

* TransUnion at 1-800-397-3742, or on the Internet at www.transunion.com

* Experian at 1-800-680-7289, or www.experian.com

(2) Obtain a copy of the identity theft report from a federal, state, or local police agency such as the FBI, State Department of Justice, or Sheriff’s office. You can find more specific information pertaining to the identity theft report at www.consumer.gov/idtheft.

(3) Put an initial theft alert in your consumer report file that will be valid for 90 days.

Yet, you can place an extended alert in your consumer report file that will remain valid for 7 years - if you also provide a copy of the identity theft report.

(4) Receive -free- copies of the information in your consumer report file from each of the 3 consumer reporting agencies.

The extended alert gives you the right to receive 2 -free- copies in a 1-year period to help you remain aware of any fraudulent accounts open in your name.

(5) Obtain copies of applications and similar documents from creditors, banks, and other businesses used to open fraudulent accounts - but you must make a written request to the addresses of these businesses.

(6) Get information about debts as a result of identity theft from a debt collector. You may request the name of the creditor and the amount of the outstanding debt.

(7) Have a credit reporting agency block specific information in your consumer file that was caused by identity theft. It is important to remember that you must provide a copy of the identity theft report mentioned in item 2 above.

(8) Prevent businesses from sending identity theft transactions to a consumer reporting agency by the making a written request that includes a copy of the identity theft report.

Please note that all of your communication should be sent by certified mail with a return receipt requested in order to confirm receipt of your correspondence.

Besides identity theft, there are an ever-growing rash of Internet scams, schemes, and frauds committed by -bad people- that can be effectively dealt with if you have the right know-how. Fortunately, such a source of information is available in the form of an ebook that covers the complete range of these crimes and scams.

The name of this ebook is Internet Self Defense: How to Protect Yourself While Online. Check this web site out now HERE.

(C) 2005 Dollarsforever.com — All rights reserved worldwide

Gary Cain is a business teacher and Internet marketer. He is the author of Stop the Grammar! as well as Internet Self Defense the only Internet book of its kind designed to help fight spam, fraud, information theft, and clone web sites.

Both of these books can be found at http://www.dollarsforever.com

Subscribe to Gary’s straight forward, easy-to-understand Dollarsforever Ezine about financial literacy, saving, investing, and earning money.

***Webmasters: You may post this information on your web site, but you must keep this -ownership- box and the information contained herein unchanged.

17.04.08

Miami Lawyers, Miami Personal Injury Lawyers, & Miami Injury Attorneys - Things You Should Know

Lawyers' World

I am a Miami Lawyer, practicing Personal Injury, Criminal Law, Immigration, Divorce, etc. and I deal with several clients on a daily baisis. I think that clients are entilte to get the best attorney possible. I think that every client in legal matter, (whether it be Personal Injury, Criminal Law, Immigration, or Divorce) should possess the following “basic client rights:as published by the Florida Bar

When I retain a lawyer, I am entitled to one who:

1 WILL be capable of handling my case.

2 WILL represent me zealously and seek any lawful means to present or defend my case.

3 WILL preserve my confidences, secrets or statements which I reveal in the course of our relationship.

4 WILL give me the right to make the ultimate decision on the objectives to be pursued in my case.

5 WILL charge me a reasonable fee and tell me, in advance of being hired and upon my request, the basis of that fee.

6 WILL show me courtesy and consideration at all times.

7 WILL exercise independent professional judgment in my behalf, free from compromising influences.

8 WILL inform me periodically about the status of my case and, at my request, give me copies of documents prepared.

9 WILL exhibit the highest degree of ethical conduct.

10 WILL refer me to other legal counsel, if he or she cannot properly represent me.

again, i welcome questions regarding florida personal injury cases. As mentioned before, I am a Miami Lawyer, practicing Personal Injury, Criminal Law, Immigration, Divorce, etc. and I deal with several clients on a daily baisis.

Justin Ziegler
Miami Lawyer and Florida Lawyer
305.403.0966
http://www.justinziegler.net

04.04.08

Are there Any Bicycle Accident Lawyers in Los Angeles?

Lawyers' World

Yes, of course. I was unable to find any attorneys that are only bicycle accident lawyers in Los Angeles, but there are a lot of lawyers that specialize in accidents in general and they can offer you all the help you might need at the court.

Where can I find them?

As everybody else they can be found on the Internet. Type “bicycle accident lawyers Los Angeles” phrase in your search engine and you’re going to receive at least 10 attorneys’ sites. But before you choose, check their records and make sure their bills won’t be too high - it is easy to spend so much money on lawyers that in the end you start to wonder why you have sued somebody in the first place.

What are my rights after a bicycle accident?

Under California law you have substantial rights if only you had a bicycle accident. “Lawyers Los Angeles” website (www.losangeles-lawyers.com http://www.losangeles-lawyers.com) can provide you all information you might need. You have rights to compensation of medical expenses, lost income, property damage, pain and suffering, future medical expenses, loss of future enjoyment of life, scaring and disability. As you see there are quite a lot rights and they are limited by one thing only - the California law sets strict time limits of taking actions. In some cases you can have only a few months. Of course if only you keep to these limits, there is a good chance of winning a few dollars and all bicycle accident lawyers in Los Angeles will be more than eager to help you.

Where’s the catch?

It’s simple - if you request the help of lawyers you have to be prepared to spend some time and money on them. A typical bicycle accident lawyer in Los Angeles will take at least about 30 per cent of money you will win (plus expenses), so in some cases it is simply not cost-effective. Of course if the accident was a serious one and you have a chance to gain more than a few hundred dollars, there can be something to fight for. Just don’t let the lawyers take control of the situation - and check the bills they send you.

Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.

26.03.08

Divorce - Lower Cost Alternatives to an Attorney

Lawyers' World

Copyright 2006 The Divorce Center P.A.

Many years ago hiring a divorce attorney was financially
devastating for many people. Divorce was for the wealthy. The
rest of us had no options. We had to beg, borrow, or steal to
find the money for an attorney. But now there are more options
than ever before for anyone facing a divorce.

Do Everything Yourself

“Doing everything yourself” has become an option in many states
with the advent of approved self-help forms. For example, the
state of Florida has produced a complete set of Family Law
Self-Help forms. These forms have been carefully reviewed by the
state Bar association and subsequently approved by the Florida
Supreme Court. Each form is accompanied by instructions on
proper use. Because Florida Statutes reference those self-help
forms, they are accepted by all Florida courts. Many if not all
states have adopted some type of self-help forms. You can
usually download the forms from your state court website or
purchase an inexpensive pack of forms at your local courthouse.
The advantage: the forms are free and you do not need a lawyer
to file them. The disadvantage: the instructions can be
confusing, complex, and difficult to follow. And you may be
sacrificing some serious legal rights without realizing you are
doing so.

Online Forms Preparation Service

The internet has brought major changes to the delivery of legal
services. One recent change is universal availability of online
forms services. For a fee usually ranging around two hundred
dollars these services will conduct an online interview and
generate a custom set of forms, ready to file with the court in
your area. These services are easy, quick, and as convenient as
the nearest computer. The better services keep track of changes
in each state and adjust their forms accordingly. The advantage:
the forms are accurately and neatly filled out at an affordable
cost. The disadvantage: same as “do-it-yourself - you are on
your own during the divorce. There is no advice or help if
something goes wrong.

Attorney - Forms Only Service

Florida and many other states have adopted a concept called
“Unbundled Services.” This concept is an official recognition
that many people want to hire an attorney for one small part of
their case. They have access to expert advice at an affordable
price. Many attorneys offer a form preparation service similar
to the online services. The key difference is the forms are
prepared or supervised by an attorney. The advantage: the
security of knowing the forms are done correctly by a local
expert. The disadvantage: you are still on your own during the
divorce. However, because you established a relationship with an
attorney, you may have access to the attorney for occasional
advice if you run into difficulty.

So Which Option Should You Use?

Divorce can affect your relationship with your children, your
present finances, and your finances during the next 30 years.
What you do now can affect your life for many years. The simple
answer: take the best option you can afford. If you can afford
full representation from an attorney - that is best. If you
cannot afford anything - the do-it-yourself method is best. But
whichever route you take: educate yourself, proceed carefully,
and educate yourself some more. Remember, knowledge is power.
The person with the most knowledge always comes out ahead.

06.03.08

Write for rights - join Human Rights Day Write-a-Thon!

Lawyers' World

(NC)Inspired by an event launched last year by Amnesty International Poland, this year on December 10th, human rights supporters in Canada will take part in the Write-A-Thon for Rights.

December 10th is International Human Rights Day the 55th anniversary of the proclamation of the Universal Declaration of Human Rights. Last year, people from all over the world were encouraged by Amnesty Poland to write letters on behalf of those whose human rights are violated. The letters were directed to either government authorities or directly to those being abused.

Human rights supporters from
21 different countries around the world responded, generating more than 6,000 letters during a 24-hour period. Canadians of all ages and backgrounds wrote over 400 of those messages
last year.

Last year was just a warm-up. This year, Amnesty International is encouraging Canadians from far and wide, from Resolute to Victoria to Goose Bay, to write and fax as many letters and actions as possible. Send letters, postcards or faxes on December 10th to call for the protection of human rights of those at risk of abuse throughout the world. This year’s goal is to surpass 1,000 letters and actions from across Canada.

How do you do it? The possibilities are endless.

• Get your family, friends, co-workers, classmates or faith community involved and write letters together on December 10th.

• If you belong to an Amnesty International community group, include a letter-writing opportunity during your existing Human Rights Day events or plan a public event that focuses on letter-writing. If you’d like to contact the local group in your area, you can contact Amnesty International for more information.

• Think creatively - light a candle for every ten letters signed or blow up a balloon each time and fill up the room!

• At the end of the day, you can tally the number of letters you generated and contact Amnesty International with your total by fax, phone or email. These numbers will then be forwarded to Poland for a worldwide tally.

If you haven’t written a letter before, you can contact Amnesty International at 1-800-AMNESTY (266-3789) to receive actions to work on and get tips for writing letters. You can also visit our website at www.amnesty.ca/ writeathon.

To learn more about the Write-a-Thon or other ways to support human rights, please contact Amnesty International at 1-800-AMNESTY (266-3789) or members@amnesty.ca. Or you can write to Amnesty International, 312 Laurier Ave East, Suite 200, Ottawa, Ontario, K1N 1H9.

- News Canada

About the author:

News Canada

02.03.08

Site and Email Disclaimers - A necessary evil

Lawyers' World

This being the age of increasing litigation, it is advisable for web site owners to have disclaimers posted on their Internet sites, and to have them accessible from any other part of the site. It is unfortunate that we need to do this, but such is the nature of the beast. Internet Law varies from country to country as to what can be posted on disclaimer and privacy notices, but generally they should cover your terms of use regardings these points:

- The quality of content of the site

- The availability of services on your site to certain groups of people (e.g. age of visitors) or geographical locations

- Endorsement of links to other web sites.

- Make it clear that information on your site is for information purposes only and not intended to constitue professional advice as circumstances will vary from person to person.

- Clearly state your rights to reproduce or remove material uploaded or posted to your web site.

- That you are not liable to visitors for information posted to your Internet site.

- That others posting to your site cannot hold you responsible for any loss or damages arising from supplying material.

- That you are not liable for the actions of users of your website.

Dependant on the type of website you have, it may be wise to not allow visitors to enter your site without their acceptance of terms and conditions of site usage. Only after they have indicated that they have read the “terms of use” and agree to them by clicking a button will they be allowed web site access.

Web site usage disclaimer example:

Disclaimer. The information contained in this archive is provided ‘as is’ without warranty of any kind. The entire risk as to the results and the performance of the information is assumed by the user, and in no event shall YOUR COMPANY NAME be liable for any consequential, incidental or direct damages suffered in the course of using the information in this archive. Use of the information contained in this archive are governed by their respective license agreements and may contain restrictions on use.

Web site forum disclaimer example:

All messages made available as part of this discussion group (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of YOUR COMPANY NAME (unless YOUR COMPANY NAME is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using this YOUR COMPANY NAME web site does not mean that YOUR COMPANY NAME has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the forum to report any objectionable message to yourname@yourcompanyname.com. This forum is not monitored 24/7.

Issues regarding the development of privacy policies can be viewed via the following article:

http://www.tamingthebeast.net/articles/reassurance.htm

Email Disclaimers

With the general acceptance of email for business communications, it is becoming increasingly important that we represent and safeguard ourselves effectively in our emails. The proliferation of viruses has raised questions as to whether a company can be sued for sending another company an email with an infected attachment.

If you are managing a company with many employees; it is very difficult to keep tabs on the way your business is being represented online by your staff, and even more challenging is the issue of confidentiality. When we submit a web development draft proposal, we want to ensure that the design proposal is going to the right people and not being redistributed to competitors. The eight to twelve hours of unpaid work we put into a draft proposal is something that we try to protect.

A disclaimer notice at the bottom of each email can provide some reassurance to the recipient and state very clearly the purposes and representation of the communication and any warranties implied. In the case of submission of ideas and proposals etc; the subject line should read “commercial in confidence ATT: RECIPIENTS NAME”.

As for any legal protection, this is still yet to be tested in many countries.

An email disclaimer example:

Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us.

If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimise the risk.

Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of YOUR COMPANY NAME.

A suggested size for this email disclaimer notice is 8 point and it should be placed immediately after the signature line.

Note:

Because of the great variance in Internet laws from country to country, I strongly advise that you consult legal counsel in regards to drafting your own disclaimers and site policies. This article is for informational purposes only and should not be regarded as professional counsel.. there you go.. I’ve just used a disclaimer for this article - ;0)

Michael Bloch
michael@tamingthebeast.net
http://www.tamingthebeast.net
Tutorials, web content and tools, software and community.
Web Marketing, eCommerce & Development solutions.
_____________________________________________

Copyright information….If you wish to reproduce this article, please acknowledge “Taming the Beast” by including a hyperlink or reference to the website (www.tamingthebeast.net) & send me an email letting me know. The article must be reproduced in it’s entirety & this copyright statement must be included. Thanks. Visit www.tamingthebeast.net to view other great articles FREE for reproduction!

About the Author

Michael is an Australian Information Technologies trainer and web developer. Many other free web design, ecommerce development and Internet articles, tutorials, tools and resources are available from his award winning site; Taming the Beast.net (http://www.tamingthebeast.net)

01.01.08

Why Opt for an Experienced Mesothelioma Attorney?

Lawyers' World

There are many attorneys around today, some of who specialize in particular areas of law and others that deal with a wide range of legal issues. When it comes to a sensitive and often complicated area such as mesothelioma litigation, it is always advisable to go through a specialist mesothelioma attorney with experience and contacts within this field. Having an experienced mesothelioma attorney deal with your mesothelioma case can help to speed the process, and can ultimately make the difference between a successful or a failed mesothelioma compensation claim.

Trained and experienced mesothelioma attorneys will have established links and contacts with other groups and organizations within this field, which means that you will be able to get additional advice and even support as well as getting sound legal advice. A more experienced mesothelioma attorney will already have dealt with cases similar to yours, and will therefore know the pitfalls and loopholes to look out for, which could help to speed up your case and could maximizes your chances of a successful claim.

When you choose an experienced mesothelioma attorney, you will be able to determine the success rate of that particular law firm or specialist by asking about similar cases and their outcomes. Because a more experienced attorney will already have dealt with a large number of such cases, he or she will be able to demonstrate their success rate within the field of mesothelioma litigation.

A mesothelioma attorney will be highly trained in this particular area, and will be completely familiar with the information and facts required in order to put together a successful lawsuit on behalf of a mesothelioma sufferer or a family member that is filing on behalf of a sufferer. An experienced lawyer will be able to ask the right questions, and will be able to initiate early action on your mesothelioma lawsuit through the use of links and contacts that he or she has already formed. Also, since a specialist mesothelioma attorney will have experience in dealing with asbestos litigation, he or she is more likely to be able to advise you with regard to the timeframe involved as well as the likely success of your lawsuit based upon your circumstances.

Because most mesothelioma attorneys work on a contingency fee basis, you will not have to worry about paying costly legal bills upfront. When working on a contingency fee structure, you will only pay legal fees if and when you receive compensation, which means that you can enjoy the benefits of expert legal assistance and advice without having to pay any money upfront.

Using a trained, experienced mesothelioma attorney to deal with your lawsuit could save you a great deal of time and worry over your claim, and you could increase your chances of getting the compensation you deserve for your asbestos related injury. With a number of specialist mesothelioma attorneys to choose from, you should have no problem finding expert legal assistance from a professional with a high level of experience within the area of mesothelioma litigation.

MesotheliomaFirms.com offers listings of experienced mesothelioma law firms and attorneys specializing in asbestos injury, as well as mesothelioma information and articles.
To find a mesothelioma law firm or asbestos attorney, visit http://www.MesotheliomaFirms.com.

29.12.07

The Lemon Law in California - What are the Consumer Benefits?

Lawyers' World

Various states across US have different lemon laws. Lemon law California differs from those in other states. It is important to know the fine intricacies of Lemon law California. Lemon law California is also known as Motor Vehicle Warranty Rights Act. The California lemon law states that any vehicle purchase is a major consumer purchase. If such a vehicle turns out to be defective or if is found to cause serious injuries or even hardships to the consumer due to its defects, then a consumer is entitled to be made aware of his rights. Under the consumer rights if the defects or hardships are proved in the Federal court of law and if the vehicle is under warranty period, then a consumer can call for a lemon law suit.

Lemon law California and Federal warranty law protect consumers from being stuck with ‘Lemon’ automobiles, computer lemons and other defective consumer products. According to Lemon Law in California, if any car or computer is turns out to be a Lemon, then a consumer may be entitled to your money back, a replacement or a cash settlement.

According the Lemon law California, the owner of a motor vehicle or the owner’s designated agent may make a complaint concerning a defect in a motor vehicle that is covered by a manufacturer’s, converter’s, or distributor’s warranty agreement applicable to the vehicle. Any complaint regarding a lemon vehicle must be made in writing to the applicable dealer, manufacturer, converter, or distributor. The written complaint about a Lemon must specify each defect in the vehicle that is covered by the warranty. The owner may also invoke the board’s jurisdiction by sending a copy of the complaint to the board. Any case regarding the lemon vehicle, if not resolved by owner and dealer or manufacture privately is entitled for a hearing.

Before filing a suit for any damaged vehicle for lemon law California certain points must be ensured for proper proceedings in a federal court of law. All copies of documentation concerning the car and all the repair records should be kept in proper order. A track of details such as when was the vehicle serviced, where the vehicle was purchased from, from whom the vehicle was purchased etc. Technical service bulletins concerning the car should be called for. The VIN or Vehicle Identification Number for a lemon vehicle should be noted specifically. This VIN number is a series of 17 numbers and letters that are unique to each vehicle. It is located on a metal plate at the lower corner of the front windshield on the driver’s side. There are various attorneys who specialize in lemon law California such attorneys should be specifically consulted for filing any lemon law suit.

A vehicle report history should also be kept in order for any reference before filing the suit for lemon law California. A vehicle report history can be easily obtained from the internet. Various agencies provide free vehicle history report in California. A vehicle history report can be generated by providing the VIN to any of the websites pertaining to vehicles in California. The vehicle history report easily reveals any problems that might not be visible to untrained eye. This could be major damage from collision, fire, hail or water damage, odometer rollback or tampering, lemon or junk status, and much more.

Lemon law California states all the provisions to prevent a consumer from being stuck with a lemon. The best way to get rid of lemon car is to act and file a suit as soon as possible.

Earl Powers, US Lawyer and Car Lemon Laws expert - focusing on What Is The Lemon Law and Used Car Lemon Laws

27.12.07

Evidential Standards for the Admission of E-Records Before the Court of Law

Lawyers' World

In any legal proceedings before the court of law, the application of the rules of evidence apply so as to accept the admissibility of a data message in evidence, the ground which data message and electronic communication be accepted before courts and how the course of legal proceeding best evidence can be produced and admitted. The civil proceeding it is the legal obligation shouldered on plaintiff to produce electronic evidence and plaintiff adducing it could reasonably be expected to obtain and produce before the court on the grounds that it is in its original form. The admission of electronic often not accepted as computer based file or records, the plaintiff have to produce it, some how, he has to produce into paper based form for acceptance as evidence before the court of law.

The information produced in the form of a data message shall be given due evidential weight as comparison with paper based evidence irrespective fact of non-admission before court and their inability to interpret the same because technicality of evidence. In evidence what ever form it is produced must fulfill certain assessment standards and the electronic message must be given same the evidential weight as paper based evidence, there are various factors they have to rely on the manner in which the data message was generated, stored, communicated and produced before the court of law. The integrity of the information the manner it is recorded by authenticated authorities and the manner in which its originator was identified, and any other relevant factor .

The admissibility of electronic record has recognized in electronic transaction ordinance 2002,

“…No document, record, information, communication or transaction shall be denied legal recognition, admissibility, effect, validity, proof or enforceability on the ground that it is in electronic form and has not been attested by any witness.”

First if we cannot meet the evidential standard of evidence acceptable to court of law then we cannot produce it as evidence to proof something. The secondly issue relates to whether a courts have been prepared and trained to consider the digital document as evidence in the case at all and if the courts are unable to adjudicate the matter because of their inability to comprehend the technicality of subject. We have to legislate on legal issue how the digital evidence can be exhibited meeting the legal standards required for it to be admitted into evidence, then it simply be used as proof of anything. The third issue is credibility of evidence; rather we have to do with persuading the court about the extent to which it can rely upon the digital document and integrity of procedure adopted to preserve the digital evidence. In other words, even if a digital document is admitted into evidence , the court still has to determine how much weight it is willing to give it.
For addressing these issues amendments have been made qunun-e-shahadat Order 1984 (law of evidence) have incorporated the provisions in our laws of evidence that can be used to allow for the admission of digital documents into evidence. Unfortunately, these are neither as modern nor as comprehensive as they should be and there is dire need of time for proper adjudication of dispute related with digital evidence we have to promulgate comprehensive laws on digital evidence.

This kind of uncertainty and question of reliance of evidence and admissibility have a severe chilling effect on the adoption of digital technologies and aggrieved parties are becoming reluctant to put file their dispute for legal adjudication before the courts. The authentication of electronic evidence and its admission as evidence is acceptable if these are printed and kept as record and the procedural requirement are fulfilled. The reliability of these types of evidence is becoming big challenge for our legal system.

The legal issue which tax system are confronting how to keep accurate books and records , although many taxpayers rely on computerized record keeping systems to a large extent for purpose of attaching evidence of transactions which has been originated as paper records in order to verify the accuracy of the electronic records. The credibility has to do with persuading the court about the extent to which it can rely upon the digital documents. In other words, even if a digital document is admitted into evidence, the court still has to determine how much weight it is willing to give to it. The electronic “documents” must be verified in order to minimize tax evasion.

Even taxpayers engaged in the sale of physical, as opposed to electronic goods can receive orders and issue invoices electronically. This is also an issue for non-tax businesses reasons. A recipient of an electronic order needs to verify and authenticate both that the order was sent by the proper person, and also needs to verify that the order was not altered in transit. There are various methods are available for authentication of documents, for example the public key encryption techniques, which are used by digital certification authorities identify digital locations of buyer and seller, and these technique can also be used to verify that electronic documents and records have not been tampered with. The “digital notarization” systems have been proposed in electronic transaction ordinance which intend to make it possible to verify the electronic documents and records rather they have been altered or not. In many countries certification of the digital document equivalent of a notary stamp which can be used to certify and seal digital records in content and time so that it can later be proved that the electronic record was created when claimed and was not altered. Taxing authorities within limit the auditing power can use these techniques to verify the authenticity of electronic transactions.

The central board of revenue provides necessary conditions for maintenance of the digital records as important as the business records that they have traditionally maintained on paper. In this context, they want to examine or retention policies for digital documents. However, for many companies, it is not sufficient for them to retain their digital documents for appropriate periods. If they become involved in litigation they may need to rely on these documentary documents to support their case. In such matter two issues emerge are important and interrelated. Firstly, will their documentary documents be admissible as evidence before a court of law as certificate copy of digital records? And secondly, if so, will the court consider these paper based record a credible source of information for imposition of e-commerce taxation?

EzineArticles Expert Author Adil Waseem

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan” in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence’.

12.11.07

Workplace Risk Assessments, Helping to Avoid Work Accidents

Lawyers' World

Workplaces can be dangerous environments. Even an innocuous office space can be home to hundreds of potential hazards, anything from trailing computer leads, unsupportive chairs and glare from VDUs can cause a work accident. According to the Health and Safety Executive (HSE) there are hundreds of thousands of work accidents in the UK every year, with 35 million working days lost due to an injury sustained in the workplace. 28 million of those were due to work related illness and 7 million were due to workplace injury.

Employers are legally required to carry out a risk assessment in their workplace. It is not difficult to carry out a simple risk assessment and it can save money through avoiding the likelihood of personal injury claims and more importantly the suffering caused by a work accident.

The main consideration for an employer is whether a risk is a significant hazard. Most risks will be obvious and precautions already addressed. For example most office employers supply a suitable chair and proper facilities such as lighting, good ventilation and a comfortable environment. It is important however, that employers check and adhere to the provisions of the Management of Health and Safety at Work Regulations 1999 (Management Regulations). The regulations indicate the need to identify all hazards that are likely to cause a work accident and that could cause personal injury to anyone in the work environment including members of the public.

Under the provisions of the regulations employers are required to do a thorough assessment of all areas that they feel could potentially prove hazardous. There are also more specific areas that need to be addressed, such as manual handling.

If staff are required to lift objects as part of their role then they will need to be properly trained on how to lift safely to minimise the risk of injury. They will also need to follow guidelines under the Manual Handling Operations Regulations 1992 which state that:

Avoid hazardous manual handling operations so far as is reasonably practicable, for example by redesigning the task to avoid moving the load or by automating or mechanising the process

Make a suitable and sufficient assessment of any hazardous manual handling operations that cannot be avoided

Reduce the risk of injury from those operations so far as is reasonably practicable. Where possible, you should provide mechanical assistance, for example a sack trolley or hoist. Where this is not reasonably practicable, look at ways of changing the task, the load and working environment

There are many other regulations that need to be followed such as noise regulations in environments such as airports, for manual workers using drilling equipment and nightclub workers. The risk assessment in this situation should be carried out before work begins in order to minimise the risk of a work accident such as tinnitus or a more serious personal injury.

If you have sustained a work related injury and are suffering as a result then you may be entitled to claim personal injury compensation. If your employer has failed to carry out adequate work place risk assessments then they have failed in their duty of care to you and you are entitled to seek legal advice about your personal situation.

For advice regarding making a work accident claim or to learn more about personal injury visit www.the-claim-solicitors.co.uk, or alternatively you can call them on 0800 197 32 32 for free legal advice.

www.the-claim-solicitors.co.uk have many years experience of handling personal injury claims and can help anyone suffering from work related injuries to move on with their lives.

Online personal injury compensation claim people with a 97% claim success rate. Call 0800 197 32 32 or visit http://www.the-claim-solicitors.co.uk for more details.

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