ASK AND LEGALSHIELD ANSWERS: OUR 5 MOST SEARCHED LEGAL QUESTIONS

With the end of summer quickly approaching students and their parents are getting ready for the start of another school year. This year you and your family will have yet another learning tool that may help you make more informed legal decisions. Ask by LegalShield offers answers to many common legal questions. Ask first launched in September 2015 as an app for mobile devices. You can download the app at iTunesand Google Play. Now, you can also access Ask by LegalShield directly from your computer. While Ask by LegalShield is not a substitute for the advice of your LegalShield provider law firm, it may help you understand what types of questions to ask your attorney. Here are 5 of the most frequently searched questions from Ask by LegalShield.

• Are traffic violations civil or criminal matters? Traffic violations are considered criminal matters, and are handled as criminal law cases. As a result, the  penalty imposed is an obligation that the offender has towards the state for violation of law.  The state could be a local township, municipality, city, county, state, or even the federal government. However, unless you've committed a major violation or the violation is otherwise dangerous or life-threatening to other motorists, the officer will simply issue you a traffic ticket.
   
• Do debt collectors have only a certain amount of time to sue for payments? The first thing to do is determine if the statute of limitations for collecting a debt in your state has passed. If the debt is older than the statute of limitations, the collector would be wasting its time trying to collect the debt, as the original creditor or the assigned collection agency cannot go to court to get a judgment.
   
• How does creating a living will empower me? A living will serves to make your wishes and instructions known regarding your  medical treatment, if you become incapable of making treatment decisions. Treatment providers should follow your specific instructions. The instructions you write in this document would be evidence of your expressed wishes in the event that your wishes are challenged in court.
   
• How can the landlord/tenant relationship end? Most leases provide that either the landlord or tenant can end the landlord/tenant relationship by giving the other party written notice that the lease will not be renewed. The lease normally sets forth how many days’ notice must be given before the lease ends in order to be effective. The relationship can end before the end of the lease term if both parties to the lease agree to terminate the relationship, if outside events such as a fire destroy the leased premises, or if one or both of the parties breaches the terms and conditions of the lease. The rights and remedies of either party in these situations is dependent on the nature and cause of the termination and the provisions of the lease. If you do not have a lease or if your lease has expired, other notice provisions may apply.
   
• How do I know if I have a personal injury case? Determining whether you have a personal injury case depends on several factors, including:
  • how the injury occurred,
  • who is at fault, and
  • how significant the injuries are.

Personal injury cases are complex and should be reviewed carefully. If you have been injured, you may wish to contact an attorney to discuss options as soon as possible.

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COLLEGE PREP: THE ONE THING STUDENTS NEED THAT PARENTS DON'T CONSIDER

For many people, going to college represents the fulfillment of a dream. Yet that dream can become a nightmare for the disturbingly high number of students who face legal issues each year.

Many of these challenges are predictably related to alcohol. Beyond DUIs and car accidents, a recent report from the National Institute on Alcohol Abuse and Alcoholism states there are nearly 700,000 campus assaults each year related to drinking (and almost 100,000 sexual abuse/rape cases).

A Survivor’s Story
Unfortunately for Wendy Florian Terrado, these statistics are nothing new. Today, Ms. Terrado is a champion for the empowerment of vulnerable people. As a LegalShield independent associate, she is on a mission to provide others with legal representation.

Her passion grew out of her own deep sense of powerlessness when she was victimized in college. After she was raped at knifepoint by someone whom she knew, Ms. Terrado was encouraged to keep it quiet. Several influential people in her life told her that she needed to focus on her own spirituality and need to forgive instead of reporting the crime.

“I was a decent person who had never had any contact with the law. I thought I was attending a safe university where ‘those things’ would never happen to me. I did not know what to do and just obeyed anything I was told.”

Years after the incident, Ms. Terrado was introduced to LegalShield. She had just hired an attorney to handle some other legal matters related to identity theft, and she joined LegalShield to minimize the costs of future legal matters for her small business. It was then that she realized how empowering it was to have access to an attorney, something that she wishes she’d had during college.

“Had I been a LegalShield member during my college years, I may have discovered that I had rights and was worthy of better treatment. Most of all, I wouldn't have a nagging thought that maybe the perpetrator went on to commit other crimes. Emotionally, I would have found a safe place and not have felt so very isolated. I was completely alone. Shamed. Humiliated. Horrified at all the people who knew what happened to me. Terrified of what they thought of me. Worried about what would happen next. I didn't need court time. I needed truth, guidance, and someone who was looking out for me.” For attorney Bob LoPresti, a partner at LegalShield provider firm Parker Stanbury LLP, the legal issues affecting his firm’s college-aged clients have included far more than drinking and sexual-assault issues. His firm has also represented clients facing:

* Issues related to difficulties with college administrators, professors, and other students;

* Tuition and withdrawal disputes;

* Inaccurate representation by for-profit colleges;

* Traffic tickets and car accidents;

* Landlord/tenant Issues;

* Reviewing leases/contracts prior to signing.

Mr. LoPresti states: “A lot of our issues are very simple, such as a student having a problem with a cell phone provider. Over 90% of the legal matters we handle do not go past giving consultation and sending a letter. We write hundreds of letters per day on behalf of members. The power of having a letter on an attorney’s letterhead is extremely effective at solving a problem. Once you are dealing with a lawyer as an opponent, it changes the game.”

“College students’ youth and lack of real world experience can make it challenging for them to know where to begin when facing a legal matter, says LoPresti, yet many end up representing themselves in order to save money or to avoid the possibility that their parents find out about their issue.” He believes that many parents of college-aged children should consider providing their children with access to a law firm through a solution such as LegalShield, which he argues “makes it more likely that college students will use a lawyer and not try to do it on their own. It gives them the freedom to go ahead and call someone.”

9 LEGAL TIPS TO HELP YOU PREPARE FOR SUMMER

Summer is just around the corner and chances are you may be planning a vacation or making plans for children once school is out. These tips are designed to help you navigate summer’s potential legal headaches. No matter the season, your LegalShield provider law firm is ready to help you and your family.

1. If you plan to be away from home for any length of time this summer ask trusted friends or neighbors to keep an eye on your home. You may also notify local law enforcement that you will be away. Many police departments have programs that alert local patrol officers when you are away so that they may spot suspicious activity. Also, notify the postal service to hold your mail.

2. Be careful when mentioning your summer plans on Facebook or other social networks. Thieves sometimes use that information to target victims who are away from home.

3. Protect your identity when traveling. Only carry documentation you need. When traveling out of the country carry your passport and always keep it within your sight. Keep copies of all the important information from your wallet at home in case it is lost on your trip.

4. Traveler’s checks and credit cards offer the greatest level of protection from theft and fraud. Let your credit card company and bank know you will be traveling. Keep a list of important contacts so you can quickly notify your credit card company, bank and the police if you are the victim of theft or fraud.

5. If you plan to rent a vacation home make sure you understand the terms of your rental agreement. Your LegalShield provider law firm can review the lease and point out any potential problems.

6. Cruises and expense paid vacations can be a great way to travel within a budget, but make sure you understand the details of the trip before you leave. What is truly covered and what additional expenses are you responsible for during the trip? Your LegalShield provider law firm can help you review your agreement with the resort or cruise company.

7. If you decide to send your children to overnight or day camp during the summer find out about the staff and facilities. Are staff certified in first aid or trained to spot child abuse? Find out about the camp accreditations and inspect the facilities closely before leaving your child. Have your LegalShield provider law firm review any contracts or liability waivers before your sign them.

8. Trauma injuries and ER visits increase in the summer. Make sure you understand your insurance requirements and deductibles for ER visits. If you are traveling far from home, notify your insurance company and ask what your responsibilities are in the event of a medical emergency. Make sure your living will or advanced medical directive is executed and accessible.

9. Before traveling, leave a trusted friend or family member with a copy of your current will, power of attorney and insurance documents. If you do not have a current estate plan contact your LegalShield provider law firm today. Setting up your estate plan ahead of a pending trip allows time for executing the documents and distributing copies.

7 LEGAL TIPS FOR DISPUTING AN INCORRECT BILL

It is important for consumers to review their monthly bills to ensure accuracy. Mistakes can easily show up on utility and cell phone bills, and correcting those charges in a timely manner can save you a great deal of money and stress, The following tips will help you correct any errors you may find.

1.    Know your contract terms and billing rates. Remember, your LegalShield provider law firm can review your contract and help you understand legal jargon that can sometimes make such documents confusing. 

2.    Whether you manage your bills online or with paper, check the amount you owe each month and the details to make sure they are consistent from month to month.  Utility bills will likely fluctuate based on the season, but cable and phone bills should be fairly consistent.   

3.    When you notice an error, call the customer service line on your bill right away. Have a copy of your current bill and contract with you. 

4.    Take note of the time of your call and the name of any representatives you speak with.  

5.    If a representative cannot assist you, politely ask to speak with a manager who has the authority to correct the mistake. 

6.    Ask for confirmation of the correction in writing. Having a written record will help you if the problem is not corrected or happens again later. 

7.    If customer service cannot provide you with a satisfactory solution or you continue to get the run-around, call your LegalShield provider law firm. An attorney will be happy to assist you with your matter.

DON’T MAKE THESE 5 COMMON LEGAL MISTAKES

Unfortunately, most people learn about these legal mistakes the hard way. Often they learn too late and there is little that can be done. The key is understanding these issues so you can make the right choices before a problem develops or a deadline is missed. If you have questions call your LegalShield provider law firm to speak with an attorney.

1. Not having a will. Without a will, you could leave your survivors with a costly legal mess to clean up. Surveys show three main reasons why people don’t yet have their will: procrastination, the belief that they don't need one, and cost. Your LegalShield family plan solves all three of these problems. You can obtain a will questionnaire by calling LegalShield, your provider law firm or downloading one (U.S. residents click here and Canadians click here). The questionnaire asks for information about your situation and desires. Once your questionnaire is received your provider attorney will draft your will.

2. Signing a contract without an attorney review. Lawyers cannot change the past; NEVER sign a contract, lease or other agreement before you call your LegalShield attorney for review and advice. Contracts and other agreements are sometimes written to intentionally obscure the true meaning. Your LegalShield attorney can help you make sense of a contract, lease or other agreement to ensure you fully understand your obligations.

3. Missing a statute of limitation deadline. Statutes of limitation are laws requiring an injured or aggrieved party to file a lawsuit within a certain time frame or forever lose the right to sue. The length of time to sue varies based upon the claim, type of injury, potential defendant and other factors. Nearly all claims are subject to statutes of limitation and some may be less than a year. The first step is to call your LegalShield provider law firm. You will need to speak with an attorney and provide necessary information to determine the statutes of limitation that apply to your case. After the appropriate statutes are determined, if you decide to proceed with a claim, an attorney may need several months to prepare the case for filing. It is essential to act quickly to protect your legal rights. If you have any questions about a legal matter, call your LegalShield provider law firm today.

4. Buying into quick fix debt or credit relief plans. Many families feel overwhelmed by consumer debt. Companies that promise to help lower monthly payments and quickly pay off debt may sound like an appealing way out. Unfortunately, debt consolidation offers and credit repair plans are often too good to be true. There may be built in fees. If you have a poor credit rating, your consolidated debt may end up with a higher interest rate than you are already paying. Also, debt consolidators have been known to miss or make late payments. When monthly payments are not in your hands, you run the risk of the third party missing the payment or paying it late, which will negatively affect your credit and could result in additional fees. Call your LegalShield provider law firm for a review of any debt relief or credit repair plan and to learn what other options may be available.

5. Protect your personal information. If you are asked for sensitive information, such as a Social Security Number, ask why it is needed and what systems are in place to protect it. Be wary of sharing personal information over the phone or email, especially if you’ve received an unsolicited communication (even if you do regular business with the organization). Many scammers pose as representatives of trusted businesses. Do not leave personal financial documents out in the open or anywhere you cannot limit access. If you believe you may be the victim of identity theft and you have an IDShield membership call (800) 806-3991. If you do not have an IDShield membership visit www.idshield.com to learn more.

5 MUST-KNOW TIPS FOR BEST HANDLING A TRAFFIC STOP

Stories of altercations between police and detained citizens captured on police dashboard or body cameras have become all too commonplace in recent years. In fact, The Guardian now maintains an ongoing tally of the number of people killed by police in the U.S. – a number that has reached 948 on the date of this article’s writing.

Just last week, a car chase in Mesquite, TXescalated into an altercation in which police shot an armed man who refused to pull over for a traffic stop. While many factors drive the escalation of these police interactions, a common theme behind many of them is poor communication.

Keep Calm So You Can Carry On

Being pulled over by the police can be a nerve-racking experience,” says Jeff Bell, CEO of LegalShield. “It is clear is the best approach in a situation where you are stopped by a police officer is to keep calm and be courteous.”

Understanding traffic laws vary by state and province, here are five tips to help you properly handle a traffic stop.

1. Pull safely off the road, turn your interior light on at night, keep your hands on the steering wheel, be polite and cooperative with the police officer, and address the officer as "sir" or "ma'am.” A strong example of this can be seen in the recent tragedy involving Sandra Bland, who committed suicide after being arrested for her behavior during a routine traffic stop. The Washington Post cites several police officers and others commenting on this altercation, which many believe could have been avoided simply by a more civil discourse between Bland and the officer.

2. Comply with the officer's requests for your name, driver's license, registration, and insurance information. However, as ACLU lawyer Jason Williamson writes for Time, “you’re not required to give a statement beyond that. You can simply say, ‘I choose not to answer that question’.”

3. Do not exit the vehicle unless you are directed to do so by the officer. Referencing the story about Ms. Bland, Former NYPD detective Harry Houck recently told CNN that it is best for people to "do whatever (a police officer) says and then deal with it later."

4. Do not consent to a search of your car. If the officer searches despite your objection, remember to stay calm, tell the officer that you object to the search, but do not physically resist the search.

5. Call your attorney as you are able to do so.

To learn more about how a LegalShield membership can help you to understand the laws in your state, click here