Wednesday, December 5, 2007

The Development Of Peterborough Law Firm Hegarty LLP From 1974 To Date

Submitted By: Richard Hegarty
In February 1968 the Peterborough Development Corporation was established with a task to provide homes, work and a full range of urban facilities and services for an extra 70,000 people drawn mainly at that time from the Greater London Area. Richard Hegarty was born in nearby Stamford and went to Stamford School and even as a sixth-former saw the potential for legal work in the greater Peterborough area. Whilst at Leicester University studying law he saw the beginnings of the new Peterborough being built with new roads and houses and industrial developments beginning to make an impact on the Peterborough skyline.

Richard Hegarty graduated from Leicester University in 1972 and commenced his articles with a firm of solicitors in Leicester, Harding & Barnett, and then subsequently Gardner & Millhouse. He firmed up an intention to set up in practice in Peterborough in the early part of 1973. Richard’s father was the managing clerk of a firm of solicitors in Stamford, Kelham & Sons, and had vast experience in conveyancing and probate matters over a 40 year period. He was due to retire at the end of 1974 and Richard and his father agreed to set up in practice in Peterborough. Mr Hegarty senior brought not only a vast experience but also many very useful contacts in the Peterborough area. The firm opened its doors on 15th October 1974 in premises at 16 Lincoln Road, Peterborough. Richard’s mother was the receptionist and typist. The offices consisted of two rooms and a cubby-hole which was a makeshift reception. Peterborough had not seen a new firm of solicitors for some time, but the timing could not have been better with a substantial increase in the number of new homes being built in Peterborough and an influx of new residents. In the early days Richard would do criminal, family and conveyancing work, but it soon became apparent that the firm would have to expand to cope with the substantial volume of work that was coming to the firm. Mr Hegarty senior retired from Kelham & Sons in December 1974 and initially was going to work part-time in Peterborough. The work load was such that it was immediately obvious that he would need to work on a full-time basis and this he did until he died in harness in August 1983.

The firm continued to thrive on the back of the expansion of Peterborough, and in October 1977 Tim Thompson joined and became a partner shortly after qualifying in 1979.

Hegarty & Co opened a branch office in Stamford in December 1979 in Maiden Lane. These premises soon proved to be too small for the volume of work that came into the Stamford office and in 1984 the firm purchased premises at 10 Ironmonger Street and redeveloped them into modern offices. The Stamford office continues to practice to this day from those premises.

The expansion of the Peterborough office continued at a pace and in 1984 the whole of 16 Lincoln Road was purchased and redeveloped into offices. Martin Bloom joined the firm as in 1980 and the practice continued to expand the areas of law which it was involved in.

In the mid-1980’s it was decided that each solicitor would no longer handle a broad range of legal matters but should specialize, and so separate departments for property, crime, litigation and family were created. Although such specialization in firms of solicitors is now taken for granted, at this time it was very much a new phenomena for provincial firms.

Towards the end of the 1980’s it became apparent that the firm would have to move into new offices to be able to cope with the increase in the numbers of staff and the onset of new technology. A site in Broadway was earmarked for development and the partners purchased the site and built offices which they still own today.

Richard Hegarty was elected to the Council of the Law Society in 1989 to represent solicitors in Cambridgeshire and Bedfordshire. He spent a total of 16 years on the Law Society Council during which time he held a number of senior posts. In the early 1990’s he lectured extensively in practice development and was instrumental in a number of projects at the Law Society which were designed to improve the quality of legal services provided by solicitors. The most notable of these were the creation of the “practice management standards” which Richard helped to write in the early 1990’s. Richard saw the importance of improving the quality of legal services that solicitors provided and how important the use of systems was going to be in the 1990’s and beyond. Practice management standards developed into the accreditation mark Lexel which is now the accepted standard for quality firms in England and Wales. Hegarty & Co were one of the first firms to obtain accreditation to BS5750 which is now the ISO 9001 standard. This accreditation they retain today together with the Law Society Lexel standard.

Although he retired from the Law Society Council in 2005 Richard still serves on the Compliance Committee of the Solicitors Regulation Authority and is a member of the Law Society’s Lexel assessment panel.

As the firm developed, the partnership increased and Matthew Sidebottom was made a partner in 1990 four years after joining the firm.

In 2003 Kally Singh, who had completed his training with the firm, became a partner and Hugh Nicholls, who had been at a major City of London practice for 17 years joined as a partner.

On 1st May 2006 the firm became a limited liability partnership with the name of Hegarty LLP. The same year saw the appointment of three new partners Andrew Heeler, Greg Baker and Sean Rowcliffe increasing the number of partners to it’s current total of nine.

Richard Hegarty says, "Today Hegarty LLP is recognised a major regional firm employing almost 70 staff, and provides a broad range of legal expertise.It is pleasing to have helped with that vision of Peterborough back in 1968 and help in a small way acheive is goals"
About the Author:

Richard Hegarty founded the firm of Hegarty LLP in Peterborough 1974. He is the Senior and Administrative Partner and deals with company commercial matters. Visit his site at www.hegarty.co.uk
Read more articles by: Richard Hegarty
Article Source: www.iSnare.com
Permanent Link: http://www.isnare.com/?aid=201287&ca=Legal

The Basics Of Minnesota Divorce Law

Submitted By: Gabriel Adams
If you are filing for a divorce in the state on Minnesota, there are a few things you should know. If you know the basics of the process before you start, you'll be prepared and will probably find the process smoother. Here are some of the basic facts that you should know.

The initial document that needs to be filed with the Minnesota court when requesting for a divorce is called the Petition for Dissolution of Marriage. The filing spouse will have to use this document to request the court to terminate the marriage under certain specific grounds. If both parties submit the petition jointly as Co-Petitioners it eliminates the necessity for the use of summons or for service of process.

Dissolution of marriage is governed by state law and it is essential that anyone filing for a dissolution of marriage in the state of Minnesota should meet specific residency requirements.

Minnesota Property Division Factors

Minnesota is an ‘equitable distribution’ state. While most debt and property issues are typically settled between parties by a signed Marital Termination Agreement, in the event that the parties are unable to reach an agreeable settlement, the District Court will first determine which debt and property is to be considered as marital. After assigning a monetary value to this marital property and debt, the court will distribute the marital assets between the spouses in an equitable fashion. Equitable in this case does not necessarily mean the assets will be equally distributed between the parties but rather it will be allocated according to what is deemed fair by the District Court.

The court bases its decision on several factors including the length of the marriage, age, health, occupation, employability, needs, liabilities, amount and sources of income of each party, opportunity for future acquisition of capital assets and any prior marriage of a party. The court also takes into the consideration the contribution of a spouse as a homemaker or the contribution of each in any acquisition. It is presumed that both spouses contributed substantially to the acquisition of property and income while they were married.

Minnesota Child Custody Factors

When deciding child custody issues pertaining to a divorce, the children’s best interest is the primary concern of the court. The court prefers if the parents can decide on the custody issues amicably, failing which the court bases its custody decision taking into consideration several factors including the reasonable preference of the child if the child is deemed to be old enough to express a preference. Other factors include the intimacy and interaction between each parent and the child; the child’s adjustment to school, home and community and the physical and mental health of all the individuals involved.

Minnesota Child Support Factors

Factors for determining child support include the financial resources, income, earnings and assets of the parents; the standard of living the child would have enjoyed if the marriage was still intact and the educational needs of the child as well as the child’s emotional and physical condition.
About the Author:

Find info on family law, bankruptcy and more at http://www.thelawway.com
Read more articles by: Gabriel Adams
Article Source: www.iSnare.com
Permanent Link: http://www.isnare.com/?aid=203451&ca=Legal

When Should You Instruct A Car Accident Lawyer

Submitted By: Daniel Richards
If you want to file for a claim through a car accident lawyer, you must, of course, be involved in a car accident and have experienced some injuries. You don’t really need to be a driver in order to file a car accident claim. You can be the driver, a cyclist, a pedestrian or a passenger and also those who have been injured due to negligence and recklessness caused by the person operating the car. If you have been hit by a car on the road, you must get a car accident lawyer because they specialize in car cases solely.

Of course the main criteria for filing for a claim is your involvement in a car accident. Injuries will add to the claim that you have filed. If you have been bruised and bumped, you may use that as strong evidence that you have been in a car accident. If you experienced injuries, you must take pictures of them so that the lawyer can present it as proof any injuries you sustained as a result of the accident.

If you have experienced more than bruises and scratches, like losing a leg or a part of your body, then you need to instruct your lawyer and make sure that you find the best lawyer in town because your case is not easy to handle. You will require hospitalization and you cannot make a claim with that kind of situation. You will need an accident lawyer to prepare all the information and details needed to present to the court.

The car accident lawyer will be responsible for the investigation and gathering of all documents you need in order to get your compensation. Some people who have been in an accident do not consult lawyers because they think that they will just hinder their case. However, it is in the lawyers interest for you to win the case so they will be working hard on your behalf.

A car accident lawyer is necessary for serious incidents in order to find out who was at fault in the accident by studying the case carefully and applying all the rules and regulations for car accidents and driving.

In consulting a lawyer, you need to be fast so the responses will be fast. It is necessary to consult a lawyer after the incident has just happened. You will have a limited time to prepare.

If you know that you are not the one at fault, don’t think twice about consulting your lawyer. He knows better how to handle and deal with the issues properly and accurately. Of course, if you are not the one at fault, the lawyer must use any strategy he can to prove your innocence.

Don’t hesitate to call your car accident lawyer if anything goes wrong. This will lessen your burden in getting the claim that is rightfully yours.
About the Author:

Daniel Richards has an interest in Cars, Autos & Vehicles. To access more articles on dealing with car accidents or for additional information and resources visit this car accidents related website.
Read more articles by: Daniel Richards
Article Source: www.iSnare.com
Permanent Link: http://www.isnare.com/?aid=32993&ca=Legal

The Lemon Law In Florida - Stating The Law As It Affects Consumers

Author: Earl Powers
The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers’ money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida’s automobile 'Lemon Law,' or popularly known as lemon law Florida.

Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.

Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.

Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.

Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.
About the Author:

Earl Powers, US Lawyer and Lemon Law Attorney expert - focusing on Lemon Law Lawyers and Lemon Law
Read more articles by: Earl Powers
Article Source: www.iSnare.com
Permanent Link: http://www.isnare.com/?aid=39534&ca=Legal

Family law lawyers in WA State: lawyers from McKinley Irvin cater to the needs of their clients

By: McKinley Irvin
There are a lot of good family law lawyers in WA State. This encourages many people involved in family legal problems. However, not all family law lawyers in WA State are the same. The law firm of McKinley Irvin, Washington State family law specialists, has some of the most experienced, talented, and effective family law lawyers in WA State. Family law involves a number of different issues: divorce, legal separation, parenting plans, complicated property valuations, investment distribution, child support and educational support, international citizenship, and protection orders, among others.
A person can represent himself in a family law case but is likely to be overwhelmed by the various statues and case law; and, therefore, will not really get a grasp the case from legal standpoint. A pro se (person representing himself) will have a hard time litigating the case in court if he does not speak the language of the law and does not know its rules. On the other hand, hiring one of our family law lawyers in WA state who is experienced at these sorts of things will bring clarity to the legal perspective, and a much better chance of getting a fair outcome. Yes, it costs some money, but an unfavorable family law judgment could ruin your life and can cost you much more in the long run, bottom line.
At MI, our family law lawyers in WA State have over 100 years of collective experience. Our family law lawyers in WA state draw on such experience to plan, argue, and resolve cases in a reasonable manner and a reasonable time frame. Further, the MI Family law lawyers in WA State have found that working with and listening to their clients goes a long way to having a case go well. They strive to make their clients feel involved at every stage of the case from filing to mediation to trial. Therefore, unsurprisingly, these family law lawyers in WA state have been at the top of the market in resolving family law problems for two decades.


--------------------------------------------------------------------------------
About the author :

Mckinley Irvin- Please Visit http://www.mckinleyirvin.com for further details.

Article Source: http://www.articleonlinedirectory.com

Living Wills in New Jersey Law

By: Thomas McMahon
Anyone who cares about the feelings of their family members, or their own final health care treatment, should consider executing a Living Will. It has become an essential element in the practice of Estate Planning Attorneys.

Why? A Living Will permits the patient to communicate, in advance, the medical care decisions he or she would make if rendered incapacitated, so that their family won’t be put in the difficult position of having to do so for them.

The recent nationwide controversy caused by the unfortunate situation of a woman in Florida, who did not possess a Living Will, has demonstrated the family pain created by this issue and sparked renewed public interest in the Living Will. Clients from California to New Jersey have contacted Estate Planning Attorneys to learn more about them.

The Basics:

The legal name for a Living Will is an Advanced Directive, a document codified nearly 15 years ago by The New Jersey Advanced Directives for Health Care Act.

In New Jersey, according to the law, an Advanced Directive, or Living Will, in and of itself, is a simple document needing only to be in writing, signed and dated in the presence of two subscribing adult witnesses who must attest to the fact that the person is of sound mind and free from duress and undue influence. Alternatively, it simply may be signed, dated and acknowledged before a notary public, an attorney or other person authorized in New Jersey to administer oaths.

The Advanced Directive becomes operative when it is transmitted to the attending physician who has determined that the patient lacks the capacity to make a particular health care decision.

Once made, the patient may revoke the Advanced Directive either by oral or written notification of the revocation to the “Health Care Representative”, physician, nurse or other health care professional, or by any other act evidencing an intent to revoke the document. In other words, the patient can change his or her mind, at any time, simply by saying so.

What It Does:

Consistent with the terms of an Advance Directive, life-sustaining treatment may be withheld or withdrawn from a patient if the life-sustaining treatment is:

· Experimental and not proven therapy, or is likely to be ineffective or futile in prolonging life, or is likely to merely prolong an imminent dying process;

· The patient is permanently unconscious, as determined by the attending physician and confirmed by a second qualified physician;

· The patient is in a terminal condition as determined by the attending physician and confirmed by a second qualified physician, or

· The patient has a serious irreversible illness or condition, and the likely risks and burdens associated with the medial intervention to be withheld or withdrawn may be reasonably judged to outweigh the likely benefits to the patients from such intervention or imposition on an unwilling patient would be inhumane.

The law allows the attending physician, consistent with the terms of the Advance Directive, to issue a “Do Not Resuscitate” Order.

Two Types -- Instruction and Proxy:

There are two types of New Jersey Advanced Directive, or Living Will: An Instruction Directive and a Proxy Directive. You may choose to create either one or both.

The first type, an Instructive Directive is what clients usually mean when referring to a Living Will. It provides instructions and directions regarding health care in the event that the patient subsequently lacks such decision-making capacity. The Instruction Directive may state the person’s general treatment philosophy and objections together with the person’s specific wishes regarding the provision, withholding or withdrawal of any form of health care, including life-sustaining treatment.

The second type, the Proxy Directive is more similar to a Power of Attorney because it appoints a “Health Care Representative” to make health care decisions in the event the patient subsequently loses the capacity to make such decisions.

A person may appoint as his “Health Care Representative” any competent adult, including a family member, a friend or a religious adviser. Once the person’s attending physician determines that a person lacks decision- making capacity (along with confirmation of another physician, unless that person’s lack of decision-making capacity is clearly apparent), the “Health Care Representative” has the authority to make health care decisions on behalf of the patient. The “Health Care Representative” is to make all health care decisions the patient would have made had he or she possessed decision-making capacity, or where the patient’s wishes cannot be determined adequately, to make a decision in the best interest of the patient.

In carrying out the person’s wishes, the “Health Care Representative” is to give priority to that patient’s Instruction Directive, if one exists. Also, a Proxy Directive can be written in New Jersey so as to place specific limitations upon the authority of the “Health Care Representative”.

Also important to note, the Living Will statute in New Jersey covering Proxy Directives specifically protects the patient’s “Health Care Representative” from liability. The law states that the “Health Care Representative” is not imposed with any liability for any portion of the person’s health care costs, not subject to criminal or civil liability for any action performed in good faith and in accordance with the provisions of the act to carry out the terms of the Advance Directive.

Physician and Hospital Responsibilities:

Interestingly, the law requires the attending physician to make affirmative inquiry of the patient, his family or others as appropriate under the circumstances, concerning the existence of an Advance Directive. In other words, the attending physician must initiate the question of a Living Will. The attending physician is required to note in the patient’s medical records whether an Advance Directive exists and the name of the patient’s “Health Care Representative”, if any. If an Advance Directive exists, a copy must be attached to the patient’s medial records.

Health care institutions including hospitals, nursing homes, home health care agencies and hospice programs are required to adopt policies and practices that are necessary to provide for routine inquiry at the time of admission and other appropriate times concerning the existence and location of an Advance Directive. Moreover, health care institutions must adopt policies and practices necessary to provide appropriate informational materials concerning Advance Directive to all interested patients, their families and their “Health Care Representatives”, and to assist those patients in discussing the executing an Advance Directive.

These health care institutions will also be required to adopt policies and practices necessary to educate patients, their families and “Health Care Representatives” about the availability, benefits and burdens of rehabilitative treatment, therapy and services, included but not limited to family and social services, self-help and advocacy services, employment and community living, and the use of assisting devices. Health care institutions must establish procedures and practices for resolution of the disputes among the patient, and “Health Care Representative” and attending physician in the event there is disagreement concerning the patient’s decision making capacity or in the interpretation of the Advance Directive concerning the patient’s course of treatment.

The New Jersey law on Living Wills expressly states that it should not be interpreted to impair the obligations of health care professionals to provide for the care and comfort of the patient and to alleviate pain, in accordance with accepted medical and nursing standards.

The patient’s family, “Health Care Representative”, and appropriate others should be informed that if a person has appointed a “Health Care Representative” and subsequently lacks decisions-making capacity concerning a particular health care decision, the attending physician must obtain the informed consent for, or refusal of, health care from the “Health Care Representative” after discussing the nature and the consequences of the person’s medical condition, and the risks, benefits and burdens of the proposed health care and its alternatives. However, if the patient is subsequently found to possess adequate decision-making capacity, the patient shall retain legal authority to make the health care decision.

Moreover, even if the patient lacks decision-making capacity, but nonetheless clearly expresses the wish that medically appropriate measures be utilized to sustain life, that wish shall take precedence over any contrary decision of the “Health Care Representative” and over any contrary statement in the patient’s Instructive Directive.

Conclusion:

The services of an Estate Planning Attorney are not necessarily required in New Jersey to execute a Living Will – just as they are not required to execute a Real Estate Contract or a Last Will & Testament – provided the document is in the proper form, correctly drafted, signed and witnessed. However to be sure that a Living Will conforms to New Jersey legal guidelines and that the patient’s wishes in the event of incapacity are clearly expressed – so as to be understood and followed – it may be prudent to consult a lawyer experienced in Estate Planning before the occasion arises in which the Living Will is needed.

Thomas G. McMahon, Esq. is a attorney in the Princeton-based law firm Pellettieri, Rabstein & Altman who specializes in estate planning and tax litigation. You can reach Mr. McMahon at 609-520-0900, or visit http://www.pralaw.com



Article Source: http://www.articleonlinedirectory.com

personal laws