The Legal Defense Fund is Explained by PORAC

What is the Legal Defense Fund (LDF)?

The PORAC Legal Defense Fund was established for the protection of its members’ civil rights. The fund has also enhanced the ability of the PORAC Bar Association to provide legal representation in new and more effective ways. The initial $200,000 grant pledged by PORAC was supplemented by generous donations from PORAC members and sponsors. With those generous donations and the interest it has generated, PORAC has given more than $1,000,000 over the past 30 years.
The PORAC Legal Defense Fund was established in 1990 after the passage of California’s Proposition 115. The PORAC Legal Defense Fund was created to enable the PORAC Bar Association to represent members in criminal cases and protect their rights. Laws that seem to weaken the rights of peace officers are no match for the PORAC Legal Defense Fund. Prop . 115 sought to make it easier to prosecute police officers and prosecutors, themselves, were unsure whether they were covered by the provision. The PORAC board was not confident that the Prop. 115 changes were constitutional, so it sued to block the new law. The PORAC Legal Defense Fund was designed to collect money through which members can defend against judicial and administrative actions that could take away or impair their rights. For instance, in 1993, the PORAC Legal Defense Fund’s assistance helped settle a case that involved an officer with a drug conviction who claimed disability retirement. The Legal Defense Fund assistance resulted in the successful defense of that claim. Similarly, the legal assistance funded through the PORAC Legal Defense Fund assisted a member in having several traffic-related felony charges dropped after the member allegedly failed a sobriety test, according to the state’s roadside screening equipment.

Essential Corporate Law Books for Legal Experts

Best Corporate Law Books for Newcomers

For those new to corporate law, it is important to have a basic understanding of the core principles and concepts that underlie all aspects of this broad and complex area of law. The following books are a good starting point for those beginning in the field.
A Practical Guide to Corporate Governance, by Edward B. Rock and Michael L. Wachter Although the title basically sums up the book, this is really an excellent primer to the broad subject of corporate governance and how it informs corporate law.
Principles of Corporate Finance Law, by Robert Charles Clark Principles of Corporate Finance Law is a comprehensive overview of corporate finance law, from the formation of debt and equity securities to the rights of creditors and stockholders, and its effect on corporate governance.
Corporate Law and Practice , by Richard A. Booth This book was originally published as part of the Nutshell series from Thomson Reuters, which tends to be an excellent source for getting a first overview of any legal subject. It is written by one of the leading corporate law professors of today.
Core Concepts in Corporate and White Collar Crime Law, by Kimberly Thomas This is a good general guide to the basic elements of white collar crime law (e.g., securities fraud, insider trading, accounting fraud, etc.) with a good view of the basics of corporate law. A great read for someone new to the corporate or white collar crime fields.
Corporate Law, by Stephen Bainbridge Corporate Law by Stephen Bainbridge is another Nutshell book that covers a wide range of corporate law issues in an easily understandable, but highly informative, manner. A must read for any new corporate lawyer or law student.

Revenue Sharing Agreements – A Definitive Guide With PDF Templates

What Is a Revenue-Sharing Agreement?

A Revenue Sharing Agreement is a legally binding contract between two or more parties to allocate rights and revenue as a partnership. It is usually written in the form of a business plan in which each party outlines their obligations to the other party in the business in exchange for a specified amount of revenue out of the total revenue from the business. Revenue Sharing Agreements may be entered into in connection with a legal entity such as a limited liability company or Corporation, or directly in the form of a partnership as between general partners.
Revenue Sharing Agreements are commonly entered into when multiple parties wish to start a joint business venture . The terms of the Revenue Sharing Agreement can be highly customized to meet the needs of each party; including how much control each party has, how profit and loss will be shared, what will happen in the event of termination of the Agreement, what steps each party will take to maintain its respective obligations, and other significant provisions.
Each state has laws regarding partnerships and agreements between persons that may affect the execution, performance and termination of the Agreement. It is important to carefully consider the relevant state laws in reviewing the contents of this Revenue Sharing Agreement, and we have included an overview in the downloads accompanying this Agreement.

The New Mexico Residential Lease Agreement: What to Include and What You Need to Know

What is a Residential Lease Agreement?

A residential lease agreement is a contract between a landlord and a tenant, providing for the tenant to occupy the premises owned by the landlord in exchange for the payment of rent. It is used to define the terms under which the tenant will use the property and under which the landlord is allowed to take that property back when the lease ends. A lease agreement is an important document because it provides guidance for when disputes arise between a landlord and their tenant.
For example, the lease may provide that the cost of utilities is the responsibility of the tenant or the landlord, and will identify the specific utilities at issue. In addition, the lease will likely identify the party responsible for performing any necessary repairs to the leased property and when such repairs are to be completed.
The New Mexico Residential Lease Agreement is a standardized contract prepared by the Real Estate Commission. The New Mexico Residential Lease can also be referred to as the NM Residential Rental Agreement or the NM Lease Agreement. This document meets New Mexico law requirements for what items must be included in a residential lease agreement .
While the document is standardized, there is space in the New Mexico Residential Lease for the parties to address other issues that may be important to them. For example, the Residential Lease Agreement can be modified to provide for:
• The lease term, if it is different from the default term set out by the law;
• Provision for subletting of the leased space, if that is important to the parties;
• Provisions prohibiting smoking or keeping pets on the leased property;
• Requirements for the maintenance of the property, including a schedule for any planned or routine maintenance;
• Circumstances when the tenant should contact the landlord about issues with the leased property.
Every landlord in New Mexico should have his or her attorney review the Residential Lease Agreement and modify it as necessary to fit the specific needs of the landlord. While it is always recommended that landlords have an attorney prepare a commercial lease agreement, instead of using a form lease, New Mexico Residential Lease Agreements are standardized and the Real Estate Commission prepares these forms.

Getting to Know the Evidence Chain of Custody Form: A Crash Course

What is a Chain of Custody Form for Evidence?

An evidence chain of custody form is an essential document in the legal and criminal justice fields, designed to provide a thorough and legally-acceptable record of how evidence has been handled. It is commonly used in various situations as part of an official investigation, such as a law enforcement inquiry, a corporate compliance investigation or in any other legal-related matter that requires the presentation of admissible evidence in court. Properly completing a chain of custody form is critical to the proper administration of the legal system, and protecting the rights of individuals.
The purpose of an evidence chain of custody form is to establish and maintain a painstakingly accurate record of the handling and control of evidence gathered during an investigation . This should begin with the very first activity in a given case. If, for example, someone has come forward with a tip about suspected criminal activity, the tip itself may become evidence that must be maintained properly. An evidence chain of custody form would track the receipt of the tip, the actions taken to investigate it and any possible evidence that came as a result, down to the location of any notes or data logs.
No matter what the evidence might be, the form should track its discoveries, handling and storage at every step along the way as it is handled by various individuals in multiple interrelated workflows. It should also be comprehensive enough to document each person who touches the evidence, until it is ultimately presented to the court.

Rhode Island Legal Career Paths: Opportunities and Insights

The Structure of Legal Careers in Rhode Island

The legal job market in the Ocean State continues to show signs of diversification from the traditional New England litigation hubs. The number of both career opportunities, and candidates seeking new employment, have increased and the market shows no signs of slowing down. According to the US Bureau of Labor Statistics, employment of lawyers is projected to grow faster than the average for all occupations at 6% between 2014-2024. The O’Brien Group has found that areas such as estate planning, intellectual property, litigation, and employment are strong for employers, while the area of corporate law seems to have softening demand. The average salary for attorneys in the Providence MSA is the third highest in New England, at $101,000. It is however 17% lower than Boston salaries and 21% lower than the New York metropolitan area (ZipRecruiter). A recent Glassdoor job posting noted that entry level Associate salaries start at $61,000 for New England firms, with the largest salaries going to Partners at $333,000. Salaries for Partners and Associates have remained flat for several years, and well below the highly compensated attorneys in Boston and New York. This can be a weakness in the area when it comes to making an offer to a candidate from outside the region , but a strength for those candidates already located in New England. The cost of living in Rhode Island is significantly lower than in southern Massachusetts and at 13-17% lower that Boston, of which the majority of attorneys do not make a commute. Legal hiring trends have also seen a diversification as well. While the traditional view of legal hiring was one where law firms handled more labor and employment work in house, many firms are now using contracting and staffing firms to source their permanent legal hires. This trend allows recruiting firms to vet candidates in advance and allows clients to ‘try before they buy’ with candidates who may have unconventional backgrounds. In addition, the number of large international firms in the northeastern part of the state has increased along with some of the large regional firms opening offices. While New York still remains the preferred location for investments, and some of the major firms have even opened offices in Boston, many firms are targeting cities such as Providence for future investment. As firms continue to grow in the 21st century, we expect Southern New England to become an increasingly attractive location for international firms targeting the US market.

How to Terminate a Partnership Agreement: A Guide to the Process

All About Partnership Agreements

Partnership agreements are contracts that govern the operation and management of business partnerships. Generally, these agreements set forth a distribution of profits and losses, as well as the various obligations, rights, and duties of each partner. By establishing a clear understanding of the terms of operation , these agreements are designed to reduce the chance of disputes arising between partners. The majority of partnership agreements will have the following clause types: Partnership agreements often contain sections on the process for one or more partners exiting the partnership, including dissolution. For those partnerships that have entered into an agreement, a formal dissolution clause is often included.

Alabama Notary Rules in Plain Language: The Complete Guide

Alabama Notary Rules Introduction

At the crossroads of law and administration, the notary holds the special privilege of authenticating documents; an assurance of integrity that allows for the creation of legally recognized records. Across the nation, and even internationally, independent notaries play a vital role in verifying identity and preventing fraud. In the state of Alabama, this process is subject to specific rules and regulations that all notaries must follow .
Alabama notary rules cover the appointment, duties, and limitations of the state’s notaries public, creating a framework for their important work in the legal document lifecycle. These parameters not only help ensure that the identity of an entrepreneur is verified and the rightful owner of a property is authenticated, but also that the actions that follow are valid.

Your Complete Guide to Abandonment Laws in Indiana

What is Meant by Abandonment in the State of Indiana?

There are several types of abandonment recognized in the State of Indiana, each with its own legal definition and implications. The most common types of abandonment recognized by law are:
Under Indiana law, property abandonment refers to the surrender or relinquishment of some object or substance, by the owner, manifesting an intention to forego the right to future possession of it. In determining whether there was an abandonment of property, all the facts and circumstances in an individual case should be taken into consideration.
Parental abandonment occurs when a parent leaves a child, or fails to exercise physical custody of the child, for a period of at least six months, or for any period of time after the submission of the initial petition to terminate parental rights. The criteria for establishing parental abandonment may vary , depending upon the purpose for which the abandonment is shown in court.
Spousal abandonment refers to the desertion of one spouse by another, without just cause, for one full year immediately preceding the filing for divorce. If either spouse willfully fails to cohabit with the other for one full year, the spouse who does not cohabit may obtain a decree of divorce.
As with other types of abandonment, spousal abandonment requires a showing that the abandonment was without justifiable cause and amounts to desertion. Other causes may include rejection by the other spouse, refusal to allow the other spouse to live in the home, humiliation of the other spouse, or actual or threatened physical violence.

The Ins and Outs of Ownership Agreements: A Complete Guide

What Is An Ownership Agreement?

An ownership agreement is a legally binding contract among the owners (or a particular class of owners) of a business, an investment, or another kind of asset, and sometimes their families, that governs a variety of intra-ownership matters. The operative provisions of any particular ownership agreement will depend largely on the particular concerns of the owners with respect to the asset and each other . However, typically the provisions of an ownership agreement are organized around one or more of the following principal concerns:
The agreements are common among owners of businesses, investments, or other assets (as well as their spouses and surviving family members), both large and small, forming part of their overall estate plans. They are generally cheaper and easier to implement than many other kinds of assets protection techniques. A limited number of owners may be able to work out their intra-ownership matters by means of mutual understanding and cooperation. However, in larger enterprises, or where there is a lack of trust or consensus among the owners, an ownership agreement is essential.