Monday, February 29, 2016

How to take a health car

Medigap


A Medigap policy, also called Medicare Supplement Insurance, is an add-on to your original Medicare coverage that takes care of all of those coverage gaps. In case all of these letters weren’t confusing enough, Medigap coverage comes in Plans A, B, C, D, F, G, K, L, M and N. But the good thing about these letters is that all Medigap policies are standardized. You don’t have to compare coverage details as you would for a Medicare Advantage plan. If you want Medicare Plan F, you can compare different companies that offer the plan. It’s an apples-to-apples comparison. Of course, you'll owe a premium for a Medigap policy on top of your other Medicare premiums. (For more, see Medigap Vs. Medicare Advantage: Which is Better?)

Medicare Advantage


There are all kinds of problems with Medicare. The one you should be most worried about is the coverage gaps. Part A has that $1,288 deductible and Part B requires that you pay 20% of your expenses regardless of how high your medical costs soar. That could be a lot of money.

Because of those gaps, most Medicare recipients purchase additional coverage to close the gaps. Medicare Advantage, also known as Part C, helps to plug those holes. After you have enrolled in Parts A and B, you can apply for Part C, which will cover what A and B – and often D – don’t. These Medicare Advantage plans are similar to private health insurance. You can purchase an HMO or PPO plan, and most will have some sort of limit on how much you pay out of pocket annually.

Like any plan, you have to compare your options and decide which is best for you. Medicare helps you by standardizing the plans. Each company must offer everything covered by original Medicare (Parts A and B) with the exception of hospice care. Most will also offer some sort of prescription drug coverage, but not all do. You can use Medicare’s Plan Finder to find options in your area.

Long-Term Care Insurance


Ongoing care for an illness or just for somebody suffering the effects of aging can be expensive. Nursing home facilities alone can cost between $150 and $300 or more per day. Long-term care insurance covers all or a portion of these charges once you reach 65 or suffer a disabling condition earlier in life. Most agents recommend getting long-term care insurance once you reach your mid 50s.

Although you may be in fine health in your 50s, the longer you wait, the costlier the policies. As with most insurance products, there are different types of policies when it comes to long-term care insurance. The key is to find a policy with a rate that covers most costs and also adjusts upward with inflation.

A common policy would charge about $5,100 for a couple and pay a maximum of $200 per day with a 3% compound inflation rider. With the average cost of nursing home care about $250 per day for a private room, this policy wouldn’t cover all of your costs. (For more, see Choosing Long-Term Care Insurance: Which is the Best?)

Friday, February 26, 2016

10 things you should know about preparing as awitness




You should follow the rules in this article when answering questions from both your counsel and opposing counsel. However, these rules will likely be most beneficial when dealing with opposing counsel. Your counsel is not out to "get you" or trick you. However, opposing counsel’s job is to further the other side’s case – which is often in opposition to what you will be testifying to.

Rule 1: Tell the Truth

Rule 1, by far, is the most fundamental rule of all. Make sure to always TELL THE TRUTH. Before you can testify as a witness you will have to take an oath to tell the truth.  You’ve heard the oath (at least on TV), "Do you promise to tell the whole truth and nothing but the truth?" When the witness answers "I do," this means that he or she agrees not to lie. Deliberately lying while testifying under oath is called perjury. Witnesses convicted of perjury can be subject to civil and criminal penalties, including jail.

Telling the truth may not be a problem for many people. But many people err on the other side – they give more information that what they are asked. This is bad for many reasons, but most of all because no matter how nice opposing counsel may seem, he or she are not on your side! This leads us to Rule 2.

Rule 2: Do NOT Volunteer Information

This may seem obvious, but it is perhaps one of the greatest flaws of all witnesses. This means to answer only what you are asked, and nothing else! To do this correctly it means you must LISTEN to the WHOLE question and only answer what you are asked. Following Rule 2 is often more difficult than it sounds. Many people hear the first few words of a question and automatically begin to formulate their responses.

Let’s go over a brief example to clarify. The (STOP) indicates where the witness should have quit talking:
Counsel: Please state your name for the record.

Witness: Brian Rogers

Counsel: What is your occupation

Witness: I am a mechanic (STOP) and I work in the brake room where I spend most of my time fixing auto brakes.

Counsel: Where were you on the night of August 21?

Witness: I was at the Ron’s Steakhouse. (STOP) I went there with two friends for a late night snack.
As you can see by the (STOP) signals, answer only what you are asked and nothing more! There are many reasons why a witness should only answer what he or she is asked, but one main reason sticks out: the more information a witness gives the more it may hurt your side’s case.

For example, in the last statement made by Witness above, Counsel may have not known that there were "two friends" that came along. This fact may have a tremendous bearing on the outcome of the case depending on what the case is about. If the case concerns a murder, and Witness says he never saw the killer, opposing counsel might want to question the "two friends" about Witness’s statement. The two friends may have information that incriminates Witness!

So, answer only what you are asked and nothing more.

Rule 3: If You Don’t Understand a Question, Say So.

 Once again, this is common sense (but common sense isn’t always so common). If opposing counsel asks you a question you don’t understand, ask for clarification. Or if opposing counsel mumbles something and you couldn’t hear the complete question, ask to repeat the question. Often, lawyers do a poor job of phrasing questions, and a witness should never attempt to answer a question which he or she doesn’t understand.

Next, we’ll take a look at Rules 4-6 in being a good witness.

Rule 4: Think Before Answering


Rule 4 goes hand-in-hand with the 3 previous rules. Always listen to the FULL question before you begin to answer. Take a few seconds before you respond, if you need the time. You can even ask counsel to repeat the question if you need a little more time to think about your answer. However, don’t use this technique often, as you may upset the presiding judge.

Some things to keep in mind:

Do not say "yes" if you really mean "maybe."
Do not say "no" if you really mean "I do not recall."
The word "no" means NO – absolutely not!
The word "yes" means YES – absolutely yes!

So, if certain answers are maybe, say "maybe." If opposing counsel instructs you to answer yes or no, and you cannot, then say you cannot answer yes or no. Sometimes opposing counsel may phrase a question where you may want to answer yes or no, but a fact or two may require you to answer "maybe" or something else.

Let’s go over an example:
Counsel: Have you ever met a person named Angela Merkel?

Witness: I may have.
This could be a good response if you are not absolutely sure as to whether you have met such a person. If Angela Merkel is your best friend, then definitely respond "yes," but offer nothing more. In other words, do not tell opposing counsel Angela is your best friend unless you are specifically asked if she is your best friend.

Rule 5: Prepare Before You Testify.

You should review any documents, statements, or other records you may have made that opposing counsel may question you about. This does not mean you should prepare like a test. What is means is that you should go over the relevant facts that opposing counsel will likely question you about. Then, you’ll have an idea of what opposing counsel might ask and this should help to limit any surprises. Still, even with preparation, you can never know with 100% certainty what opposing counsel will ask – but you can often come fairly close with solid preparation.

Your lawyer should go over with you what you may or may not be asked. However, your lawyer is not allowed to coach you – i.e. this means your lawyer cannot tell you what to say. Coaching witnesses is against the law.

Rule 6: Do Not Argue.

Remember this: Lawyers argue and witnesses testify.

Follow the rules stated in this article, and answer opposing counsel’s questions to the best of your ability. It is your lawyer’s job to object to hostile, offensive, or intimidating questions directed at you. Do not shout back at opposing counsel, even if he or she tries to get "under your skin." Be as professional as possible.

Keep in mind that you may still be required to answer questions that make you feel uncomfortable. As long as a question is relevant and no objections exist to combat it, you may have to answer the question. Therefore, make sure to prepare mentally for any questions you (and your lawyer) believe you may have to respond to. It should help to calm your nerves.

Next, we’ll go over the last 4 rules to be a good witness.

Rule 7: Correct Your Mistakes

No one is perfect and we all make mistakes. If you state something that is inaccurate, correct your mistake the first chance you get. But make sure what you said was inaccurate. Obviously, try to keep mistakes to a minimum. And remember, if you do mess up, make sure you fess up.

Rule 8: Distinguish What You Know From What You Have Been Told


What a non-party to the case (i.e. neither the plaintiff nor defendant) tells you about something, it is usually hearsay and it can often be successfully objected to. What you directly hear or see with your own senses is generally not hearsay and usually cannot be objected to. In other words, you may not have to answer a question that is based on hearsay – as long as your lawyer objects to the question. You often will have to answer a question that is based directly on what you heard, saw, smelled, felt, or tasted. If this sounds confusing, don’t worry about it. "Hearsay" can be tricky to determine, and it often takes a seasoned lawyer to understand all the ins and outs of hearsay.

For purposes of this article, let’s go over a common example to illustrate what you know from what you have been told:

You are standing at the corner of an intersection waiting to cross the street. Suddenly, a car whizzes by you, knocks over a nearby mailbox, and continues down the street out of sight. You stand there in amazement because the car nearly hit you and you barely saw the car. Later that night a few of your friends tell you that the person in the car was Al Smith. On the stand, counsel asks you the following questions:

Counsel: Were you nearly hit by a car at the corner of the intersection?

You: Yes.

Counsel: Who was in the car?

You: I do not know.

This is the proper response. If you had answered "Al Smith," that would have been hearsay – because you heard it from your friends. There are many exceptions and exemptions to hearsay, and so your lawyer can go over the relevant hearsay exceptions and exemptions with you before you testify.

Rule 9: Do Not Guess If Asked About Statistics

If opposing counsel asks you how fast the car was going in the above example and you didn’t see it, then say you didn’t see it. If you did see the car for a moment or two, in most instances you can make an educated estimate. But make sure to emphasize this point.

For example:

Counsel: How fast was the car going?

Witness: About 35 to 45 mph.

This is a good and fair response, as long as it reflects your best memory.

Rule 10: Take Your Time and Relax


Finally, relax and take your time. This will help you with all of the above rules, especially with Rule 4 - Think Before Answering. Do whatever you need to do within reason and remember to relax.

So, now you’ve been informed about the basics in being a good witness.

How to be come a lawyer


You hear about lawyers and lawsuits in the news all the time. But have you ever wondered what it takes to be a lawyer? What do lawyers do on a day-to-day basis? What salary does a lawyer typically earn? Why is a law degree one of the most sought after professional degrees?


For starters, lawyers come from all walks and stages of life. For example, some people decide they want to be lawyers at an early stage in their lives and attend college on a "pre-law" track. Others may decide to enter law school after graduating from college because they aren’t ready for a "real job" or because someone in their family is a lawyer. And other people go to college and enter the work force, only later deciding to pursue law as a second career. People who become lawyers as a second career are made up of former teachers, accountants, nurses, engineers, librarians, or any other profession you can imagine. The bottom line is this: lawyers come from every kind of background and stage of life.


While lawyers’ backgrounds are diverse, there is a general path that must be followed to be a lawyer. In short, in order to be a lawyer you must: (1) graduate from high school (or get your GED), (2) graduate from a 4-year college with a Bachelor’s degree, (3) graduate from law school, (4) pass a state bar exam, and (5) find a legal job.


Once you become a lawyer, the possibilities of what you can do with your law degree and training are quite numerous. For example, you could work as a trial lawyer, be a law clerk for a judge, join the military as a Judge Advocate General, become a special agent with the FBI, enter the business world, etc. The main point is that a law degree opens many doors.


As you can begin to see, what lawyers do on a day-to-day basis and the career paths that come with achieving a law degree can vary drastically from one lawyer to another. However, certain careers and educational backgrounds tend to better prepare one for becoming a lawyer. And if you know what you want to do with your law degree before you enter law school, you can choose the studies and training to get you where you want to go quicker. We like to call this "thinking backwards" – i.e. think about where you want to go (your goals), then figure out how to get there one step at a time.


In this article, we’ll explore where lawyers come from, what it takes to be a lawyer, what lawyers do, and the timeline in detail for becoming a lawyer. We’ll explore all these questions and more to see if the legal profession is one that appeals to you.

Trained Lawyer

                                                         

Unfortunately, it can be extremely difficult for foreign-trained lawyers to sit the bar exam in the US. Completion of the LL.M. degree in itself does not guarantee eligibility to take the bar exam. Most states do require a J.D. degree for a US law school in order to sit for the bar exam. There are some states which do allow foreign law graduates to sit for the bar exam, including New York, California, New Hampshire, Alabama, and Virginia. In this case, however, foreign-educated lawyers must begin the process by getting their law degree reviewed and analyzed by the American Bar Association, and it can take up to a year to before the foreign law credentials are even assessed. Once reviewed, the application is either accepted or deferred. If accepted, foreign lawyers are allowed to sit for that state’s bar exam in much the same way a domestic applicant would. In New York, one of the jurisdictions most open to foreign lawyers, this would allow foreign lawyers to sit for the bar without being forced to complete any further law school study in the US.
Fortunately for anyone taking the bar as a foreign lawyer, preparing for the bar exam is a typical—if daunting— challenge. Many American law students spend months preparing to sit for the bar exam by taking bar review courses and classes and foreign-educated lawyers should consider doing the same. Regardless of their backgrounds, so many applicants take these review courses that the model answer the examiners are looking for is invariably in the style taught by these courses. Such classes can be time consuming and expensive but well-recommended ones are generally worth it. After all, the goal of taking the bar as a foreign lawyer is well within sight!