Law Blog

“Murder.”  “Unnatural.”  “Frightening.”

Those are the adjectives that the neighbors of British couple Caroline and Steve Cartwright use to describe the couple’s sex life.  Yes, you read that last sentence correctly.  More specifically, the neighbors have been complaining that the noise keeps them up at all hours of the night, thus causing them to oversleep in the morning and make them late for work.  The problem happens almost every night.

So what do they do about this problem?  The neighbors decided to charge the wife with noise violations and seek an abatement, which they subsequently won.  The noisy couple appealed, but despite their best arguments that their Human Rights were being violated, their appeal was denied.  Since the initial ruling, Caroline has been found to be in violation of the noise abatement order three times.

Aside from the humor of this situation, there are some interesting legal issues dealing with noisy neighbors.  According to a U.S. Census Bureau survey, American consistently rate noise ahead of traffic and crime as their primary reason for wanting to move.  LegalMatch has a helpful recommendation for dealing with the problem of unreasonably noisy neighbors: approach them about the problem before seeking legal recourse.

I totally agree with this approach and the rationale that friendly communication should be used before the police and the courts get involved.  After all, theses are your neighbors and if you can salvage a friendship or at least a peaceful relationship then you should try.   There are also simple solutions such as caulking and sealing the edges of windows, doors, and outlets that face the noise source.

If that still doesn’t work, then you may be forced to hire a lawyer to seek your own noise abatement and/or money damages.  So for all you readers who have annoying neighbors who start construction too early, let their dogs bark at all hours, and have loud late-night parties, just think how much worse it can be!

If you could make sure that all your money, property, and other important belongings were given to exactly the right people, wouldn’t you do it?  The question seems like a no-brainer but the reality is that the majority of Americans do not do this!

A 2008 study found that 58% of Americans do not have a will.  I find this number to be shocking.  I know that death and dying is an unwelcome topic, however dying without a will is a really bad idea.  This holds true whether you are worth millions or a lot less.  Wills, trusts, and other estate planning tools give you the power to decide how to distribute your estate.

When an individual dies without a will (or when they have an incomplete will), their estate goes through intestacy, which basically means the state decides how your estate will be distributed.  This is especially risky if you have step or adopted children as some state’s do not allow an adopted or stepchild to inherit in intestacy, or those non-biological children inherit less.

A recent article I read outlines the top 9 excuses for people gave for not making any type of estate plan:

(1)I don’t see a need for an estate plan

(2)I don’t plan on dying

(3)I don’t plan on dying – at least not soon

(4)I don’t want to pay for it

(5)I don’t want to spend the time

(6)I don’t want to talk about my family

(7)I don’t want to talk about my money

(8)I don’t want to ruin my kids

(9)I don’t trust my kids

As you can see, some of these excuses are just avoiding the inevitable.  One of the beauties of estate planning is that you have the ability to change the majority of your plan as situations change.  Without an estate plan, you are putting your finances and property at the mercy of a judge who has no idea what you and your family are like.

A recent LegalMatch study found that the majority of people interested in preparing for their future were more interested in overall estate planning than drafting a single will or trust.  These findings make sense in that those individuals that are thinking about wills and estate planning are really trying to maximize the benefits and thus are creating more complicated schemes than just a will or trust; and those individuals who are not are in the majority and doing nothing to plan.   In addition to the ability to specifically provide for your family and loved ones, there are tremendous tax benefits to creating a will and/or trust.

It is not necessarily that I think everyone needs to embrace their own death.  Rather, I am advocating for embracing the lives you will leave on your death.  Estate planning is such a powerful tool and for all the time that people spend worrying about money and their families in their lives they should take a little time and worry about them after they die too.

A recent annual check-up got me thinking about healthcare.  Healthcare reform is all the rage right now.  But if you are like me (not a doctor and/or someone with limited medical background) the current debate is often too confusing to follow and you are not sure exactly what to think.

Medical malpractice and tort reform are one such aspect of the debate where you see the convergence of medical and legal issues searching for a solution.  To put it simply, medical malpractice has to do with professional negligence on the part of the care provider that results in some type of harm to the patient.  Because of these potential for errors, medical practitioners carry malpractice insurance to help offset the costs of a potential problem.

Doctors argue that frivolous lawsuits and high jury verdicts have driven up the cost of malpractice insurance to such levels that some doctors refuse to practice the more litigation-ridden areas of their profession or have resorted to conducting costly unnecessary test and procedures to further shield themselves from lawsuits.  While it is true that some attorneys have made millions on medical malpractice suits, many lawsuits bring with them legitimate claims that should continue to have a voice in the American legal justice system.

LegalMatch provides attorneys for both sides of a medical malpractice claim.  The most common situations in which this is found are:

• When there has been a failure to perform surgery
• Delay in treatment
• Failure to properly explain medical procedure or potential side affects
• Prescription errors
• Failure to properly diagnose a medical condition
• Improper treatment

No matter what side of the debate you are on, there are solutions.  As a NY Times article put it, “the goal is not to reduce malpractice lawsuits, it is to reduce malpractice.”  But that is the difficulty: to develop a system that allows providers, doctors, and patients to maintain a trust in the health care system while keeping costs down.  Now we just need to do it.

This past April it became clear that the usually incredibly popular H1-B visas, of which there are 85,000 issued each year, was far from reaching that number.  Typically tech companies such as Microsoft and Intel are looking to hire foreign-born workers specializing in computer science, engineering, and related fields.

Why the change in numbers you ask?  Commentators attribute the recently-enacted higher standards and greater restrictions placed on the application process and the economic downturn.

In February 2009, President Obama included in his stimulus plan the affirmative obligation for bailout recipients to hire Americans over foreign-born workers.  Although there are many Americans in need of jobs in the country, I agree with the LA Times article that characterizes the H1-B visa workers as a compliment rather than a replacement to the American worker.

A recent study conducted by LegalMatch confirmed the decline in visa applications.  There was an overall decline in H-1B visa inquiries over the past 12 months from the previous year.  Not surprisingly, inquiries for help with green card and other unskilled labor visas remained high.

In my opinion, I think that keeping the application process open until the quota is met is the correct approach to the decline in H1-B interest.  We need to continue to recognize the value that foreign workers play in the booming U.S. technology market and ensure that companies get the workers with the skills they need to continue to prosper.

Images of immigrant issues and struggles in the United States are popular fodder for hit movies such as The Godfather and Gangs of New York. For a nation founded by immigrants, the United States has become a melting pot of international identities and also the center of major immigration issues.

According to a recent report published by the Council on Foreign Relations, “The continued failure to devise and implement a sound and sustainable immigration policy threatens to weaken America’s economy, to jeopardize its diplomacy, and to imperil its national security.”

Urging for a fundamental overhaul of the U.S. immigration system, I agree with many of the suggestions of the report.  But as a citizen, rather than a policy maker, I believe that the emphasis and main concerns of the report are misplaced.  We need to worry less about national reputation and border patrol and more about ensuring that those immigrants, whether legal or illegal, are provided the support necessary to realize the American Dream.

The report provided a variety of suggested areas of improvement, including:

• Devising a comprehensive immigration reform plan
• Attracting skilled immigrants
• Increased National security
• Employer enforcement of immigration laws & standards
• Simplifying, streamlining, and investing in the immigration system
• Improving America’s image abroad
• Better border enforcement
• State and local enforcement

The seven most popular states for immigrants to settle in are California, New York, Florida, Texas, Pennsylvania, New Jersey, and Illinois, according to statistics compiled by LegalMatch.  Many of the immigration issues presented by LegalMatch clients arise because an individual immigrant attempted to navigate their way through the complicated and paper-heavy legal system without an attorney and ran into problems.

Aside from potential language issues, many immigrants working on visas or their citizenship status are trying to understand a foreign legal system.  I barely understand the American system as it is and could not imagine attempting to work within one I have no background knowledge of!  All parties involved from the government, to employers, to the immigrants themselves need to strive to work within rather than around the legal system.

Opinions vary about the economic and other effects of immigration.  Whether pro or anti-immigration, one thing remains true- we are a nation founded by immigrants and we must embrace our multi-national heritage and provide the same services and opportunities to everyone that comes within our border.