Best Lawyer in America

The best lawyer in America in our opinion is David Boeis. For those of you who are old enough to remember the Recount saga of 2000's President Elections and Bush v. Gore would know the name. He is more famous however in the business world for his role on behalf of the US Department of Justice against Microsoft in the Microsoft anti-trust case.

Here is an excerpt from an interview from Wired about the Napster case in which he represented Napster.

The first issue is: Are Napster's users engaged in copyright infringement? If they are not, that's the end of the matter, because nobody alleges that Napster directly infringes any copyright. Napster's only alleged liability is for contributory or vicarious infringement. You cannot have contributory or vicarious infringement without having some underlying infringement. So when Napster's users engage in noncommercial sharing of music - noncommercial copying of music - is that activity copyright infringement?

Sample Will and Testament

This document is a very basic template of a will. Consult a lawyer to prepare a proper will.

1. This is my last Will and Testament, all other Wills and Testaments of mine stand cancelled.

2. I appoint [         ] as my executrix and executors and also my trustees.

3. All shares, stocks & securities and current accounts now standing in the name of my [                                ]are [              ]

4. I now hereby bequeath [ REAL PROPERTY  ]  as it stands absolutely and he/she can dispose of it in any manner she pleases by will, deed or otherwise.

5. I also direct my executors to pay [            ] over [         ]


6. I direct my executors to pay the following by way of gifts to the institutions/charities mentioned below:

7. Subject to above, all my residuary estate including the corpus that may fall after the lapse of life interests or otherwise to be [              ]

Sd/______________

Attesting witnesses

You may also contact YLH&Co for a Will and Testament especially if you are unwilling to dole out heavy amounts to your Lawyers or Solicitors in the US or UK.

 

Is Pakistan like 16th Century England?

Is Pakistan like 16th Century England. I endeavoured to answer this question in my latest article in Daily Times. I think there is hope still for Pakistan because our social and material conditions are very similar to Europe during reformation, especially England. There have been monumental changes made that will take their effect in good time.

The coming elections will be decisive in the sense that they would determine whether Pakistanis are willing to allow democracy to work or not. In the opinion of this writer, it is very important for democracy, Pakistan and Pakistan People’s Party itself that the PPP loses the next election — which it seems poised to do — so that people get to vote out an unpopular government and the PPP goes back to the drawing board to reinvent itself as a true people’s party. Such a defeat will be a reminder to whoever is in the saddle next that there is no mightier sword than the sword of public opinion that the people have forged in this country primarily through their own effort and their faith in democracy.

Things you need to tell your lawyer when preparing a will

By Yasser Latif Hamdani

Following documents and lists are required for the will:

a. A complete list of all your assets, including bank accounts, securities, bonds, business ownership, money owed to you as well as your valuable personal effects such jewelry, furs, art objects and the like.

b. An itemization of your real estate together with its value and any joint ownership.

c. A list of your obligations i.e. mortgages, loans etc.

d. Any inheritance your expect to receive before your death.

e. A statement of any instruments such as trusts and wills of others in which you have the power to appoint.

f. A statement of approximate income and general standard of living over the past few years.

g. Records of insurance of all kinds.

h. Family information, such as ages, state of health, adopted children, marital problems, family feuds etc. 

The Importance of Lawyer in your will

By Yasser Latif Hamdani

This pertains to US Law.

Writing a will is tricky business, fraught with pitfalls for the unwary and the untrained. To be certain that your will will stand up legally and that your property is disposed off according to your wishes, it is essential that you have an attorney draw up your will and testament.

A good lawyer will do far more than simply write your will, as if taking dictation with embellishmens. He will help you prepare an itemized and serialized list of your real and personal property and other assets so that you can determine what your worth is.  He will advise you about the legal requirements for disposal through will which you may not be aware of. He will explain the dangers of certain provisions which you may want to include. He will shape the will in a manner that takes advantage of the current estate for the greatest benefit to your family. He will shape the will in a manner that takes advantage of current estate tax provisions so that your estate will not find that because of oversights it has to pay more than the minimum amounts of taxes required.

US Law: Property you cannot dispose off in your will

By Yasser Latif Hamdani

(This information applies only to the US)

Through your will and testament you cannot dispose off the following:

1. Life Insurance Benefits

2. Pensions

3. US Government Savings Bonds

4. Jointly owned property with the right of survivorship.

5. Exempt property which by law go to your widow/widower and children.

6. Property you expect to inherit but do not inherit before your death.

7. Life tenancy for a house or an accommodation.

8. Income from a trust fund.


An exception to the rule governing the proceeds of a life insurance policy occurs when you name your estate as a beneficiary (one of the many reasons you ought to consult a real estate lawyer).

Adam Liptak - the Journalist-Lawyer

By Yasser Latif Hamdani

For those of you who scour the pages of the New York Times may be familiar with Adam Liptak. His reporting on US Law and the US Supreme Court is extraordinary. I came across an insightful interview on Scotusblog.com with Mr. Liptak which made me google him to check his credentials. For example I had no idea he was a lawyer in addition to being a law journalist.  Apparently the Journalist Lawyer is now a new sub-field in this profession. More and more newspapers want the reporting on law to be done by professional lawyers like Mr. Liptak.