How To Prepare For A Foreclosure

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For people out there who seem to find their fate to be destined on the way to foreclosure, you need to know how you should face it. There are a lot who would just sulk and wait for their property to be foreclosed. However, this is not the correct attitude in facing an Albany foreclosure. The following are the most appropriate measures to take in order to stop an Albany foreclosure or prepare you when facing Albany home foreclosure.

1. Know what you are dealing with. Instead of cowering and worrying, read things about Albany foreclosure and make sure that you get all the necessary things that you need to know to help you understand the foreclosure process. This will help you see where things are going and help you prepare yourself with what is to come.

2. Know the Albany foreclosure law. Part of knowing what you are dealing with is knowing the laws regarding home foreclosures in Albany. The reason why most people are scared with Albany foreclosures is because of the law problems entailed. However, by knowing the laws that concern foreclosures, you will also know how to face law problems if the need arise. Foreclosure laws in Albany are different from other places. Thus what may apply in some places may not apply in your quest to prevent Albany foreclosure.

3. Get real help from somebody reliable. If you think you cannot face foreclosure alone then you are right. You need somebody well-informed about the topic to help you get through. An Albany real estate agent, and a very dependable one, is a very good choice.

4. Calculate how much money is at stake. How much will you lose with your property? This is more than just the money you spent to buy that property. This also includes the effort, time, memories, among others that you have in that memory. The other important question is, “How much are you willing to spend to retain it?”

5. If after calculating, your money is still enough, look for dependable financing. The next question after, “How much money you are willing to spend to retain your property?” should concern the amount of money you have to sustain the price you have to pay. If it is not enough then go for a financing that does not pose any problems to you in the future. Usually, if one finds out that they would have to borrow more than they could pay just to keep the property being foreclosed, and that borrowing money from any financing aid will just give more problems afterwards, some people just back out from fighting their foreclosure problems and just opt to find new Albany property for sale.

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Agriculture in India: Issues and Challenges

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AGRICULTURE IN INDIA: ISSUES AND CHALLENGES
– Ramaiah Bheenaveni
– Dept. of Sociology,
– Osmania University,
– Hyderabad – 07.

“Agriculture is the backbone of the Indian Economy”- said Mahatma Gandhi five decades ago. Even today, as we enter the new millennium, the situation is still the same, with almost the entire economy being sustained by agriculture, which is the mainstay of the villages. Not only the economy, but also every one of us looks up to agriculture for our sustenance too.
Significance of Agriculture:
Although agriculture contributes only 21% of India’s GDP, its importance in the country’s economic, social, and political fabric goes well beyond this indicator. The rural areas are still home to some 72 percent of the India’s 1.1 billion people, a large number of whom are poor. Most of the rural poor depend on rain-fed agriculture and fragile forests for their livelihoods.
The sharp rise in foodgrain production during India’s Green Revolution of the 1970s enabled the country to achieve self-sufficiency in foodgrains and stave off the threat of famine. Agricultural intensification in the 1970s to 1980s saw an increased demand for rural labor that raised rural wages and, together with declining food prices, reduced rural poverty.
Sustained, although much slower, agricultural growth in the 1990s reduced rural poverty to 26.3 percent by 1999/00. Since then, however, the slowdown in agricultural growth has become a major cause for concern. India’s rice yields are one-third of China’s and about half of those in Vietnam and Indonesia. With the exception of sugarcane, potato and tea, the same is true for most other agricultural commodities.
The Government of India places high priority on reducing poverty by raising agricultural productivity. However, bold action from policymakers will be required to shift away from the existing subsidy-based regime that is no longer sustainable, to build a solid foundation for a highly productive, internationally competitive, and diversified agricultural sector.
Issues and Challenges
It is here the challenge arises considering the implementation of the technology at various levels in the Global community. The need of the hour is not application of the technology but the adoption of appropriate technology, which would suit the particular level of the global community. In India, the farming practices are too haphazard and non-scientific and hence need some forethought before implementing any new technology.
Applications of agricultural inputs at uniform rates across the field without due regard to in-field variations in soil fertility and crop conditions does not yield desirable results in terms of crop yield. The management of in-field variability in soil fertility and crop conditions for improving the crop production and minimizing the environmental impact is the crux of precision farming.
Thus, the information on spatial variability in soil fertility status and crop conditions is a pre-requisite for adoption of precision farming. Space technology including global positioning system (GPS) and GIS holds good promise in deriving information on soil attributes and crop yield, and allows monitoring seasonally- variable soil and crop characteristics, namely soil moisture, crop-phenology, growth, evapotranspiration, nutrient deficiency, crop disease, and weed and insect infestation, which, in turn, help in optimizing inputs and maximizing crop yield and income. Though widely adopted in developed countries, the adoption of precision farming in India is yet to take a firm ground primarily due to its unique pattern of land holdings, poor infrastructure, lack of farmers’ inclination to take risk, socio-economic and demographic conditions.
Factors Contribution to Decline of Agriculture:
Slow Down in Agricultural and Rural Non-Farm Growth: Both the poorest as well as the more prosperous ‘Green Revolution’ states of Punjab, Haryana, Andhra Pradesh and Uttar Pradesh have recently witnessed a slow-down in agricultural growth and it ultimately lead for farmer’s suicide. Some of the factors hampering the revival of growth are:
• Poor composition of public expenditures: Public spending on agricultural subsidies is crowding out productivity-enhancing investments such as agricultural research and extension, as well as investments in rural infrastructure, and the health and education of the rural people. In 1999/2000, agricultural subsidies amounted to 3 percent of GDP and were over 7 times the public investments in the sector.
• Over-regulation of domestic agricultural trade: While economic and trade reforms in the 1990s helped to improve the incentive framework, over-regulation of domestic trade has increased costs, price risks and uncertainty, undermining the sector’s competitiveness.
• Government interventions in labor, land, and credit markets: More rapid growth of the rural non-farm sector is constrained by government interventions in factor markets — labor, land, and credit — and in output markets, such as the small-scale reservation of enterprises.
• Inadequate infrastructure and services in rural areas. Infrastructure is also a significant factor in the process of development but country like our rural Bharat has not posses the infrastructure such as roads, electricity, fertilizer and pesticides availability which caused the vulnerable damage to the growth of agriculture.
Weak Framework for Sustainable Water Management and Irrigation:
 Inequitable allocation of water: Many states lack the incentives, policy, regulatory, and institutional framework for the efficient, sustainable, and equitable allocation of water.
 Deteriorating irrigation infrastructure: Public spending in irrigation is spread over many uncompleted projects. In addition, existing infrastructure has rapidly deteriorated as operations and maintenance is given lower priority.
Inadequate Access to Land and Finance:
 Stringent land regulations discourage rural investments: While land distribution has become less skewed, land policy and regulations to increase security of tenure (including restrictions or bans on renting land or converting it to other uses) have had the unintended effect of reducing access by the landless and discouraging rural investments.
Computerization of land records has brought to light institutional weaknesses: State government initiatives to computerize land records have reduced transaction costs and increased transparency, but also brought to light institutional weaknesses.
Rural poor have little access to credit: While India has a wide network of rural finance institutions, many of the rural poor remain excluded, due to inefficiencies in the formal finance institutions, the weak regulatory framework, high transaction costs, and risks associated with lending to agriculture.
Weak Natural Resources Management: One quarter of India’s population depends on forests for at least part of their livelihoods.
A purely conservation approach to forests is ineffective: Experience in India shows that a purely conservation approach to natural resources management does not work effectively and does little to reduce poverty.
Weak resource rights for forest communities: The forest sector is also faced with weak resource rights and economic incentives for communities, an inefficient legal framework and participatory management, and poor access to markets.
Weak delivery of basic services in rural areas:
Low bureaucratic accountability and inefficient use of public funds: Despite large expenditures in rural development, a highly centralized bureaucracy with low accountability and inefficient use of public funds limit their impact on poverty. In 1992, India amended its Constitution to create three tiers of democratically elected rural local governments bringing governance down to the villages. However, the transfer of authority, funds, and functionaries to these local bodies is progressing slowly, in part due to political vested interests. The poor are not empowered to contribute to shaping public programs or to hold local governments accountable.
Measures Needed Areas:
1. Enhancing agricultural productivity, competitiveness, and rural growth
Enhancing productivity: Creating a more productive, internationally competitive and diversified agricultural sector would require a shift in public expenditures away from subsidies towards productivity enhancing investments. Second it will require removing the restrictions on domestic private trade to improve the investment climate and meet expanding market opportunities. Third, the agricultural research and extension systems need to be strengthened to improve access to productivity enhancing technologies. The diverse conditions across India suggest the importance of regionally differentiated strategies, with a strong focus on the lagging states.
Improving Water Resource and Irrigation/Drainage Management: Increase in multi-sectoral competition for water highlights the need to formulate water policies and unbundle water resources management from irrigation service delivery. Other key priorities include: (i) modernizing Irrigation and Drainage Departments to integrate the participation of farmers and other agencies in irrigation management; (ii) improving cost recovery; (iii) rationalizing public expenditures, with priority to completing schemes with the highest returns; and (iv) allocating sufficient resources for operations and maintenance for the sustainability of investments.
Strengthening rural non-farm sector growth: Rising incomes are fueling demand for higher-value fresh and processed agricultural products in domestic markets and globally, which open new opportunities for agricultural diversification to higher value products (e.g. horticulture, livestock), agro-processing and related services. The government needs to shift its role from direct intervention and overregulation to creating the enabling environment for private sector participation and competition for agribusiness and more broadly, the rural non-farm sector growth. Improving the rural investment climate includes removing trade controls, rationalizing labor regulations and the tax regime (i.e. adoption of the value added tax system), and improving access to credit and key infrastructure (e.g. roads, electricity, ports, markets).
2. Improving access to assets and sustainable natural resource use
Balancing poverty reduction and conservation priorities: Finding win-win combinations for conservation and poverty reduction will be critical to sustainable natural resource management. This will involve addressing legal, policy and institutional constraints to devolving resource rights, and transferring responsibilities to local communities.

Improving access to land: States can build on the growing consensus to reform land policy, particularly land tenancy policy and land administration system. States that do not have tenancy restrictions can provide useful lessons in this regard. Over the longer term, a more holistic approach to land administration policies, regulations and institutions is necessary to ensure tenure security, reduce costs, and ensure fairness and sustainability of the system.

Improving access to rural finance: It would require improving the performance of regional rural banks and rural credit cooperatives by enhancing regulatory oversight, removing government control and ownership, and strengthening the legal framework for loan recovery and the use of land as collateral. It would also involve creating an enabling environment for the development of micro-finance institutions in rural areas.

3. Strengthening institutions for the poor and promoting rural livelihood
Promoting Community-Based Rural Development: State Government efforts in scaling up livelihood and community-driven development approaches will be critical to build social capital in the poorest areas as well as to expand savings mobilization, promote productive investments, income generating opportunities and sustainable natural resource management. Direct support to self-help groups, village committees, user’s associations, savings and loans groups and others can provide the initial ‘push’ to move organizations to higher level and access to new economic opportunities. Moreover, social mobilization and particularly the empowerment of women’s groups, through increased capacity for collective action will provide communities with greater “voice” and bargaining power in dealing with the private sector, markets and financial services.
Strengthening Accountability for Service Delivery: As decentralization efforts are pursued and local governments are given more prominence in the basic service delivery, the establishment of accountability mechanisms becomes critical. Local governments’ capacity to identify local priorities through participatory budgeting and planning needs to be strengthened. This, in turn, would improve the rural investment climate, facilitating the involvement of the private sector, creating employment opportunities and linkages between farm and non-form sectors

References:

1. Bottelier, Pieter What India (2007) : “Can Learn from China and Vice Versa”, China & World Economy, Volume 15, Number 3, May-June , pp. 52-69(18)

2. Schuh, G.E. (2002): Developing country interests in WTO agricultural policy. Political economy of international trade law: essays in honor of Robert E. Hudec / ed. by D.L.M. Kennedy and J.D. Southwick. Cambridge : Cambridge University Press, p. 435-449

3. David Rindos (1984) : “The Origins of Agriculture: An Evolutionary Perspective”
Academic Press,

4. Kulshreshtha, S. (1996): “Indian agriculture and GATT and WTO: Some Reflections – India and WTO” : Udhayam Offset, Madras

5. Aggarwal G.C (1995) : “Fertilizer and irrigation management for energy conservation in crop production” : Fuel and Energy Abstracts, Volume 36, Number 5, , pp. 383-383(1), Elsevier Publisher

6. Society of American Foresters (1997) Agriculture and Forestry in China; Journal of Forestry, Volume 15, Number 8 – 1 December , pp. 1014-1016(3)

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How Can We Achieve Unity, Coherence and Sentence Emphases in Technical Writing

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 It is essential to develop the ability to write effective paragraphs.Paragraph writing is a significant production skill, integrating both composing and organizing skills. In order to write an effective paragraph, a careful writing plan should be adapted to ensure proper length, unity, coherence, logical development and organization of ideas.

 There are four significant devices which may help to attain coherence, namely:

a) Pronouns

b)  Repetition

c)  Synonyms

d)  Connectives

a) Pronouns: A pronoun is used as a substitute for a noun which is its antecedent. This help in maintaining continuity of thought. For example: ‘he’, ‘they’, ‘she’, ‘we’, ‘you’, ‘and’, ‘it’ are all pronouns.

b) Repetition: Repetition of certain words also gives coherence to a graph. While using repetition the writer must be very careful because too much repetition may lead to monotony.

c) Synonyms: Synonyms are used in place of certain words, already used and have similar meaning. This includes variety and thus helps the writer to avoid monotony.

d) Connectives: The use of connective is another device which lends coherence to paragraph. These connectives, which occur at the beginning of a sentence, link it to the sentence that comes before. The connectives such as and, but, or, therefore, as a result and in short may be used.

In order to obtain unity of a paragraph the entire paragraph may be developed in certain ways. These are:

1. Inductive order

2. Deductive order

3. Question to answer order

4. Time order

5. Exposition

6. Comparison and contrast

7. Space order

Sentence emphasis refers to idiomatic stress in writing: It is essential to know how to place important words in the emphatic positions in a sentence in order to make your sentence effective. Some of the techniques of sentence emphasis include:

1) Placing the theme correctly

2) Using parallel construction

3) Using correct subordination

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Real And Personal Property

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Introduction

In legal term, property may be defined as something which an individual has expectations of drawing advantages from; the definition also covers that thing under consideration. Consequently, property is a combination of the issue of possession or ownership and the rights that ought to be protected by the country’s government. This definition is in contrast to what lay persons define property as; they restrict it to something tangible. Other law dictionaries continue to add that property is the exclusive right of certain individuals to possess, dispose and to use that thing alongside the subject matter of the right; this may either be an object, benefit or prerogative.

Property is usually divided into two aspects; the first being the personal property and the second is real property. Real property is usually restricted to matter revolving around land or what is sometimes called ‘in rem’. On the other hand, personal property revolves around chattels or what may sometimes be defined as ‘in personam’. In modern law, property can be examined under a series of models.; the first one amongst these is property as  a fact. The second is property as a right and the third is property as a responsibility.

Legal issues

In the legal system, real and personal property ownership is governed by property law rights when considering the common law system. In the civil law legal system, there is a distinction between movable and immovable property. Real property is largely encompassed by immovable property while personal property is associated with movable property. Consequently, the rights associated with these types of property are entailed in property law. (Liuzzo & Bonnice, 2005)

In legal terms, the process of declaring that certain property belongs to an individual is not adequate enough to constitute property. Instead, this matter is usually all embracing when certain persons need to have their rights to chattels or land respected and enforced by the law. It is essential for one to acquire property legitimately in accordance to the law so as to seek its protection. This is usually acquired by possession of a title to that property.

There are a series of differences that arise when one considers the issue of personal versus real property. The most outstanding difference among them is with regard to immobility. Usually, real property can be considered immobile while personal property is mobile. This means that the rule governing the latter’s transference are radically different from those governing the former. Real property is usually divided into two types of categories. The first one amongst this is the corporeal hereditaments which refer to land or tangible real property. The second category is known as incorporeal hereditaments which refer to real property that may not be tangible. Consequently, this is what is known as the easement of way. (Barnes et al, 2008)

Possession in property law is instituted in order to eliminate social disorder. This is because when a person is in possession of certain property, then they have the right to take action against persons who may be interfering with their possession. This interference is only tolerated when the person causing it demonstrates that they have a superior right over that property.

Property possession can be changed through the process of transfer; in other words, transfer refers to disposition of that property. Usually, this occurs through gifts or sales and must encompass willing consent from the person initiating the transference. In other circumstances, it is possible for a person to obtain interests in certain properties by acquiring trust that was created for the benefit of that person in the event that the previous owner is deceased.

In certain scenarios, transference may occur from person to person without consent. This occurs when the person under consideration has committed an act that violates the other’s rights. For instance, when a person goes bankrupt or when a person is deceased prior to distributing their property (inestate). In other circumstances, the court of law may decide to take that property from the individual and this therefore creates an avenue for forfeiting one’s property rights.

In certain scenarios, real or personal property may have more than one interest. Usually, this is a result of miscalculation on the part of the title dispenser or this could be an unscrupulous act by an individual who wants to obtain property dishonesty. This means that these conflicting interests give rise to claims that are usually inconsistent with one another. In such circumstances, the law requires that the court should be involved in the matter. Here, the court has the mandate to decide the interests that carry the most weight or it has the mandate to rank these interests. Consequently, depending on the sphere of enforceability, certain interests may be lower or higher in hierarchy. (Katch, 2007)

Leases are also an important part of common-law because they are a means of protecting the rights of the tenants and landlords in the process of considering real property. Usually, leases can last for a short term or long term period depending on the specifications laid out by the affected parties. Consequently, this creates an avenue in which both parties can declare their right violations.

There are a series of rights that tenants are granted under common law and these include

  • The right to determine how to use real property
  • The right to exclude other persons from enjoying the property or land
  • Right to transfer all or part of a person’s rights upon mutual agreement
  • Right to determine consequences or nature of costs during transference
  • Etc

There are a series of legal issues that need to be covered when considering the issue of personal property. For instance, personal properties can be executed or relieved in case a property owner is a poor debtor. Chapter 528, Sections one through to ten govern the levying of personal property. Consequently, any person who contravenes these laws during the process may be deemed as acting illegally. In the event that a person is a poor debtor, his or her personal items may be taken by the creditor for auctioning. Usually, the auction must be advertised over a period of four days and the notices must be placed in a very public place. Upon expiration of the period of notice, the personal property may be sold at an auction. It should be noted that if the creditor fails to make the public notice, then he will not be acting legally while auctioning the property. Also, if the property is sold prior to the four day expiration, then the person is also acting illegally. (Katch, 2007)

In relation to the issue of bad debt, the debtor can redeem his or her goods/ personal property prior to their sale if the debtor is able to pay the officer’s charging fees.

It s also the right of the debtor to obtain any balance that may arise from the auction from the sale of his real property if his creditor has covered all the executions that had been levied on the debtor. In close relation to this is the issue of officer’ fraud; if the person performing the executions has acted in a dishonest or fraudulent manner, then the officer is supposed to pay five times the amount of money he defrauded. Additionally, officers intending on auction personal property need to make notices of adjournment of sales if they intend on doing that in the first place. This may usually be done within a period of ten days. Those who fail to do so may be found liable to the court of law.

The latter issues also apply to personal property that is covered under any of the following;

  • Security interest
  • Lien
  • Pledge
  • Mortgage

However, the issue of shares as a form of personal property is governed by different levies. For instance, when an execution is to be conducted for shares, then a thirty day notice needs to be made of the sale. A person residing in another country needs to be notified by placing the notice in a newspaper within that country of residence. Persons who choose to purchase the shares are entitled to share certificates which will grant them the rights associated with this form of personal property. In the event that the officer in charge of the sale of shares neglects to give a certificate or issue a false one, then he shall be considered liable to the creditor who has the right to obtain the entire sum associated with the debt. (Nolfi, 2008)

Aside from the issues of levies carried out on executions, there are a number of things that need to be considered when an individual is about to divorce. The issue of real or personal property during divorce can lead to a lot of conflict between the various parties under consideration.

With regard to personal property, there is a need for individuals to use the services of an appraiser. This person can go a long way in preventing many misunderstandings and disagreements in the court of law. It should be noted that property appraisers are quite different from home appraisers. Consequently, expert decisions are always favored over these non related ones. Additionally, the law requires that property appreciation or depreciation be considered after filing for divorce. In case property appreciates in value after filing for divorce, then both spouses are entitled to the benefits that come with it. This is usually the case when considering shares. However, in the event that the person who caused those appreciations was only one individual, then that person is entitled to benefit from the appreciation of that property. Usually, a series of personal properties may be considered during the process of divorce. Some of them include pensions, vehicles, trademarks among others. There area also a series of real property that need to be appraised and distributed during this process and they may include land, a home, businesses owned among other things.

It should be noted that divorce appraisal are not necessary when there is a prenuptial agreement because the latter document usually specifies some of the details that may arise in the event of a divorce. Appraisals are also excluded when the property under consideration was a gift, or a purchase that was made prior to the marriage.

Personal property may be divided equally among spouses when that property was acquired before the marriage but it increased in value after the marriage as a direct consequence of the efforts made by the two parties. Legally speaking, the only aspect that will be considered will be the added value that will be divided amongst the spouses. Otherwise, the original property will be given to the original owner individual alone. (Barnes et al, 2008)

The second category of personal properties that can be divided during divorce is property that had been acquired during the marriage jointly by both parties. Usually these encompass a series of objects that vary from china, motor homes, collectables, animals, furniture, pensions, automobiles and retirement plans. It should be noted that all this property need to be appraised by a qualified individual who may fall under any of the following professions

  • Auctioneers
  • Business brokers
  • Bankers
  • Financial advisers
  • CPA

However, all these appraisers need to have sat for USPAPA tests and they need  comply with the set laws on appraisals prior to giving evidence as qualified appraisers in the court of law.

Ethical issues

Aside from the legal issues, there are certain scenarios in which ethical aspects may come into play. This usually occurs when the persons under consideration are acting in accordance with the law but they are taking part in an act that has dishonest or unfair intent. Taking the case of a fictitious person named Timothy McNamara. McNamara was a hardworking and honest individual at work. However, he often used to engage in whistle blowing activities when he witnessed unethical behavior in the workplace. In response to this, one of his workers decided to use the color of law to institute revenge. He made some statements that caused the court to withdraw McNamara’s property and also this incident resulted in the loss of his job. Consequently, the issue can be regarded as unethical on the part of the employers who collaborated with the aggressor to oust John from his workplace. This is because they did not bother giving McNamara the time of day that he deserved in investigating his situation. Consequently, these employers may be regarded as unethical. (Nolfi, 2008)

There are certain acts that can be regarded as unethical during a divorce. For instance, if a person poses certain valuable items during their marriage and the person chooses to take those personal properties to another location where they can ensure their safety, then a series of ethical issues may crop up. For instance, it would be ethical to inform one’s spouse about these properties because if the issue of divorce arises, then it is likely that that person may try to use the issue of concealment from him or her as a fact that works against the accused.

When going about how to treat property cases, it essential for lawyers to inform their clients about the various types of laws that are applicable and how those could benefit or hamper the case under consideration. Hiding these truths form the client can be considered unethical by the presiding attorney. For instance, in divorce cases, it is necessary for lawyers to tell their clients about collaborative law. Through this option, it is possible for the affected parties to negotiate their way out of their disagreement.

In any cases involving real or personal property, it is essential for lawyers to disclose all the rights of the client before beginning the case. This is because failure to do so would create a situation in which the lawyer may stand to benefit from his client’s loss. Clients should be made to understand all the legal actions or alternatives that they can pursue with regard to personal or real property cases. For instance, some parties may decide to settle outside court. On the other hand, others may opt to meet in court. Consequently, lawyers need to lay out all the details concerning a certain case so as to empower their clients to pursue the right course of action. By doing this, they will eliminate any potential conflict of interest and will also go a long way in enhancing trust between the lawyer and his client and will also eliminate any potential damage of character. (Barnes et al, 2008)

Many legal representatives are usually so enthusiastic about dealing with a certain case that they fail to clarify to the client what the potential downsides of their actions could be. By giving a client only one course of action and not reviewing the disadvantages of that method, then lawyers will be creating a situation in which the rights of the clients are not fully outlined and this may be deemed unethical. For instance, if a client is interested in claiming a piece of land that was part of their family property, then it would be unethical on the part of the legal representative to hide some disadvantages of the court process. For instance, the legal representative could inform the client that there may be some facts that are relevant to the case and may not be discovered until after the case. Additionally, a situation may arise in which the affected persons are compelled to give certain types of evidence. In other circumstances, a client making claims to certain real property may issue restraining orders to his or her adversary. By doing this, the individual may be creating a scenario in which there may not be unilateral disposition of the property. Additionally, if there are joint decisions to be made by those parties, then the restraining order will prevent such occurrence. If a lawyer does not explain these disadvantages before hand, then they will be placing their clients in vulnerable positions that eventually destroy their overall credibility.

In any property case, there may be a need to hire certain experts to add validity to the case. It is essential for property lawyers to examine the background of their respective experts prior to submission of their case in court. This goes a long way in providing the client with the best representation possible. When attorneys merely settle for any professionals without doing a thorough background check, then they may not be placing their clients best interests at heart and this is something unethical. (Nolfi, 2008)

It should be noted that informing property right clients about all their rights may not necessarily prevent them from making wrong decisions, however, this usually assists in the process of protecting the attorney from accusation of overselling a certain legal process to the client. Consequently, the attorney seals any loop holes where unethical claims could arise.

In certain circumstances, person who wants to settle property cases may choose a series of avenues to settle their respective cases. Some of them may choose to hire two lawyers for the job of one. Usually, this may be okay if the client is merely trying to get a second opinion. However, if the client is trying to utilize one lawyer to benefit unfairly, then it is unethical on the part of the client. A good example of such a case is when a couple is about to divorce and there are disputes on how to divide their property. If one of the spouses chooses to hire the services of a collaborative lawyer to deal with the property issues, then this should be the only path chosen. However, if he or she decides to get another lawyer outside collaborative law to engage in a litigation process, then that client will be acting unethically. This is because the very nature of collaborative law requires that individuals using it must be committed to the process and must not try to obtain undue advantage over one another. It would also be unethical for any of the representing lawyers to continue with the case upon finding out that their client is trying to manipulate the system in such a manner.

In the event that a person is making claims about certain properties and they dispense confidential information to their legal representative, then it is the duty of the latter party to protect this confidential information. Otherwise, dispensing it to secondary parties may be regarded as unethical. This is because legal representatives have the duty to remain faithful to their respective clients even when circumstances seem to be against them.

In the same manner, some clients may choose not give information about certain issues surrounding the contested property. It would be unethical for a certain legal representative to accept matters as they are without informing the client about the losses of withholding information from them. The person contesting for any type of property needs to be aware of the fact that the court may order them to dispense certain pieces of information. If they had not been informed about it by their legal representatives in the first place, then chances are that they will be at a disadvantage and the lawyer may have acted in an unethical manner. (Nolfi, 2008)

Conclusion

The essay has examined the issue of personal and real property with an identification of the distinct differences. Additionally, the paper has looked at two major legal issues surrounding real and personal property; these are divorce and levies. Levies on debtors are governed by the constitution and usually address the officer’s obligations to the debtor. With regard to the issue of divorce, it is essential for disputing parties to do property appraisals.

Some of the ethical issues that may arise in real or personal property issues include things such as falling to inform clients about all their rights and communication issues.

Reference

Liuzzo, A. & Bonnice, J. (2005): Essentials of Business law; Mc GrawHill Publishers

Nolfi, E. (2008): Legal Terminology explained; Rout ledge, p 34-45

Barnes, J., Dworkin, T., Richards, E. (2008): Law for Business; Harvard University press

Katch., E. (2007): Clashing views on Legal Issues-Taking sides; Routeldge

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