Choosing the right divorce attorney may have a huge long-term impact when it comes to coping with divorce, as financial stress may be lessened if you receive sound divorce advice. Therefore, hiring a competent professional attorney can mean the difference between a low-cost divorce and drawn-out divorce proceedings that seem to have no end in sight.
In fact, throughout the process toward a divorce settlement, your lawyer should be your best source of divorce information. He or she will consult with you about the rights of your child, whether or not you will be entitled to receive alimony, division of assets and liabilities, and so much more. Your attorney will explain everything you need to know about how to get a divorce.
If you are a wife with a particularly sensitive situation and are in need of the best divorce help, seek out an attorney who is familiar the issues dealing with women and divorce. Alternately, if you are the husband in the divorce case and you are worried that you may be taken advantage of, do your best to find an attorney who specializes in divorce for men.
Selecting a lawyer or attorney to represent you in a divorce case may be the most important divorce decision you will make. If you receive outstanding divorce support from your lawyer, it may end up being an easy divorce. Surely, you are looking forward to living life after divorce. The right attorney will help you get there the fastest while saving the most money!
About the Author
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
Monday, May 21, 2007
Advice Choosing a Bankruptcy Lawyer
1. First and foremost, ask yourself, “Do I even need a bankruptcy lawyer to file my case?” If your case is fairly straightforward, then chances are you can get a bankruptcy petition preparer to file your case for much less than the cost of hiring a lawyer. Despite popular conception, bankruptcy law is not very complicated, so hiring an expert most of the times does not make sense. The real question then becomes, “How complicated is my case?” In short, if a) you have 100 percent unsecured debt (credit cards, medical bills, personal loans, repossessions, etc.); b) you’re unemployed with no assets (car, home, brokerage accounts, etc.) and c) you did not accumulate the debt very recently or in any way that can be construed as fraudulent (i.e. buying a big screen TV on a credit card a month before you filed) then you may not need a bankruptcy lawyer to file your case.
2. If your case is more complicated, then will you receive the sort of personal attention that you deserve in order to have your case properly handled? A lot of bankruptcy firms are devoted to basic filings, and you will receive little to no attention from your actual lawyer. With this much at stake, it’s important that you deal directly with a professional that is an expert in bankruptcy law.
3. Get a referral. If you know someone who has filed bankruptcy, don’t be afraid to ask them whether they felt their lawyer handled their case well. If you don’t know anyone who has filed bankruptcy before, then call a law firm outside of your area and ask for a referral from them.
4. Shop around. Most bankruptcy lawyers will at least offer a free initial consultation. Find a lawyer that you feel comfortable discussing your personal matters with and who offers a competitive rate for their fees. Remember not to compromise quality and experience just because a bankruptcy lawyer offers lower fees, however. Contact your state’s Attorney General office for a suggested list of bankruptcy lawyers in your area.
About the Author
Robert Zangrilli is the CEO of Franklin Debt Relief. FDR's "New Deal" program is a leading bankruptcy alternative for consumers with overwhelming consumer debt. Visit Franklin Debt Relief's website for tips on how to avoid bankruptcy.
2. If your case is more complicated, then will you receive the sort of personal attention that you deserve in order to have your case properly handled? A lot of bankruptcy firms are devoted to basic filings, and you will receive little to no attention from your actual lawyer. With this much at stake, it’s important that you deal directly with a professional that is an expert in bankruptcy law.
3. Get a referral. If you know someone who has filed bankruptcy, don’t be afraid to ask them whether they felt their lawyer handled their case well. If you don’t know anyone who has filed bankruptcy before, then call a law firm outside of your area and ask for a referral from them.
4. Shop around. Most bankruptcy lawyers will at least offer a free initial consultation. Find a lawyer that you feel comfortable discussing your personal matters with and who offers a competitive rate for their fees. Remember not to compromise quality and experience just because a bankruptcy lawyer offers lower fees, however. Contact your state’s Attorney General office for a suggested list of bankruptcy lawyers in your area.
About the Author
Robert Zangrilli is the CEO of Franklin Debt Relief. FDR's "New Deal" program is a leading bankruptcy alternative for consumers with overwhelming consumer debt. Visit Franklin Debt Relief's website for tips on how to avoid bankruptcy.
6 Possibilities to Solve Client-Lawyer Fee Disputes
The most common dispute between lawyers and clients is that of fees. Somehow money becomes a bone of contention and things do get nasty with both parties refusing to budge an inch.
When hiring a lawyer you need to be bold enough to ask for “fee” terms and conditions to be written down in the contract. To prevent being overcharged you need to know how lawyers compute their fees and insist on itemized billing on a weekly/monthly basis. Never wait until the completion of the case.
On your part keep a log book in which you record: advances given to lawyer; meetings held along with duration; phone calls made, note down how many minutes; court appearances and so on. The more detailed the record maintained by you the better.
Check all bills submitted by the lawyer carefully and do not hesitate to ask about any discrepancies that come to your attention.
When you are disturbed by the bill or are convinced there is something amiss you must try and settle the fee dispute by:
1. Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.
2. Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up. See, http://www.ncsc.dni.us/KMO/Topics/ADR/Resources/attorneyfees.html . The board has been set up to save the time of small claims, district, and superior courts.
3. Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.
4. Get another lawyer or lawyer’s office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.
5. File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.
6. File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails.
To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structure.
About the Author
Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. His article profile can be found at the premier Article Submission Directory http://www.1888articles.com
When hiring a lawyer you need to be bold enough to ask for “fee” terms and conditions to be written down in the contract. To prevent being overcharged you need to know how lawyers compute their fees and insist on itemized billing on a weekly/monthly basis. Never wait until the completion of the case.
On your part keep a log book in which you record: advances given to lawyer; meetings held along with duration; phone calls made, note down how many minutes; court appearances and so on. The more detailed the record maintained by you the better.
Check all bills submitted by the lawyer carefully and do not hesitate to ask about any discrepancies that come to your attention.
When you are disturbed by the bill or are convinced there is something amiss you must try and settle the fee dispute by:
1. Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.
2. Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up. See, http://www.ncsc.dni.us/KMO/Topics/ADR/Resources/attorneyfees.html . The board has been set up to save the time of small claims, district, and superior courts.
3. Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.
4. Get another lawyer or lawyer’s office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.
5. File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.
6. File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails.
To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structure.
About the Author
Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. His article profile can be found at the premier Article Submission Directory http://www.1888articles.com
Help me understand Disability Law
The Basics of Disability Law. The American Disabilities Act (ADA) was passed in July 26, 1990 to help eliminate discrimination against people with disabilities.
Employment under Disability Law. The ADA guarantees that both private and public employers may not discriminate based disabilities or being related to someone with disabilities. The employer is not allowed to discriminate in any part of the employment process, including:
* Job Applications or Interviews
* Tests required to be eligible for the Job
* Being hired, fired, or promoted.
* Job assignments or Evaluations
Public Accommodations. The ADA guarantees that any public accommodation must be accessible by disabled people. Accessible is defined as having wheelchair ramps, handrails, disability parking, disability equipped bathrooms, widened doors or hallways, installed listening devices or brail, working visual fire alarms, and any other necessary equipment to the public accommodation accessible to a disabled person. Such accommodations include:
* Sidewalks
* Restrooms
* Restaurants
* Stores
* Office buildings
* Movie theaters
* Hotels
* Doctors' and lawyers’ offices
* Pharmacies
* Museums
* Parks
* Supermarkets
* Shopping malls
* Health clubs
* Cruise lines
* Private schools and day-care centers
* Government buildings, such as Post offices, courts, Libraries, etc.
* Phone companies must offer telephone relay services.
What about old buildings? Old buildings must remove physical barriers that may injure disabled people or make the building inaccessible, and then make the building accessible to the disabled person. However, some barriers are unchangeable, and removing the barrier may be impossible or very expensive. In such a case, the building must protect a disabled person from being injured in this area. For example, a ceiling may be too low, and, to fix the ceiling, the entire building may have to be raised. Raising the building is unreasonable, and this situation may call for protective padding on the ceiling so a blind person may not hit his or her head.
Transportation. The ADA requires that, in the future, all forms of transportation must be accessible and convenient for disabled people.
* Airplanes. Under the Air Carrier Access Act of 1986 requires that airlines provide transportation to disabled people without advanced notice of the disability. However, Airlines are allowed to require a 48 hour notice for special disability services, such as 10 or more disabled people traveling in a group. Also, Airlines may not force people with hearing disorders to have an attendant with them at all times, unless their hearing is such that they would be unable to evacuate on their own.
* Buses. Bus stations, new and old must be accessible to the disabled; however, for an old bus station, renovating for disabled people must be financially possible. Since 1990, all new buses have had to offer service to disabled people, and, since 1996, all new privately owned freeway busses must also be accessible by disabled people. If a disabled person cannot reach a fixed bus route, the public bus system must provide the disabled person access to the bus route, unless, of course, this is financially impossible.
* Trains. Train stations must follow the same rules as bus stations. As with Busses, new rail cars must be accessible to disabled people; however, old rail cars must have at least one accessible rail car for disabled people in the entire train.
* Basically all public forms of transportation must:
o Be accessible to the disabled.
o Have equal prices for all travelers.
o Allow disabled people to travel without attendants, unless the disabled person would be unable to evacuate himself or herself during an emergency.
o Not discriminate against any traveler in such a way to cause the traveler to stop using the service.
Housing. The Federal Department of Housing and Urban Development has passed laws to help enforce ADA’s mandate that discrimination for housing because of disabilities is not allowed.
* Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), prohibits refusal of sale, rental, financing (such as mortgages), and other house related transactions based on traits that a person cannot change, such as race, color, national origin, religion, sex, or disability.
Should I file a disability case? Cases under disability law are also described as civil rights law. If you would like to find out more about how to file a case and if you should, please continue to the civil rights page.
http://www.helpmefinda.org/display.cfm/seqnumber_content/61.htm
Employment under Disability Law. The ADA guarantees that both private and public employers may not discriminate based disabilities or being related to someone with disabilities. The employer is not allowed to discriminate in any part of the employment process, including:
* Job Applications or Interviews
* Tests required to be eligible for the Job
* Being hired, fired, or promoted.
* Job assignments or Evaluations
Public Accommodations. The ADA guarantees that any public accommodation must be accessible by disabled people. Accessible is defined as having wheelchair ramps, handrails, disability parking, disability equipped bathrooms, widened doors or hallways, installed listening devices or brail, working visual fire alarms, and any other necessary equipment to the public accommodation accessible to a disabled person. Such accommodations include:
* Sidewalks
* Restrooms
* Restaurants
* Stores
* Office buildings
* Movie theaters
* Hotels
* Doctors' and lawyers’ offices
* Pharmacies
* Museums
* Parks
* Supermarkets
* Shopping malls
* Health clubs
* Cruise lines
* Private schools and day-care centers
* Government buildings, such as Post offices, courts, Libraries, etc.
* Phone companies must offer telephone relay services.
What about old buildings? Old buildings must remove physical barriers that may injure disabled people or make the building inaccessible, and then make the building accessible to the disabled person. However, some barriers are unchangeable, and removing the barrier may be impossible or very expensive. In such a case, the building must protect a disabled person from being injured in this area. For example, a ceiling may be too low, and, to fix the ceiling, the entire building may have to be raised. Raising the building is unreasonable, and this situation may call for protective padding on the ceiling so a blind person may not hit his or her head.
Transportation. The ADA requires that, in the future, all forms of transportation must be accessible and convenient for disabled people.
* Airplanes. Under the Air Carrier Access Act of 1986 requires that airlines provide transportation to disabled people without advanced notice of the disability. However, Airlines are allowed to require a 48 hour notice for special disability services, such as 10 or more disabled people traveling in a group. Also, Airlines may not force people with hearing disorders to have an attendant with them at all times, unless their hearing is such that they would be unable to evacuate on their own.
* Buses. Bus stations, new and old must be accessible to the disabled; however, for an old bus station, renovating for disabled people must be financially possible. Since 1990, all new buses have had to offer service to disabled people, and, since 1996, all new privately owned freeway busses must also be accessible by disabled people. If a disabled person cannot reach a fixed bus route, the public bus system must provide the disabled person access to the bus route, unless, of course, this is financially impossible.
* Trains. Train stations must follow the same rules as bus stations. As with Busses, new rail cars must be accessible to disabled people; however, old rail cars must have at least one accessible rail car for disabled people in the entire train.
* Basically all public forms of transportation must:
o Be accessible to the disabled.
o Have equal prices for all travelers.
o Allow disabled people to travel without attendants, unless the disabled person would be unable to evacuate himself or herself during an emergency.
o Not discriminate against any traveler in such a way to cause the traveler to stop using the service.
Housing. The Federal Department of Housing and Urban Development has passed laws to help enforce ADA’s mandate that discrimination for housing because of disabilities is not allowed.
* Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), prohibits refusal of sale, rental, financing (such as mortgages), and other house related transactions based on traits that a person cannot change, such as race, color, national origin, religion, sex, or disability.
Should I file a disability case? Cases under disability law are also described as civil rights law. If you would like to find out more about how to file a case and if you should, please continue to the civil rights page.
http://www.helpmefinda.org/display.cfm/seqnumber_content/61.htm
Personal injury, know your rights!
Steps to follow after you have been injured or hurt by someone else, there are several steps you should follow to insure that your injury claim will be settled quickly.
Write down everything you remember about the accident. Make a chronological list of the events leading up to the accident. Include the names, addresses, and phone numbers of all the people involved (who did you harm, possible witness, police officers, or insurance representatives. If the injury was work related include the company and/or worker’s compensation representatives.
1. Make sure that you preserve any evidence that may prove your case, such as photos of your car, accident scene, personal injuries, clothing worn during the accident, items damaged in the accident, etc.
2. Make sure you notify anyone you intend to file a claim against as quickly as possible.
3. Follow the steps listed on this site to help you find a personal injury lawyer. Make sure you consult with this lawyer before you make any verbal or written statements to insurance company adjusters or representatives.
Help me understand who is at fault. It is important to understand that each state has different laws on how you may be tried during your case, and you should make sure you understand the laws in your state after talking to your lawyer.
However, most states follow the same basic ideas of breach of warranty, negligence, strict liability, and joint and several liability.
Breach of warranty happens when a business or person promises to protect users against damages or injuries caused by defective products. There are two types of warranties: implied and expressed warranties. An express warranty is a warranty that was explicitly supplied by a manufacturer or seller. Usually, express warranties are oral or written expressions of fact or promise about a product. Implied warranties promise that a product will be fit and safe for its intended purpose. For example, in a Asbestos or Mesothelioma case, an implied warranty may be applicable if the plantiff was in contact with an item containing Asbestos. The implied warranty of this item would claim that it should be fit and safe for use; however, Asbestos is not safe so it breaks the warranty.
Negligence. To be able to collect/settle on your case, you need to be able to prove that the person who caused your injury was careless or negligent. In order to prove this you must prove:
* that the person who injured you had the responsibility of not injuring you, but broke that responsibility. For example, drivers have the responsibility of always being able to stop before hitting the driver in front of them. If they hit the drive in front of them, they are breaking that responsibility.
* that because the person broke his or her responsibility, it caused your injury.
* that you incurred injuries, physical or mental.
However, if you were also careless and you caused more than 50% of your injury, you will be unable to collect a claim from anyone else involved in the accident (this is commonly known as the contributory negligence law). If you were careless and you caused less than 50% of your injury, you will be able to collect a portion of a claim from anyone else involved in the accident (this is commonly known as the comparative negligence law).
Strict Liability is like Negligence except that it differs in two respects: first, the existence of responsibility is shown when there is a commercial supplier that manufactures or creates the product; second, the injured does not need to prove that the breach of responsibility was caused by a negligent action. Just by putting the product on the market, the supplier broke its responsibility. For an Asbestos or Mesothelioma case, proving that Asbestos caused the injury is usually the hardest part. In order to prove the case, the plaintiff must prove that the item containing Asbestos is able to cause the Asbestos related injury, that the plaintiff was in contact with enough Asbestos to cause the Asbestos related injury, and that the plaintiff was not in contact with any other chemicals or substances that could have also caused the Asbestos related injury.
Joint and several liability. Many states require that anyone who was responsible for your injury or accident liable for paying the entire cost of fixing the injury or accident.If you were injured by a consumer item, please visit the consumer fraud section of this website.
How much can I collect?
In most states the prosecuted have to pay for:
* Past, current and future estimated medical expenses.
* Pay from missing work due to injury and time spent receiving medical help or therapy for this injury.
* The cost of replacing or repairing and damaged property.
* The cost of hiring someone to do household chores while you were injured.
* Any mental or physical anguish caused by a permanent disfigurement or disability.
* Any emotional distress caused by the injury, including but not limited to anxiety depression, or any problems arising from family relationships.
* And any other costs as a result of your injury, usually determined by the court or judge.
Remember, you only have 2 to 5 years, depending on state, to file your claim, so make up your mind quickly, but carefully.
http://www.helpmefinda.org/display.cfm/seqnumber_content/62.htm
Write down everything you remember about the accident. Make a chronological list of the events leading up to the accident. Include the names, addresses, and phone numbers of all the people involved (who did you harm, possible witness, police officers, or insurance representatives. If the injury was work related include the company and/or worker’s compensation representatives.
1. Make sure that you preserve any evidence that may prove your case, such as photos of your car, accident scene, personal injuries, clothing worn during the accident, items damaged in the accident, etc.
2. Make sure you notify anyone you intend to file a claim against as quickly as possible.
3. Follow the steps listed on this site to help you find a personal injury lawyer. Make sure you consult with this lawyer before you make any verbal or written statements to insurance company adjusters or representatives.
Help me understand who is at fault. It is important to understand that each state has different laws on how you may be tried during your case, and you should make sure you understand the laws in your state after talking to your lawyer.
However, most states follow the same basic ideas of breach of warranty, negligence, strict liability, and joint and several liability.
Breach of warranty happens when a business or person promises to protect users against damages or injuries caused by defective products. There are two types of warranties: implied and expressed warranties. An express warranty is a warranty that was explicitly supplied by a manufacturer or seller. Usually, express warranties are oral or written expressions of fact or promise about a product. Implied warranties promise that a product will be fit and safe for its intended purpose. For example, in a Asbestos or Mesothelioma case, an implied warranty may be applicable if the plantiff was in contact with an item containing Asbestos. The implied warranty of this item would claim that it should be fit and safe for use; however, Asbestos is not safe so it breaks the warranty.
Negligence. To be able to collect/settle on your case, you need to be able to prove that the person who caused your injury was careless or negligent. In order to prove this you must prove:
* that the person who injured you had the responsibility of not injuring you, but broke that responsibility. For example, drivers have the responsibility of always being able to stop before hitting the driver in front of them. If they hit the drive in front of them, they are breaking that responsibility.
* that because the person broke his or her responsibility, it caused your injury.
* that you incurred injuries, physical or mental.
However, if you were also careless and you caused more than 50% of your injury, you will be unable to collect a claim from anyone else involved in the accident (this is commonly known as the contributory negligence law). If you were careless and you caused less than 50% of your injury, you will be able to collect a portion of a claim from anyone else involved in the accident (this is commonly known as the comparative negligence law).
Strict Liability is like Negligence except that it differs in two respects: first, the existence of responsibility is shown when there is a commercial supplier that manufactures or creates the product; second, the injured does not need to prove that the breach of responsibility was caused by a negligent action. Just by putting the product on the market, the supplier broke its responsibility. For an Asbestos or Mesothelioma case, proving that Asbestos caused the injury is usually the hardest part. In order to prove the case, the plaintiff must prove that the item containing Asbestos is able to cause the Asbestos related injury, that the plaintiff was in contact with enough Asbestos to cause the Asbestos related injury, and that the plaintiff was not in contact with any other chemicals or substances that could have also caused the Asbestos related injury.
Joint and several liability. Many states require that anyone who was responsible for your injury or accident liable for paying the entire cost of fixing the injury or accident.If you were injured by a consumer item, please visit the consumer fraud section of this website.
How much can I collect?
In most states the prosecuted have to pay for:
* Past, current and future estimated medical expenses.
* Pay from missing work due to injury and time spent receiving medical help or therapy for this injury.
* The cost of replacing or repairing and damaged property.
* The cost of hiring someone to do household chores while you were injured.
* Any mental or physical anguish caused by a permanent disfigurement or disability.
* Any emotional distress caused by the injury, including but not limited to anxiety depression, or any problems arising from family relationships.
* And any other costs as a result of your injury, usually determined by the court or judge.
Remember, you only have 2 to 5 years, depending on state, to file your claim, so make up your mind quickly, but carefully.
http://www.helpmefinda.org/display.cfm/seqnumber_content/62.htm
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