When the motion picture Ghost Rider was released in the theaters, most people, especially those in their teens were mesmerized by the story and the movie's special effects. The overall packaging of the film was so enticing in fact that upon its release the motorcycle-selling business have reached maximum level of sales that even those with that consult special business analysts' predictions failed to foresee. These caused them to become unprepared for the rush of motorcycle buyers demand.
Unfortunately, in their desire to become a at least a little like the Ghost Rider, these buyers may have failed to stop and think of the dangerous effects and disadvantages that may result from the daredevil use of motorcycles. If you are one of them then hopefully, this article might enlighten you regarding important points in motorcycle driving.
Historically, motorcycles were invented using the bicycle for its model and enhancing it in such a way that it had become motor engine-operated. The significant advances in our technology brought about the development of the motorcycle.
Motorcycles are considered as one of the most dangerous type of transportation available. Not only because the motorcycle driver is exposed to elements when driving, but the control and balance of it while speeding depends much on the driver, too. Motorcycle drivers must be skillful enough to balance as he or she drives. He or she must also be attentive concerning the road conditions and the other vehicles that pass by him. Human skills are a major consideration concerning motorcycle driving.
We are all aware of the fact every one of us are prone to human errors. Unintentional mistakes and negligence are often the common fallibility of the people. There is always a possibility of encountering accidents in everything we do.
Driving a motorcycle entails skill and safety. We must be aware that aside from skill in handling the motorcycle, we must have the necessary safety gears for protection as much as we need them when riding other forms of transportation. When we are short of the necessary skills and safety gadgets in driving a motorcycle, then it is but reasonable to assume the danger that might befall us.
The actual act of riding a motorcycle may promote the idea of being in control, however, do not let this forget that you are vulnerable to accidents along the way. Riding a motorcycle in highways and streets alongside other vehicles, is a very compromising situation, already. If you are riding with someone, then more caution is needed because another life, aside from you might be jeopardize in case of mistakes along the way and negligence in maintaining the motorcycle.
Nevertheless, this is not to say that motorcycle riders and enthusiasts stop riding. The only important thing you need to keep in mind is that, motorcycles have been made in the first place to ease transport and not to increase one’s ego. Hence, while riding, whether on a narrow street or a wide highway, you must always be alert and attentive of everything, especially the motorcycle's condition. You must never be caught daydreaming of riding like the Ghost Rider and stop concentrating on making your every motorcycle ride safe and sound.
http://www.articlebliss.com/Article/And-You-Think-Being-a-Ghost-Rider-Is-Fun/126908
Thursday, September 13, 2007
Chartered Plane Rides
If convenience in air travel is what you are looking for, then what better way to go about your trip than by chartering a private jet to take you places? Aside from the obvious fact that you have the plane for yourself, you can also do away with problems concerning security and the inconvenience of dealing with other people you would prefer not to encounter.
If you think about this kind of air travel as a good choice in order to experience luxury and a once in a lifetime opportunity to travel like a royalty, you have to think again. Chartering a private aircraft for the purposes of traveling from one place to another actually has disadvantages that would not have been prevalent when you had your travel as a simple couch flyer in a commuter aircraft. The obvious critique is the absurd cost, when chartering a private aircraft you actually pay convenience for the value of air tickets in two hundred folds or even more. A chartered flight actually is the most expensive type of transportation available in the field of transportation today. Aside from the fact that you pay on the basis of miles traveled, you need to take into consideration also the fact that you actually provide a different payment for the personnel thereof.
Another disadvantage of flying a chartered plane is the fact that the diligence adopted by the person in control of the same is only ordinary diligence, and not the extraordinary diligence warranted in commuter flights. Now what is the difference in these duties of care and how would it negatively affect the use of chartered flights?
Extraordinary diligence is the diligence required to be exercised by common carriers as part of the office of their functions. It actually means the adoption of that level of care taking into consideration all circumstances of time, people, and place. The duty of a common carrier is to prove that this amount of care have actually been complied with, and in any case that there would be an accident resulting from the conduct of their functions then the presumption is that the common care failed to exercise that amount of care incumbent upon it to perform. This type of diligence is incumbent upon commuter flights to adopt. On the other hand, chartered flights, not being a common carrier because of its already private nature are only required to adopt that level of care a good father of a family is incumbent to take, and that is ordinary diligence in the conduct of its proceedings.
http://www.articlebliss.com/Article/Chartered-Plane-Rides/126914
If you think about this kind of air travel as a good choice in order to experience luxury and a once in a lifetime opportunity to travel like a royalty, you have to think again. Chartering a private aircraft for the purposes of traveling from one place to another actually has disadvantages that would not have been prevalent when you had your travel as a simple couch flyer in a commuter aircraft. The obvious critique is the absurd cost, when chartering a private aircraft you actually pay convenience for the value of air tickets in two hundred folds or even more. A chartered flight actually is the most expensive type of transportation available in the field of transportation today. Aside from the fact that you pay on the basis of miles traveled, you need to take into consideration also the fact that you actually provide a different payment for the personnel thereof.
Another disadvantage of flying a chartered plane is the fact that the diligence adopted by the person in control of the same is only ordinary diligence, and not the extraordinary diligence warranted in commuter flights. Now what is the difference in these duties of care and how would it negatively affect the use of chartered flights?
Extraordinary diligence is the diligence required to be exercised by common carriers as part of the office of their functions. It actually means the adoption of that level of care taking into consideration all circumstances of time, people, and place. The duty of a common carrier is to prove that this amount of care have actually been complied with, and in any case that there would be an accident resulting from the conduct of their functions then the presumption is that the common care failed to exercise that amount of care incumbent upon it to perform. This type of diligence is incumbent upon commuter flights to adopt. On the other hand, chartered flights, not being a common carrier because of its already private nature are only required to adopt that level of care a good father of a family is incumbent to take, and that is ordinary diligence in the conduct of its proceedings.
http://www.articlebliss.com/Article/Chartered-Plane-Rides/126914
Supermarket Slippery Surfaces
The important thing in the transformation of our system of economic efficiency today is that almost all our needs and wants are being sufficed by readily available and accessible sources of goods and services. Despite man’s growing insatiable needs and wants, our economic system finds a way of allocating resources properly to achieve the goal of answering to these demands of people in society.
Supermarkets and convenient stores are only some of the available sources of these products that would address man’s daily needs and wants. They have been so convenient and available in fact that almost all products ranging from your day to day food products to your tools for plumbing or spare parts for your cars are available in such stores. The business of establishing supermarkets has indeed become a growing business venture, and a successful one at that. A business entrepreneur could never go wrong in the establishment of a supermarket because of the strong demand by the public on the products offered by it.
Supermarkets have been sprouting like mushrooms everywhere. The important part though to consider whenever an establishment such as a supermarket has been constructed is that it is a constant invitation to people in the vicinity, it operates as a public ground where people from all walks of life actually frequents the area either to buy their daily needs or just to go and do window shopping.
But notwithstanding the reason why an individual is inside a supermarket still there are certain safety precautions that must be exercised by the owners of the establishment, and this level of care applies to all regardless of whether they are customers of the supermarket, or just mere passers-by.
Slip and fall injuries have been a common sight in supermarkets. A lady wearing flat sandals going about her daily chores of finding the product that would answer her needs can suddenly fall to the ground with a strong impact because of slippery flooring, is only one vivid picture of a slip and fall injury happening in the supermarkets. The fact that slip and fall injuries are inevitable in supermarkets is really due to the fact that with the variety of products being sold therein and with the volume of customers who walk to and from the area make supermarket environments prone to such ill fated scenarios. Supermarket owners have the duty of care in making sure that their vicinity is safe from such occurrences.
http://www.articlebliss.com/Article/Supermarket-Slippery-Surfaces/126918
Supermarkets and convenient stores are only some of the available sources of these products that would address man’s daily needs and wants. They have been so convenient and available in fact that almost all products ranging from your day to day food products to your tools for plumbing or spare parts for your cars are available in such stores. The business of establishing supermarkets has indeed become a growing business venture, and a successful one at that. A business entrepreneur could never go wrong in the establishment of a supermarket because of the strong demand by the public on the products offered by it.
Supermarkets have been sprouting like mushrooms everywhere. The important part though to consider whenever an establishment such as a supermarket has been constructed is that it is a constant invitation to people in the vicinity, it operates as a public ground where people from all walks of life actually frequents the area either to buy their daily needs or just to go and do window shopping.
But notwithstanding the reason why an individual is inside a supermarket still there are certain safety precautions that must be exercised by the owners of the establishment, and this level of care applies to all regardless of whether they are customers of the supermarket, or just mere passers-by.
Slip and fall injuries have been a common sight in supermarkets. A lady wearing flat sandals going about her daily chores of finding the product that would answer her needs can suddenly fall to the ground with a strong impact because of slippery flooring, is only one vivid picture of a slip and fall injury happening in the supermarkets. The fact that slip and fall injuries are inevitable in supermarkets is really due to the fact that with the variety of products being sold therein and with the volume of customers who walk to and from the area make supermarket environments prone to such ill fated scenarios. Supermarket owners have the duty of care in making sure that their vicinity is safe from such occurrences.
http://www.articlebliss.com/Article/Supermarket-Slippery-Surfaces/126918
Traveling by Trains
One of the earliest types of transportation in our society is traveling by train. Most people view trains as heavy machineries, which main purpose are to carry cargo and transport passengers from one point to another.
The trains' primary distinction as compared to other mode of transportation is the fact that they actually traverse a particular path, known as the railroads and transport numerous numbers of people and cargo in a one way/segment travel. Because of this controlled system of operations, trains are not exposed to the rigors of our roads and streets where other modes of transportation are concentrated. This element makes transportation through trains a supposedly safe mode of public travel. In addition, the fact that the control on such type of transportation is dependent on a recorded, predetermined period makes it even safer as opposed to any other form of transportation. Yet, despite the safety features that are prevalent in travel by means of train, the fact that accidents happen in this mode of transportation is not an entirely new concept.
Since it traverses a particular railroad path, the element of human negligence in cases of accidents occurring is entirely different from other vehicle accident cases.
Historical accounts and current accident records/statistics are actual evidences bringing to light the fact that accidents during train travels are more drastic or catastrophic compared to other vehicular accidents. The severity of train accidents is probably due to certain elements like the number of passengers and the amount of cargo being transported in the trains or the fact that since a machine controls its operation, it would have no other remedial acts, as compared to humans, when faced with system malfunctions.
One of the most common train accidents is derailment. Derailment has become a common picture in vehicle accident stories everywhere. It maybe due to the fact that railroads have existed for so long and the outside elements and wear and tear has already caught up with it, causing it to naturally decay, or it maybe the result of a system failure causing a speeding train to lose its track.
When railroad problems and derailment occur, accidents of tragic proportions are sure to become unavoidable consequences. Unlike in cases of other vehicles wherein stepping on the brakes or the pulling of the hand brakes may be done to avoid an accident from happening, in train accident cases, no brakes can be capable to stop all of the locomotive cars. If there were any, then the train's speed and the volume of passengers and cargo would be an added element in causing a catastrophe rather than mitigating it.
http://www.articlebliss.com/Article/Traveling-by-Trains/126929
The trains' primary distinction as compared to other mode of transportation is the fact that they actually traverse a particular path, known as the railroads and transport numerous numbers of people and cargo in a one way/segment travel. Because of this controlled system of operations, trains are not exposed to the rigors of our roads and streets where other modes of transportation are concentrated. This element makes transportation through trains a supposedly safe mode of public travel. In addition, the fact that the control on such type of transportation is dependent on a recorded, predetermined period makes it even safer as opposed to any other form of transportation. Yet, despite the safety features that are prevalent in travel by means of train, the fact that accidents happen in this mode of transportation is not an entirely new concept.
Since it traverses a particular railroad path, the element of human negligence in cases of accidents occurring is entirely different from other vehicle accident cases.
Historical accounts and current accident records/statistics are actual evidences bringing to light the fact that accidents during train travels are more drastic or catastrophic compared to other vehicular accidents. The severity of train accidents is probably due to certain elements like the number of passengers and the amount of cargo being transported in the trains or the fact that since a machine controls its operation, it would have no other remedial acts, as compared to humans, when faced with system malfunctions.
One of the most common train accidents is derailment. Derailment has become a common picture in vehicle accident stories everywhere. It maybe due to the fact that railroads have existed for so long and the outside elements and wear and tear has already caught up with it, causing it to naturally decay, or it maybe the result of a system failure causing a speeding train to lose its track.
When railroad problems and derailment occur, accidents of tragic proportions are sure to become unavoidable consequences. Unlike in cases of other vehicles wherein stepping on the brakes or the pulling of the hand brakes may be done to avoid an accident from happening, in train accident cases, no brakes can be capable to stop all of the locomotive cars. If there were any, then the train's speed and the volume of passengers and cargo would be an added element in causing a catastrophe rather than mitigating it.
http://www.articlebliss.com/Article/Traveling-by-Trains/126929
A Spinal Cord Injury
Cases involving vehicle accidents due to negligence actually results to injuries, which are detrimental to the health, safety, and even the life of a person who is a victim of such negligence. Logic also dictates that persons who are victims of vehicle negligence cases really have no choice but to accept the injury that they are faced with. The worst case scenario is a situation where the victim of the vehicle negligence have been injured in one of the most fatal injuries possible, that is causing a spinal cord injury.
Spinal cord injuries have drastic effects that would actually lead to a more-often than not vegetable life by the person faced with it. The spinal cord is part of the human’s make-up affecting his or her nervous systems, which as we all know actually affects the brain. The intrinsic connection of the spinal cord to the brain cannot be overly emphasized. With an injury dealt to this part of the nervous system drastic effects may be brought about to the whole body. Spinal cord injuries are serious injuries as serious as they can actually get. It may bring about the non-proper functioning of the brain or other faculties of the human body.
Whenever you are subjected to an injury, particularly from a vehicular accident case brought about by the negligence of another, and the injury having been caused is a spinal cord injury, then you must not waste any time from seeking the help and attention of a competent physician to handle your present situation. The fact that you let things as they are, pass for the reason that you do not really as of yet feel the drastic effects of the injury may be a contributory factor for some more serious effects of the injury. The moment you see this happening, the most important thing to do is availing the help of a physician who can mitigate the pain that you are actually feeling. With a competent physician, you can also be rest-assured that they would make sure that all available means to finding a cure to your injury would be provided.
After having acquired the services of a physician, the next best thing to do is to find a way to keep your rights and privileges, which were deprived, are kept intact. This is to be taken cared of by Personal Injury Defenders. Personal Injury Defenders know how serious it is to be subjected to a spinal cord injury. Hence, they will fight for your cause of action what ever the price may be.
http://www.articlebliss.com/Article/A-Spinal-Cord-Injury/126928
Spinal cord injuries have drastic effects that would actually lead to a more-often than not vegetable life by the person faced with it. The spinal cord is part of the human’s make-up affecting his or her nervous systems, which as we all know actually affects the brain. The intrinsic connection of the spinal cord to the brain cannot be overly emphasized. With an injury dealt to this part of the nervous system drastic effects may be brought about to the whole body. Spinal cord injuries are serious injuries as serious as they can actually get. It may bring about the non-proper functioning of the brain or other faculties of the human body.
Whenever you are subjected to an injury, particularly from a vehicular accident case brought about by the negligence of another, and the injury having been caused is a spinal cord injury, then you must not waste any time from seeking the help and attention of a competent physician to handle your present situation. The fact that you let things as they are, pass for the reason that you do not really as of yet feel the drastic effects of the injury may be a contributory factor for some more serious effects of the injury. The moment you see this happening, the most important thing to do is availing the help of a physician who can mitigate the pain that you are actually feeling. With a competent physician, you can also be rest-assured that they would make sure that all available means to finding a cure to your injury would be provided.
After having acquired the services of a physician, the next best thing to do is to find a way to keep your rights and privileges, which were deprived, are kept intact. This is to be taken cared of by Personal Injury Defenders. Personal Injury Defenders know how serious it is to be subjected to a spinal cord injury. Hence, they will fight for your cause of action what ever the price may be.
http://www.articlebliss.com/Article/A-Spinal-Cord-Injury/126928
Blow the Whistle with Heads Held High
Whistle blowing is not wrong. Whistle blowing is an act whereby an employee, who has personal knowledge of any illegal or wrongful act perpetrated by his or her employer, calls the attention of the proper authorities to help stop said illegal acts from continuing in the workplace.
If you know of any illegal acts being perpetrated by your employer in the workplace, from sexual harassment and employment discrimination to fraud, waste and abuse committed against the employees and the state, and then you must blow the whistle against him or her.
Whistle blowing is a very courageous and morally upright act. It is an unselfish act you can do to protect other employees and help the government maintain justice and in the workplace.
An example of whistle blowing is when you found out that your employer is not declaring the correct sales taxes or invoices on sold goods or when the employer is not providing humane or at least minimum standard working conditions for the employees in the work place and you call the attention of the proper authorities to address these matters. There are whistle-blowing laws in each state, which prohibits your employer from legally discharging, harassing or suspending you for exposing his illegal acts. However, whistle blowers still face severe retaliation from their employers due to their act.
More often than not, whistle blowers became target of further harassment and discrimination as retaliation for blowing the whistle on his or her employer. This retaliation can be committed not only by the employer but by the employer’s supervisors, managers and other employees who wants to seek favors or be on the side of the employer for their own personal gains and ambitions.
Whistleblowers should not worry. Federal laws as well as state laws, like the California violation of whistle-blowing act give ample protection to whistle blowers. These laws protect whistleblowers adequately enough that if an employer or anybody retaliates against the whistle blower, he or she will be liable for damages.
If you decide to blow the whistle on your employer's illegal acts, and you have been subject to retaliation, for your selfless act, then, rest assured that you are entitled to numerous claims for damages from your employer or anybody used by your employer to retaliate against you. All you need is to seek the services of a competent whistle-blowing lawyer to champion your cause.
http://www.articlebliss.com/Article/Blow-the-Whistle-with-Heads-Held-High/128510
If you know of any illegal acts being perpetrated by your employer in the workplace, from sexual harassment and employment discrimination to fraud, waste and abuse committed against the employees and the state, and then you must blow the whistle against him or her.
Whistle blowing is a very courageous and morally upright act. It is an unselfish act you can do to protect other employees and help the government maintain justice and in the workplace.
An example of whistle blowing is when you found out that your employer is not declaring the correct sales taxes or invoices on sold goods or when the employer is not providing humane or at least minimum standard working conditions for the employees in the work place and you call the attention of the proper authorities to address these matters. There are whistle-blowing laws in each state, which prohibits your employer from legally discharging, harassing or suspending you for exposing his illegal acts. However, whistle blowers still face severe retaliation from their employers due to their act.
More often than not, whistle blowers became target of further harassment and discrimination as retaliation for blowing the whistle on his or her employer. This retaliation can be committed not only by the employer but by the employer’s supervisors, managers and other employees who wants to seek favors or be on the side of the employer for their own personal gains and ambitions.
Whistleblowers should not worry. Federal laws as well as state laws, like the California violation of whistle-blowing act give ample protection to whistle blowers. These laws protect whistleblowers adequately enough that if an employer or anybody retaliates against the whistle blower, he or she will be liable for damages.
If you decide to blow the whistle on your employer's illegal acts, and you have been subject to retaliation, for your selfless act, then, rest assured that you are entitled to numerous claims for damages from your employer or anybody used by your employer to retaliate against you. All you need is to seek the services of a competent whistle-blowing lawyer to champion your cause.
http://www.articlebliss.com/Article/Blow-the-Whistle-with-Heads-Held-High/128510
Settling Personal Injury Cases
Due process of law has always been considered as the basic and the most important right that has been offered to humanity in the advent of a civilized society. The opportunity to be heard, and to give your defenses or arguments before being convicted or penalized for the commission of a wrongful act is what is enshrined in the principle of due process of the law.
The right of a person to have free access to our courts to redress a particular wrong that has been committed is also a basic right that is included in the due process of law clause incorporated in our Constitution.
Thus, regardless of your status in life, so long as you have a right that has actually been deprived or that a wrongful act has been committed against you then access to the courts is an inherent right given for your benefit.
However, is the due process of law clause indeed an avenue that would foster the availing of court process whenever a right has been deprived? Is having access to our courts considered as the "be all" and "end all" of the due process of law provision?
Of course, the answer is negative. The framers of our Constitution deemed it fit to include such an essential and a basic right of an individual to assure that his or her interests are protected. However, due process of law may be attained even if resort to courts of justice is not taken.
The most important aspect in the due process of law provision is the fact that a person in his or her defense or in an argument for his or her cause is given the opportunity to be heard. Hence, any avenue, which would foster and encourage the exercise of said right and would give ample chance for the individual to say his or her point of view is already sufficient compliance to this rule.
Personal injury claims are considered as part of those claims that may be settled without having to resort to the tedious court process, though, at the same time, it complies with the due process of law. Settling personal injury cases out of court, and arriving at a particular settlement agreement is considered as binding enough between the parties involved. This should be promptly executed. The only requisite for the "out-of-court" agreement to be final and binding is that all the parties involved were given sufficient opportunity to air their side before any kind of settlement is approved. Of course, it follows that the settlement arrived at was consented to freely by the parties involved in the personal injury claim.
http://www.articlebliss.com/Article/Settling-Personal-Injury-Cases/128513
The right of a person to have free access to our courts to redress a particular wrong that has been committed is also a basic right that is included in the due process of law clause incorporated in our Constitution.
Thus, regardless of your status in life, so long as you have a right that has actually been deprived or that a wrongful act has been committed against you then access to the courts is an inherent right given for your benefit.
However, is the due process of law clause indeed an avenue that would foster the availing of court process whenever a right has been deprived? Is having access to our courts considered as the "be all" and "end all" of the due process of law provision?
Of course, the answer is negative. The framers of our Constitution deemed it fit to include such an essential and a basic right of an individual to assure that his or her interests are protected. However, due process of law may be attained even if resort to courts of justice is not taken.
The most important aspect in the due process of law provision is the fact that a person in his or her defense or in an argument for his or her cause is given the opportunity to be heard. Hence, any avenue, which would foster and encourage the exercise of said right and would give ample chance for the individual to say his or her point of view is already sufficient compliance to this rule.
Personal injury claims are considered as part of those claims that may be settled without having to resort to the tedious court process, though, at the same time, it complies with the due process of law. Settling personal injury cases out of court, and arriving at a particular settlement agreement is considered as binding enough between the parties involved. This should be promptly executed. The only requisite for the "out-of-court" agreement to be final and binding is that all the parties involved were given sufficient opportunity to air their side before any kind of settlement is approved. Of course, it follows that the settlement arrived at was consented to freely by the parties involved in the personal injury claim.
http://www.articlebliss.com/Article/Settling-Personal-Injury-Cases/128513
When Partners Go Haywire
Partnerships are one of the most common types of business organization. Partnerships are composed of a group of individuals having for their purpose the promotion and propagation of a unified business and economic interest. The formation of a partnership is actually dependent on the fiduciary relationship of the persons composing the same. Fiduciary which means the relationship of the partners is grounded on such high degree of trust and confidence, not only with the affairs of the business but with their own personal circumstances as well.
The predicament therefore arises when a good and harmonious relationship that encompasses the act of one partner with that of another has been severed or it has become so problematic that it would already drastically affect the business interest of the partnership. What would be its consequent effects to the existence of the partnership? Would it actually lead to its dissolution, or would it survive despite such brewing ill-will between the partners? The answer is quite obvious in that the partnership would cease to exist upon the happening of such a dilemma.
Breach of partnership roles, duties, and responsibilities, are only some of the reasons that would make the relationship of the partners at such an unstable and antagonistic state. Being established based on fiduciary relationship between one from the other, severance of such interaction would naturally lead to its ultimate end. The disposition of the erring partner's partnership interest to another person could not be considered as relieving the pressures of the partnership’s dissolution.
Even if the erring partner’s interest has been sold to another, if at all this act is allowed, it would not operate to revive the partnership, because the seeming new partner is in and invested with such trust and confidence by the other partners. The seeming new partner would thus be considered as an outsider and that not having the fiduciary relation with the other partners would not warrant the continuous existence of the same.
This is how complex and how personalized partnerships as a business organization are. They are not merely a conglomeration of people who have the same interest when it comes to a business endeavor, but they are bound with one another on a circle of trust and confidence, which upon it being broken naturally would lead to the severance of the partnership as a whole. Of course the opposite is also prevalent, if such healthy and harmonious relationship is kept in constant, then high business retains can continue to exist.
http://www.articlebliss.com/Article/When-Partners-Go-Haywire/129694
The predicament therefore arises when a good and harmonious relationship that encompasses the act of one partner with that of another has been severed or it has become so problematic that it would already drastically affect the business interest of the partnership. What would be its consequent effects to the existence of the partnership? Would it actually lead to its dissolution, or would it survive despite such brewing ill-will between the partners? The answer is quite obvious in that the partnership would cease to exist upon the happening of such a dilemma.
Breach of partnership roles, duties, and responsibilities, are only some of the reasons that would make the relationship of the partners at such an unstable and antagonistic state. Being established based on fiduciary relationship between one from the other, severance of such interaction would naturally lead to its ultimate end. The disposition of the erring partner's partnership interest to another person could not be considered as relieving the pressures of the partnership’s dissolution.
Even if the erring partner’s interest has been sold to another, if at all this act is allowed, it would not operate to revive the partnership, because the seeming new partner is in and invested with such trust and confidence by the other partners. The seeming new partner would thus be considered as an outsider and that not having the fiduciary relation with the other partners would not warrant the continuous existence of the same.
This is how complex and how personalized partnerships as a business organization are. They are not merely a conglomeration of people who have the same interest when it comes to a business endeavor, but they are bound with one another on a circle of trust and confidence, which upon it being broken naturally would lead to the severance of the partnership as a whole. Of course the opposite is also prevalent, if such healthy and harmonious relationship is kept in constant, then high business retains can continue to exist.
http://www.articlebliss.com/Article/When-Partners-Go-Haywire/129694
Identity over the Net
The advent of technological advances in our mode of interaction and communication can be considered as a worthy accomplishment. These are evident by the growing clamor on interactions over the internet or over wireless type of communications owing to its more convenient nature and safer circumstances.
But, how safe are transactions and business exchanges conducted over the net really are? Are the protections and safety features actually advanced by manufacturers of such software effective in preventing fraud over the internet or the illegal use of information?
Social Security Fraud and the illegal utilization of Social Security Numbers are only some of the more common internet crimes involving the illegal use of personal information and identity theft being done over the internet.
Having access to one’s Social Security Number actually opens a Pandora’s Box of sensitive information concerning an individual’s personal circumstances. Once these details fall into the hands of uncanny and witting illegal minds then God only knows how many illegal and fraudulent interactions can be done by the use thereof.
Interactions or business exchanges done over the internet actually necessitate the fact of assuring that the person doing such interaction really exists. To make a compelling truth over the same, and to determine if the interaction is indeed legitimate safety features adopted over the net are being utilized, one compulsory detail that must be given is the person’s Social Security Number. This number is so unique that a person is only given one such number in his or her lifetime, hence, if such Social Security Number is actually correctly given then the information on the prospective buyer or seller may actually be confirmed.
Individuals who are well aware of the illegal use of personal information over the net are prudent enough to be deterred from entering into any transaction over the internet. If such information is being asked, but some individuals relying on their ignorance and lack of rational logic in making a viable conclusion actually enters such transaction and willingly and voluntarily provide details concerning their Social Security Number.
These individuals are already caught in a trap that they could no longer escape from notwithstanding any remedial measure to stop the bleeding. One thing you must put into mind is the fact that the nature of the internet is sharing, that is what keeps the system afloat, and it is what actually feeds its existence.
Hence, if you would not want to share information concerning the minute detail of your entire personhood to include what blood type you actually are, then think again when inputting those Social Security Numbers in the web.
http://www.articlebliss.com/Article/Identity-over-the-Net/129702
But, how safe are transactions and business exchanges conducted over the net really are? Are the protections and safety features actually advanced by manufacturers of such software effective in preventing fraud over the internet or the illegal use of information?
Social Security Fraud and the illegal utilization of Social Security Numbers are only some of the more common internet crimes involving the illegal use of personal information and identity theft being done over the internet.
Having access to one’s Social Security Number actually opens a Pandora’s Box of sensitive information concerning an individual’s personal circumstances. Once these details fall into the hands of uncanny and witting illegal minds then God only knows how many illegal and fraudulent interactions can be done by the use thereof.
Interactions or business exchanges done over the internet actually necessitate the fact of assuring that the person doing such interaction really exists. To make a compelling truth over the same, and to determine if the interaction is indeed legitimate safety features adopted over the net are being utilized, one compulsory detail that must be given is the person’s Social Security Number. This number is so unique that a person is only given one such number in his or her lifetime, hence, if such Social Security Number is actually correctly given then the information on the prospective buyer or seller may actually be confirmed.
Individuals who are well aware of the illegal use of personal information over the net are prudent enough to be deterred from entering into any transaction over the internet. If such information is being asked, but some individuals relying on their ignorance and lack of rational logic in making a viable conclusion actually enters such transaction and willingly and voluntarily provide details concerning their Social Security Number.
These individuals are already caught in a trap that they could no longer escape from notwithstanding any remedial measure to stop the bleeding. One thing you must put into mind is the fact that the nature of the internet is sharing, that is what keeps the system afloat, and it is what actually feeds its existence.
Hence, if you would not want to share information concerning the minute detail of your entire personhood to include what blood type you actually are, then think again when inputting those Social Security Numbers in the web.
http://www.articlebliss.com/Article/Identity-over-the-Net/129702
Employers Cannot Absolutely Fire At Will
In California, if you are not hired by an employer through a verbal or written contract, you are considered as “at will” employee. At will meaning, the employer can fire you at will. He could fire you for being tardy, sickly or being loud or argumentative with your other co-employees. Your employer may even fire you if he just doesn’t like your personality or he doesn’t want to look at your face when he comes to the office in the morning.
Being an “at will” employee has benefits for you too. If you are an “at will” employee, you can quit anytime you want. You could be having lunch one day and day dreamed about a life on the beach. Right there and then you can go to your employer and say that you quit.
However, “at will” arrangement of employment does not stay “at will” throughout your employment with your employer. Other factors may change your working relationship. If during your “at will” employment your employer makes you sign a contract with terms of employment then you have now become a regular employee and you cannot be terminated for just any reason whatsoever.
However, in the same vain, you cannot just leave your work whenever you feel like it because you are obligated by the terms of your employment contract. Usually, you need to advise your employer at least a month before your intended resignation, otherwise, you could be made liable for damages.
Even verbal actions can change your “at will” relationship. If your employer verbally informed you to work until the end of the year or inform you of his or her intent to make you a regular employee, then you will also be placed in an employer employee relationship from that time on with the same rights and obligations.
Going back to the “at will” relationship, even if you are an “at will” employee, the employer technically cannot just fire you at will. The law provides that the employer cannot fire you if the reason for firing you is illegal under Title VII. According to law, you cannot be fired if the reason is discriminatory based on your race, color, religion, national origin, disability or age. Your employer cannot also fire you based on sexual orientation or marital status.
If you are an “at will” employee but you are terminated due to illegal cause, you have a right to seek damages. Secure the services of expert employment lawyers like the lawyers of Mesriani Law Group if you are in California to help you claim damages against your “at will” employer.
http://www.articlebliss.com/Article/Employers-Cannot-Absolutely-Fire-At-Will/129709
Being an “at will” employee has benefits for you too. If you are an “at will” employee, you can quit anytime you want. You could be having lunch one day and day dreamed about a life on the beach. Right there and then you can go to your employer and say that you quit.
However, “at will” arrangement of employment does not stay “at will” throughout your employment with your employer. Other factors may change your working relationship. If during your “at will” employment your employer makes you sign a contract with terms of employment then you have now become a regular employee and you cannot be terminated for just any reason whatsoever.
However, in the same vain, you cannot just leave your work whenever you feel like it because you are obligated by the terms of your employment contract. Usually, you need to advise your employer at least a month before your intended resignation, otherwise, you could be made liable for damages.
Even verbal actions can change your “at will” relationship. If your employer verbally informed you to work until the end of the year or inform you of his or her intent to make you a regular employee, then you will also be placed in an employer employee relationship from that time on with the same rights and obligations.
Going back to the “at will” relationship, even if you are an “at will” employee, the employer technically cannot just fire you at will. The law provides that the employer cannot fire you if the reason for firing you is illegal under Title VII. According to law, you cannot be fired if the reason is discriminatory based on your race, color, religion, national origin, disability or age. Your employer cannot also fire you based on sexual orientation or marital status.
If you are an “at will” employee but you are terminated due to illegal cause, you have a right to seek damages. Secure the services of expert employment lawyers like the lawyers of Mesriani Law Group if you are in California to help you claim damages against your “at will” employer.
http://www.articlebliss.com/Article/Employers-Cannot-Absolutely-Fire-At-Will/129709
Bus Restraints are a Must for Students
Buses are one of the major commuter transportation facility utilized in the United States. With the growing number of population, the necessity of more public transport cannot be stressed enough.
Buses, because of their huge passenger capacity are also the favored transport service of schoolchildren especially in California. In as much as millions who take commuter buses each year, millions of elementary and secondary students also ride school buses throughout the United States.
The problem with school buses even today are that most of them do not have seatbelts or any restraints for the individual students who take the bus everyday to and from school. Statistics are very alarming regarding accidents involving school buses. It has been reported that more than 10,000 children are injured each year due to school bus accidents and more than 10 of them even die from the ordeal.
If you have a child who is taking school bus to go to school, your child might be in danger. Accidents, however as hard as we try to avoid them sometimes do happen. Even if the bus driver is careful in operating the school bus there are still several factors that may contribute to the happening of a school bus accident.
Negligence of other drivers is one reason. Weather conditions are another. Similarly bad road conditions could be the cause of a school bus accident. Negligent pedestrians could also be the reason. A person who is not looking at the traffic condition might just dart into the street necessitating the school bus to swerve in order to avoid hitting the pedestrian resulting in a bus accident colliding with other vehicles or hitting a building or establishment. Still, maintenance of the school bus is also a factor in the happening of a school bus accident. Breaks could fail or wheels could explode causing a bus accident.
Imagine a school bus carrying a lot of young ones who are not aware of any danger and not equipped with protecting themselves in case such accidents happen. Without proper restraints, a child could easily be thrown inside the school bus with such force causing severe injuries like broken bones, head injuries, lacerations, mutilation and even death.
Seatbelts and restraints on school buses cannot be stressed enough. Our children are our most valuable possessions. They are also the future of our nation. Let us not waste our children’s future on a very mediocre and meaningless accident. Even if bus accidents cannot sometimes be prevented, at least with restraints and proper safety features in school buses, we could protect our children from more serious
http://www.articlebliss.com/Article/Bus-Restraints-are-a-Must-for-Students/129705
Buses, because of their huge passenger capacity are also the favored transport service of schoolchildren especially in California. In as much as millions who take commuter buses each year, millions of elementary and secondary students also ride school buses throughout the United States.
The problem with school buses even today are that most of them do not have seatbelts or any restraints for the individual students who take the bus everyday to and from school. Statistics are very alarming regarding accidents involving school buses. It has been reported that more than 10,000 children are injured each year due to school bus accidents and more than 10 of them even die from the ordeal.
If you have a child who is taking school bus to go to school, your child might be in danger. Accidents, however as hard as we try to avoid them sometimes do happen. Even if the bus driver is careful in operating the school bus there are still several factors that may contribute to the happening of a school bus accident.
Negligence of other drivers is one reason. Weather conditions are another. Similarly bad road conditions could be the cause of a school bus accident. Negligent pedestrians could also be the reason. A person who is not looking at the traffic condition might just dart into the street necessitating the school bus to swerve in order to avoid hitting the pedestrian resulting in a bus accident colliding with other vehicles or hitting a building or establishment. Still, maintenance of the school bus is also a factor in the happening of a school bus accident. Breaks could fail or wheels could explode causing a bus accident.
Imagine a school bus carrying a lot of young ones who are not aware of any danger and not equipped with protecting themselves in case such accidents happen. Without proper restraints, a child could easily be thrown inside the school bus with such force causing severe injuries like broken bones, head injuries, lacerations, mutilation and even death.
Seatbelts and restraints on school buses cannot be stressed enough. Our children are our most valuable possessions. They are also the future of our nation. Let us not waste our children’s future on a very mediocre and meaningless accident. Even if bus accidents cannot sometimes be prevented, at least with restraints and proper safety features in school buses, we could protect our children from more serious
http://www.articlebliss.com/Article/Bus-Restraints-are-a-Must-for-Students/129705
Problem with Your Vehicle in California?Know more about California Lemon Law.
Lemon laws are U.S. state laws that offer remedies to consumers for products such as boats, cars, computers, motorcycles, refrigerators, RVs, etc. that frequently fail to meet the set standards of quality and performance. These products are commonly referred to as “lemons”. There are both state and federal lemon laws that protect the interests of consumers. The rights afforded to consumers by lemon laws may exceed any warranties expressed in purchase contracts.
The California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement.
If you purchase or lease a vehicle in California and then discover that it has defects that substantially affect its safety, use or value, California State Lemon Law may help you gain satisfaction from the vehicle's manufacturer. Under the California Lemon Law, new cars, leased cars, pre-owned cars, RV's, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a "lemon", and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.
Circumstances in which the consumers seek protection under California Lemon Law:
The defect of the product is a manufacturing defect
The vehicle has been repaired at least four times and still the defect persists.
The defect is detected but not repaired within the period of 18 months or 18,000 miles.
There are several steps that the consumer must take to effectively use the lemon laws of California State. (1) Keep a detailed repair record, complete with dates of the repair attempts, when the vehicle was out of service, and a list that explains exactly what the trouble is, such as "cutting off" or "stalling"; (2) send a certified, return receipt requested letter to the manufacturer's consumer relations office and the manufacturer's nearest regional office listed in your manual; (3) after you have followed the previous steps and met the criteria as defined by your state's lemon law, request a refund or replacement, less depreciation, of the vehicle.
Differing from some laws in other states, the California Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the California Lemon Law, vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle's manufacturer needs to be notified of the unsatisfied buyer's intention of sale or trade.
http://www.articlebliss.com/Article/Problem-with-Your-Vehicle-in-California--Know-more-about-California-Lemon-Law-/130806
The California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement.
If you purchase or lease a vehicle in California and then discover that it has defects that substantially affect its safety, use or value, California State Lemon Law may help you gain satisfaction from the vehicle's manufacturer. Under the California Lemon Law, new cars, leased cars, pre-owned cars, RV's, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a "lemon", and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.
Circumstances in which the consumers seek protection under California Lemon Law:
The defect of the product is a manufacturing defect
The vehicle has been repaired at least four times and still the defect persists.
The defect is detected but not repaired within the period of 18 months or 18,000 miles.
There are several steps that the consumer must take to effectively use the lemon laws of California State. (1) Keep a detailed repair record, complete with dates of the repair attempts, when the vehicle was out of service, and a list that explains exactly what the trouble is, such as "cutting off" or "stalling"; (2) send a certified, return receipt requested letter to the manufacturer's consumer relations office and the manufacturer's nearest regional office listed in your manual; (3) after you have followed the previous steps and met the criteria as defined by your state's lemon law, request a refund or replacement, less depreciation, of the vehicle.
Differing from some laws in other states, the California Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the California Lemon Law, vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle's manufacturer needs to be notified of the unsatisfied buyer's intention of sale or trade.
http://www.articlebliss.com/Article/Problem-with-Your-Vehicle-in-California--Know-more-about-California-Lemon-Law-/130806
Discrimination based on Age
A person's willingness to continue working in order to provide for the needs of his family is admirable. However, when one reaches a certain age, it comes to a point when a body fails and unable to do the things it can when young. That is the time when a person must forgo of his or her employment.
Nevertheless, it must be pointed out that age is not major factor in determining if an employee can no longer comply with the demands of his occupation. The condition of the body that determines whether one is qualified to continue with his job.
As always, the employer has ample authority to terminate an employee and break the employer-employee relationship, especially if the production process is already affected by the incompetent acts of the employee. Yet this power granted to the employer cannot be exercised without due regard to the regulations contained in our Constitution and laws.
This means that if an employee has been terminated on the sole basis of his or her age, then such act amounts to unfair labor practice or labor law violations. It is also tantamount to employment discrimination based on age. If this case occurs, the employer would be liable for any untoward damages that may be experienced by the employee.
To further stress the point, if an employee reaches a certain age wherein he would be considered rather old, and then he were terminated from work or become subject to a constructive dismissal by the employer which primary factor solely depends on his age, then the act would fall under discrimination in employment on the basis of age.
An employer has the prerogative to hire or fire an employee, however, this prerogative cannot be used as basis for discriminating against an employee, whether basing on his age or other notable factors like gender, race and religion.
A termination would be valid if it is based on acceptable reasons like if the employee is considered as a liability, already rather an asset to the company. These reasons and other civil wrongs and criminal acts can be the valid reasons for an employee to be dismissed.
An employee who is a victim of discrimination for his or her age and is unlawfully terminated for this reasons, can file for labor law violation claims and can be actually given a higher settlement amount if it is proven that the employer acted beyond his or her jurisdiction. Usually, the reason for the high claims is when an employee is discriminated for his old age and he finds it difficult to find another job again.
http://www.articlebliss.com/Article/Discrimination-based-on-Age/131346
Nevertheless, it must be pointed out that age is not major factor in determining if an employee can no longer comply with the demands of his occupation. The condition of the body that determines whether one is qualified to continue with his job.
As always, the employer has ample authority to terminate an employee and break the employer-employee relationship, especially if the production process is already affected by the incompetent acts of the employee. Yet this power granted to the employer cannot be exercised without due regard to the regulations contained in our Constitution and laws.
This means that if an employee has been terminated on the sole basis of his or her age, then such act amounts to unfair labor practice or labor law violations. It is also tantamount to employment discrimination based on age. If this case occurs, the employer would be liable for any untoward damages that may be experienced by the employee.
To further stress the point, if an employee reaches a certain age wherein he would be considered rather old, and then he were terminated from work or become subject to a constructive dismissal by the employer which primary factor solely depends on his age, then the act would fall under discrimination in employment on the basis of age.
An employer has the prerogative to hire or fire an employee, however, this prerogative cannot be used as basis for discriminating against an employee, whether basing on his age or other notable factors like gender, race and religion.
A termination would be valid if it is based on acceptable reasons like if the employee is considered as a liability, already rather an asset to the company. These reasons and other civil wrongs and criminal acts can be the valid reasons for an employee to be dismissed.
An employee who is a victim of discrimination for his or her age and is unlawfully terminated for this reasons, can file for labor law violation claims and can be actually given a higher settlement amount if it is proven that the employer acted beyond his or her jurisdiction. Usually, the reason for the high claims is when an employee is discriminated for his old age and he finds it difficult to find another job again.
http://www.articlebliss.com/Article/Discrimination-based-on-Age/131346
Settling a Personal Injury Case
Our current legal system is encountering problems due to its own nature. It has become so open and accessible to the public that the slightest injury sustained by a person or the slightest damage that a property has experienced would already amount to a long-standing litigation that would take years before final resolution. We have a society that is sue happy and breaks into litigation that so appropriate in our prevailing realm.
Our government is aware of this growing dilemma, and the fact that our courts’ dockets are clogged with so many petty cases. Unfortunately, the more pressing claims are given less attention. With this in mind, our government has outlined several means to settle a particular case without having to resort to court litigation. These other means include mediation and arbitration of the claims.
Mediation and arbitration involve pre-litigation avenues in settling a particular dispute. The fact that the parties are given the opportunity to air their grievances and address their arguments until they reach a common ground. The main goal in mediation and arbitration is arriving at a settlement. These types of settlement process are encouraged by the courts to do away with the adversarial set-up in court litigation and the expensive process of going through the rigid court procedures.
The good thing with the use of these alternative modes of settling disputes is the fact that any settlement arrived at by the parties would be controlling between and among them, it has the force and authority of a decision of a jury, which is considered as final and executory.
Owing to its nature of dependency to the voluntary conduct of the parties in the case, no one can appeal on the final decision of a mediation or arbitration settlement. This means that after the victim accepts the settlement arrived at by the parties then he or she could no longer file any claims in court for the same cause of action. The plaintiff is barred from filing a lawsuit based on a case that has been previously decided upon through mediation or arbitration.
The alternative procedures for settling disputes is now being given importance since it provides the opportunity for the parties to sit down and talk about the circumstances without rigid formality and cost. It does not only foster rational thinking, it also gives ample consideration for the wrongdoers who have accepted the civil wrong he or she committed. It also allows allows another party to willingly forgive the wrongdoer after deciding upon the proper and just compensation.
http://www.articlebliss.com/Article/Settling-a-Personal-Injury-Case/131350
Our government is aware of this growing dilemma, and the fact that our courts’ dockets are clogged with so many petty cases. Unfortunately, the more pressing claims are given less attention. With this in mind, our government has outlined several means to settle a particular case without having to resort to court litigation. These other means include mediation and arbitration of the claims.
Mediation and arbitration involve pre-litigation avenues in settling a particular dispute. The fact that the parties are given the opportunity to air their grievances and address their arguments until they reach a common ground. The main goal in mediation and arbitration is arriving at a settlement. These types of settlement process are encouraged by the courts to do away with the adversarial set-up in court litigation and the expensive process of going through the rigid court procedures.
The good thing with the use of these alternative modes of settling disputes is the fact that any settlement arrived at by the parties would be controlling between and among them, it has the force and authority of a decision of a jury, which is considered as final and executory.
Owing to its nature of dependency to the voluntary conduct of the parties in the case, no one can appeal on the final decision of a mediation or arbitration settlement. This means that after the victim accepts the settlement arrived at by the parties then he or she could no longer file any claims in court for the same cause of action. The plaintiff is barred from filing a lawsuit based on a case that has been previously decided upon through mediation or arbitration.
The alternative procedures for settling disputes is now being given importance since it provides the opportunity for the parties to sit down and talk about the circumstances without rigid formality and cost. It does not only foster rational thinking, it also gives ample consideration for the wrongdoers who have accepted the civil wrong he or she committed. It also allows allows another party to willingly forgive the wrongdoer after deciding upon the proper and just compensation.
http://www.articlebliss.com/Article/Settling-a-Personal-Injury-Case/131350
Common Problems Encountered in Dealing with Lawyers
Your lawyer keeps on ignoring your phone calls
Proper communication between you and your lawyer is very important in a positive turn out of your case. It is also the obligation of your lawyer to keep you informed about the progress of your case.
However, you should not expect your lawyer to communicate with you quite frequently since he might be working on other client’s cases as well. But this does not mean that he is not taking care or your case. He might just be properly allocating his time to serve other people or just limiting his phone calls in order to minimize his service charge especially when he is working on an hourly rate.
If you find your reason for calling urgent, it would be better to put it in writing first and ask for his response. If he fails to act on your request, then you may proceed to calling him by phone. After performing these steps and your lawyer still keeps on ignoring your call, it may be time to dismiss his services and look for a much reliable lawyer.
Overcharging
Before formally hiring a lawyer, it is also advisable to perform a thorough review of the fee agreement. Be sure that you completely understand the manner of payment, either on an hourly rate or on contingency basis. Determine all your monetary obligations to him. Some lawyers may insert other fees on your bills.
Meanwhile, if you have noticed some irregularities on your bills after your case has been settled, have it reviewed by a reputable legal organization that can determine if you are indeed charged fairly. If not, you may also ask them for some recommendations on what proper actions you may pursue.
Your lawyer goes beyond the ethical standards of the legal profession
All lawyers are expected to abide by strict ethical standards. If your lawyer has acted unethically, you may file charges against him and make him face various sanctions such as reprimands or suspensions and disbarment. You may bring your complaint to the Lawyer Disciplinary Office in your respective state.
Your lawyer promised a positive result but it did not happen
Do understand that nobody can tell whether a lawsuit will be successful or not. Even the most credible and well-experienced lawyers lose some cases. The least you can do is to look for the best and most reliable lawyer for your case and see to it that he is doing his job accordingly.
On the other hand, if your lawyer has indeed failed to follow the standard procedures in handling your case, you may seek the aid of a legal malpractice lawyer in your area and file the necessary charges against him.
Firing your lawyer
Keep in mind that you are still in command of your case. If you are not contented with the way your lawyer handles your case, cease his services and look for another lawyer. Nevertheless, you are obliged to inform the court and ask their permission before doing such action
http://www.articlebliss.com/Article/Common-Problems-Encountered-in-Dealing-with-Lawyers/145808
Proper communication between you and your lawyer is very important in a positive turn out of your case. It is also the obligation of your lawyer to keep you informed about the progress of your case.
However, you should not expect your lawyer to communicate with you quite frequently since he might be working on other client’s cases as well. But this does not mean that he is not taking care or your case. He might just be properly allocating his time to serve other people or just limiting his phone calls in order to minimize his service charge especially when he is working on an hourly rate.
If you find your reason for calling urgent, it would be better to put it in writing first and ask for his response. If he fails to act on your request, then you may proceed to calling him by phone. After performing these steps and your lawyer still keeps on ignoring your call, it may be time to dismiss his services and look for a much reliable lawyer.
Overcharging
Before formally hiring a lawyer, it is also advisable to perform a thorough review of the fee agreement. Be sure that you completely understand the manner of payment, either on an hourly rate or on contingency basis. Determine all your monetary obligations to him. Some lawyers may insert other fees on your bills.
Meanwhile, if you have noticed some irregularities on your bills after your case has been settled, have it reviewed by a reputable legal organization that can determine if you are indeed charged fairly. If not, you may also ask them for some recommendations on what proper actions you may pursue.
Your lawyer goes beyond the ethical standards of the legal profession
All lawyers are expected to abide by strict ethical standards. If your lawyer has acted unethically, you may file charges against him and make him face various sanctions such as reprimands or suspensions and disbarment. You may bring your complaint to the Lawyer Disciplinary Office in your respective state.
Your lawyer promised a positive result but it did not happen
Do understand that nobody can tell whether a lawsuit will be successful or not. Even the most credible and well-experienced lawyers lose some cases. The least you can do is to look for the best and most reliable lawyer for your case and see to it that he is doing his job accordingly.
On the other hand, if your lawyer has indeed failed to follow the standard procedures in handling your case, you may seek the aid of a legal malpractice lawyer in your area and file the necessary charges against him.
Firing your lawyer
Keep in mind that you are still in command of your case. If you are not contented with the way your lawyer handles your case, cease his services and look for another lawyer. Nevertheless, you are obliged to inform the court and ask their permission before doing such action
http://www.articlebliss.com/Article/Common-Problems-Encountered-in-Dealing-with-Lawyers/145808
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