The most recent federal statistics shows that slip and fall occurrences cover 15% of the total number of accidental fatalities. Thus, if a person incurred injuries or died due to the hazardous condition of another party’s premises, he or she may demand for damages against the owner of the property where he or she was harmed. However, from a legal point of view, accident cases involving slip and fall are more intricate to defend. This is because the owner can simply wash out the dangerous setting that can be used as evidence in a slip and fall incident. We all know that physical evidences such as the scene of the crime are very vital in any case resolution. Hence, to ensure a positive outcome for the claim, it is best to follow these instructions if ever you will be engaged in a slip and fall accident:
Take photographs of the scene
Immediately after the incident look for a camera in order to take some pictures of the condition of area or location where the accident happen. Capture the floor surface, mats or rugs if there is any and the condition of your shoes and clothing. More so, you should have photos of the safety warning signs situated in the place of accident. Take pictures as well as your incurred bruises, cuts, and all your other visible injuries. Take a shot of everything, even the small details, that you may think has an importance in the case. Afterwards, submit the pictures to your trusted slip and fall lawyer for proper assessment.
Look for credible witnesses
Statements of the witnesses have a strong value in every legal case. Get the names of the people around when the accident happen. List their addresses, telephone numbers and other information on how you may contact them then keep it in a secured place. Make several revisits to the place for some other possible witnesses. If you have obtained enough number of eyewitnesses, never attempt to get in touch with them again. Let your legal counsel do the job.
Secure all the physical evidences that you have
Take care of all the other things that may be used as evidences including the clothing and shoes that you are wearing at the time of the accident. Let the stains remain and do not remove them from these evidences. Place them on a plastic bag and secure it with tape. Try to secure copy of the accident report from the owner or the manager of the premises. Save some samples of the objects that caused you to slip and try to preserve them too.
After doing these steps, seek immediate medical attention and have a copy of your medical reports. Anyway, it is better if you would undergo a medical check up even though you did not feel any aches. Some kinds of injuries are not eventually felt by a person and require clinical examinations to be detected. It is also important to appoint a legal advocate who has the expertise in handling these certain types of cases. He or she will guide you accordingly regarding the proper actions that you should pursue to uphold your rights under the law.
http://www.personalinjurylawyerinc.com/Helpful-Tips-In-Case-Of-A-Slip-And-Fall-Involvement.html
Thursday, October 25, 2007
Wednesday, October 24, 2007
New South Carolina Franchising Law
Local Governments No Longer Authorized to Issue Franchises
Pursuant to a bill enacted May 23, 2006, counties and municipalities (“Local Governments”) in South Carolina no longer have the authority to issue cable franchises. New franchise applications must now be directed to the Secretary of State.
Local Governments may continue to enforce existing franchise agreements until their expiration. Incumbent franchise holders will likewise remain subject to their existing franchise agreements and cannot avail themselves of a state-issued certificate of franchise authority in areas subject to a Local Government franchise until expiration of such current agreements. That said, the new law does permit incumbents to opt out of such franchises at any time on or after the date that the holder of a state-issued certificate of franchise authority provides notice of service commencement. Additionally, incumbent cable operators may seek authority under the new law to provide services in areas where they are not subject to a current franchise agreement.
Applications for a state-issued certificate of franchise authority must be accompanied by an affidavit and signed by an officer or general partner of the applicant containing the following:
(1) affirmation that the applicant agrees to comply with all applicable federal and state laws and regulations;
(2) a written description of the municipalities and unincorporated areas of counties to be served, in whole or in part, by the applicant, which must be amended by the applicant before the provision of cable service within an area not described in a previous application or amendment; and
(3) the location of the principal place of business and the names of the principal executive officers of the applicant. Holders of a state-issued certificate of franchise authority seeking to expand into new service areas must file amended applications with the Secretary of State identifying the new service areas to be served.
Procedure
The Secretary of State must notify each affected Local Government of its receipt of the application or amended application within five days of its receipt. The notification will request the franchise fee rate to which the incumbent cable operator is subject, the number of activated PEG access channels and whether it consents to the grant. There does not appear to be any requirement that notice be provided to the incumbent cable operator.
Local Governments then have 65 days to respond and must provide an explanation if they seek to deny consent. Where a Local Government responds and does not object, a franchisee must be issued a certificate of franchise authority within 80 days of the request for information with the same franchise fee and PEG access obligations as the incumbent.
Where Local Governments fail to provide the requested franchise fee rate and PEG access information, the statute automatically imposes a franchise fee rate of 2% of gross revenue and absolves the applicant of any requirement to provide PEG access.
If a Local Government denies consent or does not timely provide its unconditional consent, the application will be denied. The only remedy from such a denial is to seek relief under state or federal law in state or federal court.
No Build-Out Requirements
Service under a state-issued certificate of franchise authority must begin to be deployed in each of the areas described in an application within one year of the date of the issuance of the certificate or the certificate becomes null and void.
The statute specifically provides, however, that the foregoing service commencement requirement “shall not be construed to require deployment of service throughout the municipalities or the unincorporated areas of the counties described in [the application]” and later specifically prohibits the imposition of build-out requirements. Accordingly, the statute lacks any build-out requirements.
The statute does, however, prohibit state certificated franchisee’s from denying access to service to any group of potential residential subscribers “because of the income of the residents in the local area in which the group resides.” The statute further provides that “cost, density, distance and technological or commercial limitations must be taken into account” in determining whether a violation of the redlining prohibition has occurred. State issued certificate holders are granted “a reasonable time to deploy … service.” Those who believe they have been denied access to services may file a complaint with the Secretary of State.
Conclusion
While the statute does contain franchise, requirements, PEG requirements and customer service requirements – it requires compliance “with all applicable federal customer service requirements” – the statute does not speak to a number of issues common to franchise agreements. For example, the statute makes no provision for bonding requirements or institutional networks.
Additionally, state-issued certificates of franchise authority are also “fully transferable.” Other than the requirement to submit a notice of transfer with the Secretary of State and the affected Local Governments within ten days of the completion of the transfer, there is no obligation to obtain consent to the transfer. In fact, the statute provides that “the Secretary of State is neither required nor authorized to act on the notice.”
State-issued certificates appear to have the potential to relieve incumbent operators from a number of obligations to which they are currently subject. For that reason, strong consideration should be given to seeking state issued certificates as the opportunities present themselves.
http://www.commlaw.com/default.asp?id=118&objId=166
Pursuant to a bill enacted May 23, 2006, counties and municipalities (“Local Governments”) in South Carolina no longer have the authority to issue cable franchises. New franchise applications must now be directed to the Secretary of State.
Local Governments may continue to enforce existing franchise agreements until their expiration. Incumbent franchise holders will likewise remain subject to their existing franchise agreements and cannot avail themselves of a state-issued certificate of franchise authority in areas subject to a Local Government franchise until expiration of such current agreements. That said, the new law does permit incumbents to opt out of such franchises at any time on or after the date that the holder of a state-issued certificate of franchise authority provides notice of service commencement. Additionally, incumbent cable operators may seek authority under the new law to provide services in areas where they are not subject to a current franchise agreement.
Applications for a state-issued certificate of franchise authority must be accompanied by an affidavit and signed by an officer or general partner of the applicant containing the following:
(1) affirmation that the applicant agrees to comply with all applicable federal and state laws and regulations;
(2) a written description of the municipalities and unincorporated areas of counties to be served, in whole or in part, by the applicant, which must be amended by the applicant before the provision of cable service within an area not described in a previous application or amendment; and
(3) the location of the principal place of business and the names of the principal executive officers of the applicant. Holders of a state-issued certificate of franchise authority seeking to expand into new service areas must file amended applications with the Secretary of State identifying the new service areas to be served.
Procedure
The Secretary of State must notify each affected Local Government of its receipt of the application or amended application within five days of its receipt. The notification will request the franchise fee rate to which the incumbent cable operator is subject, the number of activated PEG access channels and whether it consents to the grant. There does not appear to be any requirement that notice be provided to the incumbent cable operator.
Local Governments then have 65 days to respond and must provide an explanation if they seek to deny consent. Where a Local Government responds and does not object, a franchisee must be issued a certificate of franchise authority within 80 days of the request for information with the same franchise fee and PEG access obligations as the incumbent.
Where Local Governments fail to provide the requested franchise fee rate and PEG access information, the statute automatically imposes a franchise fee rate of 2% of gross revenue and absolves the applicant of any requirement to provide PEG access.
If a Local Government denies consent or does not timely provide its unconditional consent, the application will be denied. The only remedy from such a denial is to seek relief under state or federal law in state or federal court.
No Build-Out Requirements
Service under a state-issued certificate of franchise authority must begin to be deployed in each of the areas described in an application within one year of the date of the issuance of the certificate or the certificate becomes null and void.
The statute specifically provides, however, that the foregoing service commencement requirement “shall not be construed to require deployment of service throughout the municipalities or the unincorporated areas of the counties described in [the application]” and later specifically prohibits the imposition of build-out requirements. Accordingly, the statute lacks any build-out requirements.
The statute does, however, prohibit state certificated franchisee’s from denying access to service to any group of potential residential subscribers “because of the income of the residents in the local area in which the group resides.” The statute further provides that “cost, density, distance and technological or commercial limitations must be taken into account” in determining whether a violation of the redlining prohibition has occurred. State issued certificate holders are granted “a reasonable time to deploy … service.” Those who believe they have been denied access to services may file a complaint with the Secretary of State.
Conclusion
While the statute does contain franchise, requirements, PEG requirements and customer service requirements – it requires compliance “with all applicable federal customer service requirements” – the statute does not speak to a number of issues common to franchise agreements. For example, the statute makes no provision for bonding requirements or institutional networks.
Additionally, state-issued certificates of franchise authority are also “fully transferable.” Other than the requirement to submit a notice of transfer with the Secretary of State and the affected Local Governments within ten days of the completion of the transfer, there is no obligation to obtain consent to the transfer. In fact, the statute provides that “the Secretary of State is neither required nor authorized to act on the notice.”
State-issued certificates appear to have the potential to relieve incumbent operators from a number of obligations to which they are currently subject. For that reason, strong consideration should be given to seeking state issued certificates as the opportunities present themselves.
http://www.commlaw.com/default.asp?id=118&objId=166
Houston Divorce Lawyer discusses the Mediation Process
DWI
You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension.
The Patenting Process
If you have come up with a great idea, you will naturally want to keep it safe from thieves. That's
where patents come in. A patent is similar to a copyright (which pertains to books and music) and
trademarks (applicable to brand names as well as logos). A patent is like a lock for your intellectual property. It keeps your ideas secure, so that no one else can claim them as their own.
READ MORE HERE
Mesothelioma And The Dangers Of Asbestos
Mesothelioma is a type of cancer that is common among people who have been exposed to asbestos. Because of this causation, most mesothelioma patients tend to be men of retirement age, who may have worked with asbestos in unsafe conditions three to five decades ago. Nowadays there are precautions in place for working with this dangerous substance.
And since asbestos particles can become trapped within hair and clothes, they can also spread to others. For this reason, there is another group of mesothelioma patients who did not work with asbestos themselves, but who came into regular contact with people who worked
with mesothelioma.
Unfortunately, mesothelioma is very difficult to treat and may not respond well to traditional cancer
therapies. The symptoms are hard to catch, since they are quite common. They include coughing, weight loss, difficulty breathing, and fever.
This is why anyone who thinks they may have been regularly exposed to asbestos particles should be sure to tell their physician. Be sure to let your doctor know if you have worked with asbestos in an unsafe environment (fully protective chemical suits and breathing masks are what
asbestos workers now must wear, so anything less is considered unprotected), or anyone who spent significant time with someone who worked with the material.
Mesothelioma afflicts the cells in the mesothelium, which is the external layer of the stomach, lungs
and heart. That means there are three basic types of mesothelioma, one for each of these organs.
Pleural mesothelioma affects the lung and is the most common of the three types. This makes sense since asbestos particles are easily breathed in and trapped in the lung. Symptoms include shortness of breath, trouble breathing, difficulty swallowing, weight loss, and fever.
Mesothelioma that affects the abdomen or stomach is called peritoneal mesothelioma. Here the symptoms are somewhat different, including vomiting, poor appetite, constipation, swollen or painful belly, and weight loss.
The last type of mesothelioma is that which affects the heart. Here symptoms might include heart
palpitations, severe cough, and trouble breathing. This form of the disease, known as pericardial mesothelioma, is the rarest.
Prognosis is best if the disease is caught early, as with most types of cancer. That's why it's so important to talk to your physician about your medical history and prior exposure to asbestos. But mesothelioma in general has a poor sucess rate, especially when caught later.
Treatments include surgery, radiation therapy and chemotherapy. Also, there are several palliative therapy treatments available that can help alleviate pain associated with the disease.
As with other cancers, there are many mesothelioma treatment clinical trials currently underway around the globe. Doctors and scientists are constantly searching for new ways to treat even such devastating cancers as this one.
There is one silver lining. Since we know what causes mesothelioma, you can easily prevent it by staying away from asbestos, or from people who work with this substance without taking proper precautions. Asbestos itself is not that dangerous until it is broken down, because this allows the particles to float around in the air and get absorbed by the body.
Since it used to be very common in the construction industry it's not uncommon to find it in buildings,
especially in roofs or walls. If you think you have asbestos in your home, don't try to fix the problem
on your own. Call in a professional, since removing and getting rid of the material yourself is against the law. Getting help with this matter may cost a bit more than doing it yourself, but it's well worth it.
Melinda Brindine has worked extensively with sufferers of mesothelioma. She runs the online community, Mesothelioma Y, to provide specialist advice on the threat of mesothelioma. If you would like to know more about mesothelioma then visit http://www.mesotheliomay.com
http://www.houstonlawyer-texas.com/LegalArticles.aspx
You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension.
The Patenting Process
If you have come up with a great idea, you will naturally want to keep it safe from thieves. That's
where patents come in. A patent is similar to a copyright (which pertains to books and music) and
trademarks (applicable to brand names as well as logos). A patent is like a lock for your intellectual property. It keeps your ideas secure, so that no one else can claim them as their own.
READ MORE HERE
Mesothelioma And The Dangers Of Asbestos
Mesothelioma is a type of cancer that is common among people who have been exposed to asbestos. Because of this causation, most mesothelioma patients tend to be men of retirement age, who may have worked with asbestos in unsafe conditions three to five decades ago. Nowadays there are precautions in place for working with this dangerous substance.
And since asbestos particles can become trapped within hair and clothes, they can also spread to others. For this reason, there is another group of mesothelioma patients who did not work with asbestos themselves, but who came into regular contact with people who worked
with mesothelioma.
Unfortunately, mesothelioma is very difficult to treat and may not respond well to traditional cancer
therapies. The symptoms are hard to catch, since they are quite common. They include coughing, weight loss, difficulty breathing, and fever.
This is why anyone who thinks they may have been regularly exposed to asbestos particles should be sure to tell their physician. Be sure to let your doctor know if you have worked with asbestos in an unsafe environment (fully protective chemical suits and breathing masks are what
asbestos workers now must wear, so anything less is considered unprotected), or anyone who spent significant time with someone who worked with the material.
Mesothelioma afflicts the cells in the mesothelium, which is the external layer of the stomach, lungs
and heart. That means there are three basic types of mesothelioma, one for each of these organs.
Pleural mesothelioma affects the lung and is the most common of the three types. This makes sense since asbestos particles are easily breathed in and trapped in the lung. Symptoms include shortness of breath, trouble breathing, difficulty swallowing, weight loss, and fever.
Mesothelioma that affects the abdomen or stomach is called peritoneal mesothelioma. Here the symptoms are somewhat different, including vomiting, poor appetite, constipation, swollen or painful belly, and weight loss.
The last type of mesothelioma is that which affects the heart. Here symptoms might include heart
palpitations, severe cough, and trouble breathing. This form of the disease, known as pericardial mesothelioma, is the rarest.
Prognosis is best if the disease is caught early, as with most types of cancer. That's why it's so important to talk to your physician about your medical history and prior exposure to asbestos. But mesothelioma in general has a poor sucess rate, especially when caught later.
Treatments include surgery, radiation therapy and chemotherapy. Also, there are several palliative therapy treatments available that can help alleviate pain associated with the disease.
As with other cancers, there are many mesothelioma treatment clinical trials currently underway around the globe. Doctors and scientists are constantly searching for new ways to treat even such devastating cancers as this one.
There is one silver lining. Since we know what causes mesothelioma, you can easily prevent it by staying away from asbestos, or from people who work with this substance without taking proper precautions. Asbestos itself is not that dangerous until it is broken down, because this allows the particles to float around in the air and get absorbed by the body.
Since it used to be very common in the construction industry it's not uncommon to find it in buildings,
especially in roofs or walls. If you think you have asbestos in your home, don't try to fix the problem
on your own. Call in a professional, since removing and getting rid of the material yourself is against the law. Getting help with this matter may cost a bit more than doing it yourself, but it's well worth it.
Melinda Brindine has worked extensively with sufferers of mesothelioma. She runs the online community, Mesothelioma Y, to provide specialist advice on the threat of mesothelioma. If you would like to know more about mesothelioma then visit http://www.mesotheliomay.com
http://www.houstonlawyer-texas.com/LegalArticles.aspx
Friday, October 19, 2007
Cerebral palsy hopes and treatments
If you decide to file a malpractice lawsuit against a doctor who has been responsible for your child being diagnosed with cerebral palsy, then you should appeal to a cerebral palsy lawyer. This lawyer is going to give you legal support to get medical compensation that would help you to recuperate or cover the expenses associated with the treatment for cerebral palsy.
Causes of Cerebral Palsy
Did a medical mistake cause your child’s cerebral palsy? This is a cause for thousands of cases of cerebral palsy, but this is not the only cause possible for this diagnosis. If the answer to this question is yes, then you should look back at the time of your child’s birth, the moment of delivery. Here are some of the errors that could have provoked cerebral palsy:
- the child has stayed too long in birth canal (lack of oxygen for brain);
- prolapsed cord undetected immediately;
- excessive use of vacuum extraction;
- improper use of forceps;
- failure to perform a cesarean section (in the presence of fetal distress);
- untreated or undetected disorders after delivery;
- changes in heart rate during delivery – not eliminated in time;
- failure to plan a C-section;
- mother’s high blood pressure etc.
These are only some of the causes for cerebral palsy at a child’s birth, but improperly treated, undetected meningitis is also a cause for this diagnosis, which may appear later.
Cerebral Palsy Lawyers
If you want to choose a lawyer to represent you in a case of cerebral palsy, then you have to find one who has some of the following features that are in your advantage:
- legal experience in medical cases, and medical background to understand cerebral palsy and the consequences of such disorders;
- to help you determine whether a medical malpractice was made, and if you are eligible for the monetary compensation;
- to provide you legal guidelines, and proper legal advice to win the case;
- to know your legal and financial rights;
- to offer you the best legal solutions;
-
Costs for Hiring a Cerebral Palsy Lawyer
The expenses for a lawyer depend on the nature, the extent, and the complexity of the case; they could be calculated on an hourly basis, on the number of appearances in court, or after the process when your lawyer recovered the medical compensation for you (contingency fee lawyers). Cerebral palsy lawyers can help their clients with the cases of negligence not only in the work of hospitals, but also on the part of schools. They charge you with a fee for both legal services and legal advice. Some may offer you an initial free of charge meeting and then after an assessment and detailed investigations they might tell you the whole fee for their services.
You should know that a lawyer with more experience in the field would cost you more than one with less experience. The Internet may be of great help. There are a lot of websites that display pieces of information and online case reviews which give the visitors the opportunity to discuss with a cerebral palsy lawyer who has experience in such cases.At the same time, some countries have associations and NGO’s that are served by lawyers specialized in cerebral palsy cases, and they have more affordable prices.
http://www.articlejoe.com/Article/Cerebral-palsy-hopes-and-treatments/30628
Causes of Cerebral Palsy
Did a medical mistake cause your child’s cerebral palsy? This is a cause for thousands of cases of cerebral palsy, but this is not the only cause possible for this diagnosis. If the answer to this question is yes, then you should look back at the time of your child’s birth, the moment of delivery. Here are some of the errors that could have provoked cerebral palsy:
- the child has stayed too long in birth canal (lack of oxygen for brain);
- prolapsed cord undetected immediately;
- excessive use of vacuum extraction;
- improper use of forceps;
- failure to perform a cesarean section (in the presence of fetal distress);
- untreated or undetected disorders after delivery;
- changes in heart rate during delivery – not eliminated in time;
- failure to plan a C-section;
- mother’s high blood pressure etc.
These are only some of the causes for cerebral palsy at a child’s birth, but improperly treated, undetected meningitis is also a cause for this diagnosis, which may appear later.
Cerebral Palsy Lawyers
If you want to choose a lawyer to represent you in a case of cerebral palsy, then you have to find one who has some of the following features that are in your advantage:
- legal experience in medical cases, and medical background to understand cerebral palsy and the consequences of such disorders;
- to help you determine whether a medical malpractice was made, and if you are eligible for the monetary compensation;
- to provide you legal guidelines, and proper legal advice to win the case;
- to know your legal and financial rights;
- to offer you the best legal solutions;
-
Costs for Hiring a Cerebral Palsy Lawyer
The expenses for a lawyer depend on the nature, the extent, and the complexity of the case; they could be calculated on an hourly basis, on the number of appearances in court, or after the process when your lawyer recovered the medical compensation for you (contingency fee lawyers). Cerebral palsy lawyers can help their clients with the cases of negligence not only in the work of hospitals, but also on the part of schools. They charge you with a fee for both legal services and legal advice. Some may offer you an initial free of charge meeting and then after an assessment and detailed investigations they might tell you the whole fee for their services.
You should know that a lawyer with more experience in the field would cost you more than one with less experience. The Internet may be of great help. There are a lot of websites that display pieces of information and online case reviews which give the visitors the opportunity to discuss with a cerebral palsy lawyer who has experience in such cases.At the same time, some countries have associations and NGO’s that are served by lawyers specialized in cerebral palsy cases, and they have more affordable prices.
http://www.articlejoe.com/Article/Cerebral-palsy-hopes-and-treatments/30628
Thursday, October 18, 2007
10 Critical Tips on How to Hire an Attorney
In the modern world an attorney does more than bail people out of jail. Every business including that of the World Wide Web needs the services of an attorney. But the world is full of attorneys of all kinds and sadly not all are honest.
Since a client attorney relationship is based on trust you would need to only appoint an attorney you are comfortable with and are not intimidated by. Another important consideration is what you need an attorney for. Law is a specialized field and you will need to look for an attorney who practices in the area you need help with.
Before just selecting an attorney at random it would be advisable to familiarize yourself with the way law works. Many states have websites to guide people. Check out everything before you hire a lawyer.
Set yourself a goal to locate a lawyer who you like and trust. One you can confide in and one who will care about what happens to you. A lawyer is in many ways your conscience so choose with care. Think about using a reputed lawyer referral service like this one set up by the Massachusetts Bar Association. http://www.massbar.org/lawhelp/need_lawyer/index.php?sw=539&PHPSESSID=a2735a0409a62282c3588fb94561fa9b .
The 10 most critical things a lawyer must toe the line for are:
1. He must have the proper qualifications and have extensive experience in the field of law you need him for. You cannot choose a criminal lawyer to handle say a divorce case.
2. He must agree to handle your case himself and not assign you to a colleague or assistant.
3. He must be licensed to work in the area and state or country you need him.
4. He must be honest and upfront with you about the case. If he thinks you have no chance of winning he must say so.
5. He must answer your questions clearly and tell you about not just his successes but failures too.
6. He must be well connected in your area other wise the case will be a damp squib.
7. He must not be loose lipped and discuss salient features of your case at social gatherings.
8. He must lay the cards on the table regarding fees and there should be no hidden charges.
9. His experience should enable him to tell you how long he thinks your case will take and what the strong and weak points of your case are.
10. He must make an effort to listen to you carefully, make notes, read your file thoroughly and not just set the file aside, smile at you and shake your hand within minutes to indicate the meeting is over.
What is most essential for you when you step out to hire a lawyer is to do your homework. Ask friends, business colleagues, and others who have ever used a lawyer. Learn how to sift through the chaff and find a lawyer that will suit you most. Do not hire one that charges the lowest fees. Find one that is well qualified, dedicated, and affordable.
http://www.articlejoe.com/Article/10-Critical-Tips-on-How-to-Hire-an-Attorney/27471
Since a client attorney relationship is based on trust you would need to only appoint an attorney you are comfortable with and are not intimidated by. Another important consideration is what you need an attorney for. Law is a specialized field and you will need to look for an attorney who practices in the area you need help with.
Before just selecting an attorney at random it would be advisable to familiarize yourself with the way law works. Many states have websites to guide people. Check out everything before you hire a lawyer.
Set yourself a goal to locate a lawyer who you like and trust. One you can confide in and one who will care about what happens to you. A lawyer is in many ways your conscience so choose with care. Think about using a reputed lawyer referral service like this one set up by the Massachusetts Bar Association. http://www.massbar.org/lawhelp/need_lawyer/index.php?sw=539&PHPSESSID=a2735a0409a62282c3588fb94561fa9b .
The 10 most critical things a lawyer must toe the line for are:
1. He must have the proper qualifications and have extensive experience in the field of law you need him for. You cannot choose a criminal lawyer to handle say a divorce case.
2. He must agree to handle your case himself and not assign you to a colleague or assistant.
3. He must be licensed to work in the area and state or country you need him.
4. He must be honest and upfront with you about the case. If he thinks you have no chance of winning he must say so.
5. He must answer your questions clearly and tell you about not just his successes but failures too.
6. He must be well connected in your area other wise the case will be a damp squib.
7. He must not be loose lipped and discuss salient features of your case at social gatherings.
8. He must lay the cards on the table regarding fees and there should be no hidden charges.
9. His experience should enable him to tell you how long he thinks your case will take and what the strong and weak points of your case are.
10. He must make an effort to listen to you carefully, make notes, read your file thoroughly and not just set the file aside, smile at you and shake your hand within minutes to indicate the meeting is over.
What is most essential for you when you step out to hire a lawyer is to do your homework. Ask friends, business colleagues, and others who have ever used a lawyer. Learn how to sift through the chaff and find a lawyer that will suit you most. Do not hire one that charges the lowest fees. Find one that is well qualified, dedicated, and affordable.
http://www.articlejoe.com/Article/10-Critical-Tips-on-How-to-Hire-an-Attorney/27471
10 Ways to Keep Legal Fees Affordable
Hiring a lawyer is step one when you need legal advice or help. Step two is the most crucial as you need to have a clear idea what the lawyer is going to cost. Most lawyers charge by the hour and rates may vary from USD 60-USD 300 per hour. It depends on the lawyer, the extent of your case, and where the case is to be fought.
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
http://www.articlejoe.com/Article/10-Ways-to-Keep-Legal-Fees-Affordable/27739
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
http://www.articlejoe.com/Article/10-Ways-to-Keep-Legal-Fees-Affordable/27739
Wednesday, October 17, 2007
New York Lawyer can Turn Judge’s Decision in Your Favor
Climbing every stair of legal problems requires the support of lawyer. In fact, a lawyer is meant to guide you through a clean and clear way of achieving a win over your legal problems. Their main task is to represent the client in the court of law and present his side in front of judge. People residing in New York can take the help of New York lawyer in their legal matters. Generally, legal problems crop up when you fall as a prey of fraud or need any medical compensation or want to have divorce from your partner or you have stuck in some immigration issue.
Every other day we get to hear about cases being fought, pertaining to recovery of compensation from your husband or wife. In this matter, lawyer helps you in recovering the compensation without any delay. Generally, there are two parties in a court case. One is the claimant, while the other is the opponent. The job of lawyer is to fight the case with absolute privacy and do suitable justice to your problem. Your lawyer in New York has to be highly skilled and well-experienced for managing your case. It is because more experienced lawyer will be able to judge the situation from many angles, as compared to new one.
Your lawyer should be clever enough to turn the decision in your favor. He should know the tactics and plans, with which he can argue his point and convince the judge that his client in on the right side of scales. Their errands involve collection of relative proves and other things that can turn the result in your favor. To win the case, it is necessary that you and your lawyer should sit together, and discuss the matter with every detail. This will not only help your lawyer in understanding the matter completely, but you will be able to figure out some points that can help you in winning that case.
Now if you have landed in any immigration related problem, then lawyer in New York can help you properly. Such lawyers are specialized in handling immigration cases. The job of immigration attorney involves the handling of documentation, legal consultation and representing the client in the court of law. The immigration attorney has to check that all the paper work of his client is updated, so that no question can be raised on his immigration to that particular place. Immigration is a very complex task and it takes time to get a particular type of immigration visa.
There are various lawyers that offer their services at reasonable rates. While looking out for a lawyer to fight your case, you should take care that he or she is genuine and keeps a complete confidentiality of your details. Another thing to be noticed is that your lawyer should have a good track record. Don’t just hop on a lawyer just like that. It is always better to check out everything related to his performance, so that you don’t land up in problem after handing him your case.
http://www.articlejoe.com/Article/New-York-Lawyer-can-Turn-Judge-s-Decision-in-Your-Favor/33507
Every other day we get to hear about cases being fought, pertaining to recovery of compensation from your husband or wife. In this matter, lawyer helps you in recovering the compensation without any delay. Generally, there are two parties in a court case. One is the claimant, while the other is the opponent. The job of lawyer is to fight the case with absolute privacy and do suitable justice to your problem. Your lawyer in New York has to be highly skilled and well-experienced for managing your case. It is because more experienced lawyer will be able to judge the situation from many angles, as compared to new one.
Your lawyer should be clever enough to turn the decision in your favor. He should know the tactics and plans, with which he can argue his point and convince the judge that his client in on the right side of scales. Their errands involve collection of relative proves and other things that can turn the result in your favor. To win the case, it is necessary that you and your lawyer should sit together, and discuss the matter with every detail. This will not only help your lawyer in understanding the matter completely, but you will be able to figure out some points that can help you in winning that case.
Now if you have landed in any immigration related problem, then lawyer in New York can help you properly. Such lawyers are specialized in handling immigration cases. The job of immigration attorney involves the handling of documentation, legal consultation and representing the client in the court of law. The immigration attorney has to check that all the paper work of his client is updated, so that no question can be raised on his immigration to that particular place. Immigration is a very complex task and it takes time to get a particular type of immigration visa.
There are various lawyers that offer their services at reasonable rates. While looking out for a lawyer to fight your case, you should take care that he or she is genuine and keeps a complete confidentiality of your details. Another thing to be noticed is that your lawyer should have a good track record. Don’t just hop on a lawyer just like that. It is always better to check out everything related to his performance, so that you don’t land up in problem after handing him your case.
http://www.articlejoe.com/Article/New-York-Lawyer-can-Turn-Judge-s-Decision-in-Your-Favor/33507
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