3 Methods To Know You've Picked The Right Lawyer It's pretty intimidating to undergo the legal court system, particularly if you lack confidence in your legal team. Listed here are three important methods to know that you've hired the proper lawyer: 1. They Focus On Your Sort Of Case Legal requirements is usually tricky which requires specialists to tackle the tough cases. If you want a lawyer, try to find one that deals with the issue you're facing. Regardless of whether a relative or friend recommends you make use of a strong they know, once they don't have got a focus that's much like your case, keep looking. As soon as your attorney is definitely an expert, especially in the trouble you're facing, you know you've hired the right one. 2. The Lawyer Features A Winning Record Dependant upon the circumstances, it might be challenging to win an instance, especially if the team working for you has little to no experience. Search for practices which have won numerous cases that relate to yours. Although this is no guarantee which you case will be won, it provides you with a much better shot. 3. They Listen And Respond If the attorney you've chosen takes some time to listen for your concerns and reply to your inquiries, you've probably hired the best one. Regardless of how busy they can be or how small your concerns seem using their perspective, it's important that they react to you within a caring and timely manner. From the aim of look at a regular citizen who isn't knowledgeable about the judicial system, court cases can be pretty scary you require updates and also to seem like you're part of the solution. Some attorneys are simply more desirable to your case than others. Ensure you've hired the best team for the circumstances, to ensure that you can place the matter behind you as soon as possible. Faith within your legal representative is the initial step to winning any case.
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Car Insurance And Attorney?
I Need Help In Selecting An Attorney! I Had Insurance On My Truck...Long Story Short... It Was Stolen,Found And Considered Total Loss And The Insurance Company Offered To Pay For The Truck But Not For Any Aftermarket Items! (Stereo System Over $4000!) The Aftermarket Items Were In The Policy Before My Truck Got Stolen And I Was Told That Since The Truck Was Considered Total Loss That They Wouldnt Pay For Anything Else! I Checked The Contract And There Is Nothing That Says That They Wouldnt Pay For Aftermarket Items Incase Of A Total Loss...... What Steps Should I Take To Attemp To Get Paid For The Truck And The Aftemarket Items??????? What Kind Of Attorney/Lawyer Should I Contact???????
Lawyers love to hate insurance companies. With the exception of other lawyers, there is nobody they'd rather sue. If you walk into any lawyer's office and tell them you want to sue your insurer, they're going to smile and say "no problem" before they even ask why.
But keep one thing in mind: In most lawsuits (injuries are a different matter), the lawyer still gets paid if you lose. And you can lose. Before your lawyer says "no problem", you'll want to veify a couple of things.
First, check out exactly where your aftermarket parts were mentioned on the policy - and if any extra premium was charged for them. When insurers cover expensive aftermarket parts on a vehicle, they usually charge for it. If you see a premium charged for any increased value, you've got them dead to rights.
Next, go into the policy wording itself. Not your declaration pages and billing statement, the entire insuring agreement. If you don't have one, ask the insurer for a copy and they have to provide it for you. You'll want to look at the exclusions (loss or damage not insured), limitations, statutory conditions, and available endorsements. It's going to take a while, but look for anything mentioning after-market equipment of any kind and see what it says.
In most states and provinces, additional / upgrade equipment is not automatically included in the policy. It doesn't matter that this stuff was installed on the vehicle when they started insuring you, because they're only covering the original vehicle in the contract. Some places have automatic limits for extra equipment, but just about everywhere has it written that covering extra value means they charge extra premiums.
I'm only suggesting that you look into this because a lawyer costs a lot more per hour than you do. And lawyers always get paid.
Why Is Legislation / Employment Law Important In Upholding And Protecting The Rights Of Both Employer/Employee
This Is Part Of My &Quot;Work Within Your Business Environment&Quot; Study For A Degree. I Need Some Brainstorming Ideas Here...
Employment Law is a very complicated field of law. It is also very misunderstood.
Employment law in the United Kingdom
During much of the Nineteenth century the employment contract was based on the Master and Servant Act of 1823, designed to discipline employees and repress the 'combination' of workers in Trade unions.
Employment Law in the United Kingdom has developed rapidly over the past forty years, due to a historically strong Trades Union movement and to the United Kingdom's membership of the European Union. In its current form, it is largely a creature of Statute, (Acts of the UK Parliament) rather than Common Law.
Leading Employment Law Statutes include the Employment Rights Act 1996, the Employment Act 2002 and various legislative provisions outlawing discrimination on the grounds of sex, race, disability, sexual orientation, religion and, from 2006, age.
Unusually for UK legislation, the operation of the Employment Law system is broadly similar across the whole of the UK. There are some differences in the common law between England & Wales and Scotland and, in addition, Northern Ireland has extra anti-discrimination legislation.
Summary of Internal Employer's Process
After the employer's own processes, such as disciplinary hearings and internal appeals, have been exhausted, employment law cases usually start by the aggrieved employee presenting a complaint to an Employment Tribunal (ET). These (as Industrial Tribunals) were set up under the 1964 Industrial Training Act, although they now have a substantially greater role and do count as courts. They have sometimes been referred to as industrial juries.
Northern Ireland offers a Fair Employment Tribunal and an Industrial Tribunal. These are administered by OITFET - the Office of the Industrial Tribunal and the Fair Employment Tribunal.
As from 1st October 2004, both employers and employees will be required to follow a statutory dispute resolution procedure when effecting dismissals or dealing with grievances. A failure by the employer to follow the procedure results in the dismissal being automatically unfair and an enhancement in any compensation payable to the employee. A failure by the employee in following the procedure results in a possible bar to bringing tribunal claims or a reduction in any compensation payable.
Summary of Tribunal Process
Generally speaking a tribunal will hear specific complaints about an aggrieved party being deprived of their rights, including (but not limited to) unfair dismissal.
In short, a claim is submitted, a response is required by a certain deadline, any preliminary issues are dealt with at a case management conference or a pre-hearing review, a period of time is allowed for ACAS (UK) or the LRA (NI) to explore settlement options, and then the tribunal orders are sent out after the ACAS conciliation period has expired leading to a full merits hearing of one or more days. Complex cases that are not resolved in one day are carried over to a remedy hearing at a later date to discuss the award only. A judgment is then sent out with the parties given 14 days to ask for written reasons behind the decision (unless they ask on the day).
Complaints to Tribunal and Time Limits
A complaint of unfair dismissal can only be made where there has been a dismissal, so that there is no general right to complain of unfair treatment. An employee may, however, complain at any time that they consider a statutory 'employment protection' right has been infringed. Where this takes place in connection with a dismissal an employee may combine this with their complaint against the dismissal.
Except where no qualifying time limit applies (as in the case of 'statutory rights') an employee needs to have worked for their employer for a least a year in order to make a complaint of unfair dismissal to an employment tribunal. In addition, a claimant may raise a complaint of discrimination without claiming dismissal or whilst also claiming dismissal but without one year of service. Claimant's with less than one year's service may find their unfair dismissal claim is brought to a pre-hearing review where they are asked to explain why they feel they can bring a claim without a year's service, i.e. dismissal due to a public interest disclosure or for being a trade union member. Most tribunal offices however write to the claimant upon receipt of their claim form telling them that they have 14 days to show why their claim should be heard, otherwise the chairman will strike out the claim.
In certain circumstances, an employer's conduct could be such that an employee is entitled to resign in response and to regard that as an unfair "constructive" dismissal. Failure by an employer to extend a fixed term contract can also be an instance where a claim for unfair dismissal may be made.
Employment regulations play a key role in the development of any business. Sometimes, building a team with complementary skills involves little more than a quick chat with someone who has been introduced to them by a business associate. No psychometric tests, references or formal contracts of employment here.
Often, employees or team members are taken on without sufficient protection in terms of valuable intellectual property or a means to prevent ´moonlighting´or unfair competition when they leave.
Emerging businesses and entrepreneurs can have the basis of a fantastic business, but, once they start employing people, things can go wrong.
Employees can rip companies off by stealing their ideas or passing them on to subsequent employers, who have not invested heavily in the underlying research and development.
Even if employees do not take ideas or indulge in unfair competition, poor performance can itself damage the business.
Not only that but any attempt to discipline or improve the errant employees can lead to employment tribunal claims, where, for example, unlimited damages can be awarded where discrimination is proved.
The year 2003/4 saw 115,000 employment tribunal claims in the UK, of which over 31,000 resulted in a hearing. Any trouble like this is inevitably a very disruptive and costly event for any business with limited management resources.
The stakes are high. Though the average settlement was £7,275, some race and sex discrimination claims resulted in awards against employers of around the £0.5m mark.
Traditionally, smaller and emerging businesses have adopted a reactive approach. Employment lawyers are called in when an errant employee claims the rights to technology developed in his or her employment or where a tribunal claim is threatened.
It is much better to make sure that he or she has the necessary employment contracts in place and the appropriate procedures.
Contracts should specifically address the issue of research and development and who owns the rights to such material etc. Normally, this will be the employer, but it is unwise to rely solely on this generalisation.
The procedures covered should include those for grievances and disciplinary matters. Commonly, equal opportunities, bullying, harassment and even the use of company emails are also covered.
From stealing ideas and information through to the incorrect use of emails, the risks are significant.
For further information please refer to the below Source List
How Can I Find A Pro-Bono Attorney For A Family Law Case In Oregon?
A Great Injustice Is Being Done To My Daughter, Who, Because She Can'T Afford An Attorney Her Rights Are Being Totally Violated By This Small Town Court System...Someone Please Help!!!
Look in the yellow pages for Legal Aid. Most larger cities (if there is one near you) have Legal Aid organizations that are charities and they do only pro-bono work.
They will look at your / your daughters financial situation and the merits of the case and will probably advise you and perhaps help you with the case. It won't cost you anything.
What Would The Best Major Be To Become A Tort Law Attorney?
I Want To Work In A Big Firm Doing Tort Law Or Litigation. I Was Wondering What The Best Education Before Law School Would Be. Any College, Majors, Minors, Or Any Other Suggestions Would Be Really Helpful. I Need To Know Specifically What To Take While In College.
I am pre-law as well and I am majoring in English, with a minor in History (because that interests me). I plan on becoming a probate attorney and I know that a political science, although popular for pre-law students, is not really looked upon as a wonderful choice. English is a great major to have in my eyes due to the simple fact that you are doing a massive amount of reading, writing and analyzing; all of which you are going to have an abundance of in law school.
At this point, there is no real needed emphasis on becoming the type of attorney that you want to be. That will come when you are in law school. Yes, you will have required courses, but you will still have a certain level of "electives" where you can take classes that have emphasis on tort law.
Good luck to you and all of your future studies.
Free Legal Advice? Illustration And Graphic Design?
I Posted An Ad To Hire An Artist For A Mascot Based On A Compilation Of Images Provided By Me Along With A Detailed Description. One Applicant Attached A Sample Of What They Can Do. It Was A Rough Sketch. I Loved The Sample Art However Their Pricing And Expectations Were Not Reasonable. Since This Sample Art Was Provided To Me Free Of Charge With No Expectations, Is It Illegal To Have A Mascot Created In A Very Similar Style? I Would Think Not, But I Wanted To Be Safe. Should I Offer The Artist Credit For 'Concept Art?' Thanks.
Nobody here is giving any "legal advice", free or otherwise...
Short answer: that would be illegal, not to mention unethical.
The laws for what you're describing are pretty clear: the person who created the original work owns the copyright, which includes the exclusive right to make copies, publish or distribute them, adapt them, or to display or perform them in public. Copyright is free and automatic and does not require © markings or registration.
That said, the applicant owns the copyright of the art he or she sent to you. If you were to "adapt" it from a sketch into a 3-D mascot, that would be a copyright infringement.
They would only "own" the parts that they created, so someone else would still own the copyright of the compilation of images you provided, as well as copyright on each individual image.
The basic rule on any copy that was given to you (of anything copyrighted) is that your possession of the copy has NOTHING to do with ownership of the copyright. Even if it is a unique artwork, like a stone sculpture, your acquisition of the only existing "copy" (chiseled in stone) would give you no particular right to have a copy made, because the original artist still owns the copyright on the creative work.
In The State Of Maryland If A Child Is In A Car Accident And Is Awarded Personal Injury Claim Can The Parents Use Some Of The $ 2 Buy A Home?
Yes. But I'd think they may want to put the child's name on the title, just to show they aren't converting it.