4 Strategies To Help Your Lawyer Assist You To When you want a legal representative at all, you should work closely with them in order to win your case. No matter how competent these are, they're planning to need your help. Allow me to share four important methods to help your legal team allow you to win: 1. Be Totally Honest And Up Your lawyers need and expect your complete cooperation - irrespective of what information you're going to reveal in their mind. Privilege means what you say is held in confidence, so don't hold anything back. Your legal team must know everything in advance - most importantly information one other side could learn about and surprise you with later. 2. Provide Meticulous Records Keep a continuous and factual account of all information associated with your case. Whether it's witnesses or payments being made, provide your attorneys with the data they need to help them win. 3. Arrive Early For All Those Engagements Not be late when you're appearing before a court and prevent wasting the attorney's time, too, when you are by the due date, every time. In fact, because you may need to discuss very last minute details or even be extra ready for the way it is you're facing, it's smart to arrive early. 4. Demonstrate That You Have Your Act Together If you've been involved in any type of crime, it's important in order to convince a legal court which you both regret the actions and they are making strides toward increasing your life. By way of example, if you're facing a DUI, volunteer to get a rehab program. Be sincere and involved with the community the judge is presiding over. Working more closely along with your legal team increases your likelihood of absolute success. Try this advice, listen closely to how you're advised and ultimately, you need to win your case.
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What Type Of Professional Should I Seek In Providing Advice?
I Live In California And I Need Advice Regarding The Following. My Partner Passed Away This Year And We Shared A Couple Of Things Together. Bank Account (Checking) And A Timeshare. He Was Still Legally Married. Who Should File His 2007 Taxes? What Would Happen If His Taxes Weren'T Filed? Also, If The Timeshare Is Sold, Would The Wife Be Entitled To Any Of The Proceeds?
Consult a probate attorney. You will need legal advice and maybe legal assistance to sort out what is yours from what belongs to his wife.
You didn't mention whether he had a will, or whether he or his wife were legally separated or had filed for divorce. Any of those could have an effect on things. California is a community property state, in which everything a man and wife own or owe is legally presumed to be equally the property of the other partner, and in which the property of the one who dies passes to the one who survives.
When someone dies, his bank accounts are normally frozen until the bank receives advice from the court or from the executor, or both. If you and he shared the bank account, his wife will have a claim against some or all of the funds in the account, since she was still his wife. If you claim that some of the money in the account was yours, it will be necessary for you to show records that establish what portion of the account should be credited to you.
It will be the responsibility of the executor of his estate to file his income tax returns for 2007, and if there is a refund, that will belong to his estate. If there is no executor, the probate court may appoint one or his wife will, by default, become the executor. If his tax return for 2007 is not filed, and he owed money to the IRS or to the California Franchise Tax Board (for those who do not live in California, the FTB is our state taxing agency), his wife will be responsible, since they were still legally married.
What happens to the timeshare depends upon who owned it prior to his demise. If you and he owned it as partners, then his wife will be entitled to his share. If the ownership is fuzzy, and not clearly defined, she might be able to get it all.
Whats Better Lawyer Or Doctor?
In Terms Of Difficlty Of Job And Lyfestyle
Lawyer. Long hours, but not as bad as Doctor. Lawyers can schedule things. Docs can't schedule when emergencies or epidemics happen.
What Happens After You Confess After Asking For A Lawyer?
I Love Law Shows Like The Practice And Having Seen Many Episodes Of Many Such Shows, I Wonder: If I'M Accused Of, Say, Murder, And I Ask For A Lawyer At The Beginning Of The Interrogation, All Questioning Should Be Stopped Right Away. Right?
However, In Law Shows The Interrogation Quite Often Continues After The Cops Gloss Over The Request For A Lawyer. (I'Ve Seen This Happen In The Practice, Day Break, Dexter, Law And Order Etc.) What If I Subsequently Confess To Everything, Giving Many Details The Cops Didn'T Even Know... Would This Confession Be Thrown Out Because It Is Illegally Obtained? If Yes, Would It Subsequently Not Be Very Hard To Try Me Again (Assuming Double Jeopardy Doesn'T Apply) Because The Cops Would Not Only Have To Find Other Evidence That I Committed The Crime, But Wouldn'T They Also Have To Prove That It Wasn'T In Any Way Derived From The Illegally Obtained Confession? ('Fruit From A Poisoned Tree')
The police will only advise you of your Miranda warnings if you are subject to custodial interrogation. That means you can't leave, and they intend to ask you questions. Once you ask for an lawyer, they have to stop asking you questions. No ifs, ands or buts about it.. We all know that in the real world, at that point, the interrogation is over. Unless you have your own attorney in the next room, no public defender is going to appear to give you advice. So, you ask for a lawyer and the detectives get up and leave and a patrol officer or two walk you back down to the lock up. No more talking.
If the police are stupid, they will continue to ask you questions. If you answer them, after having asked for an attorney, whatever you say will likely be suppressed. Of course, it will only get thrown out if you tell that to your lawyer and a pre-Trial motion to suppress evidence is filed.
Now, if you ask for a lawyer, and the police stop talking to you, you can always change your mind. If you decide to start up the conversation again, and you specifically explain that you changed your mind, whatever you say will be admissible. I have had that happen many times, especially on cases with co-defendents. One guy will ask for a lawyer, and end up back downstairs in the cell. When his pals are still "chatting it up" with detectives, he might get nervous that they are blaming it all on him. So, as happens very often, he will ask the turn-key to get in touch with the detectives and tell them he wants to talk. When the interrogation resumes, it is necessary that the investigator document that the defendant changed his mind, and specifically declined legal counsel.
Now, just as a side comment. Don't pay attention to the crap yous ee on TV. None of the TV cop or lawyer shows are anywhere near close to reality. I have taken hundreds of confessions from everything from Library Theft to Murder. Any good detective knows what he/she can or can't do. Once the dirt ball um,,, defendant...asks for an attorney, the conversation is over.
Double jeopardy only attaches if you have been found "Not Guilty". If the case is withdrawn by the prosecution, or dismissed at a Preliminary hearing, "Jeopardy" has not attached. And you can eventually be brought to Trial for those charges. That's another thing that gets a little confusing to people who watch cop and lawyer shows.
Can Someone Explain Lawsuits To Me?
I Know The Guy Who Was Completely Embarassed On The Plane Got $206K For Being Made To Stand In The Back, Just Ticked Him Off.
I'Ve Been Injured In A Car Accident, I Was Ticked Off, Treated Badly, Embarassed To Hell & Back, Facing Bankrupcy, Etc, How Come I'M Not Going To Get That Kind Of Money?
Why Isn'T There Some Set Of Standards For These Things?
A lawsuit requires several things or conditions.
1. Something has to have happened to you of a negative nature, whether injury, insult, object or monetary loss, or other types of subjective or objective harm.
Just being "ticked off" probably would get laughed out of court. The guy at the back of the plane might well have had a civil rights violation, which is a lot more than being ticked off. Public embarassment might qualify depending on degree and nature of the event. Physical injury as the result of a car accident absolutely qualifies for lawsuits.
2. A person's action must be directly responsible for causing the negative event.
If a person does things that lead to your being injured in the legal sense, and you don't contribute to the event in any way, and there is no hint of it being an act of nature / act of God, then there can be an argument for cause and effect relationship between the person's actions and your injury. This is tricky and hard to explain other than to say that if you are a klutz and get hurt, a defense against a lawsuit would be that you are klutz and therefore are more likely to be hurt without anyone's help.
3. There must be a way to assign monetary value to the event or to its result.
Property action: Some jerk drives his car into yours while it is parked. You can file a suit for property damage.
Personal injury: Same jerk drives his car into yours while you are in it, whether parked or moving. You are physically injured by the accident. You can file a suit for personal injury.
Civil Rights violation: Many constitutional laws make certain actions punishable through the courts as personal rights issues. For instance, the guy on the plane. Being told to not stay in a particular area - when there was no safety hazard and no other reason to stay in that area -might have been a civil rights violation.
4. A lawyer must be willing to take your case on hearing its nature. If you run into a raft of lawyers who do not want to take the case, you might reconsider its worthiness as a legal action.
The lawyer files the suit. You become the plaintiff, the person or persons who caused you to experience the event become the defendants. You request some type of damages or corrective behavior or perhaps both. The defendant might try to settle out of court for less money than you requested. Or, you can roll the dice with a jury and see how much they want to award you - if anything.
If You Worked In A Law Firm And Were Getting Divorced, Is It Acceptable To Have To Different Lawers In...?
In Your Firm Represent You And Your Spouse? What If You Were Getting Married And You Needed Prenuptial Agreement?
Legally, it's acceptable. It is certainly not advisable. If the divorce is amicable and not terribly involved, I think this would be more acceptable. If not, it would probably not be appropriate.
Most prenups are pretty standard these days. I don't see a conflict in handling one in-house.
Fifth Degree Felony Charge?
A Kid At My School Has Just Been Found Guilty Of 3 Counts Of Trafficking Marijuana. This Is Apparently A Fifth Degree Felony, How Many Years Will He Get? He Is 18.
If it is his first offense he will probably get a plea bargain and deferred sentence. This means if he complies with probation and completes all aspects of his sentence without getting in trouble he will probably get his sentence reduced to a class A misdemeanor or less. The DA generally won't want to ruin this kids life with a felony for a marijuana trafficking charge less involving less than 8oz.
If he already has a criminal record, he will probably get 6 months in jail (and serve 1-2 months of it).
Law student and personal experience. . .