4 Strategies To Help Your Lawyer Allow You To If you want a lawyer for any reason, you must work closely along with them to be able to win your case. No matter how competent they may be, they're gonna need your help. Listed below are four important methods to help your legal team help you win: 1. Be Totally Honest And Up Your lawyers need and expect your complete cooperation - whatever information you're gonna reveal directly to them. Privilege means what you say is kept in confidence, so don't hold anything back. Your legal team has to know everything in advance - most importantly information other side could find out about and surprise you with later. 2. Provide Meticulous Records Keep a continuing and factual account of all information related to your case. Whether it's witnesses or payments being made, provide your attorneys with all the current data they have to assist them to win. 3. Appear Early For All Engagements Never be late when you're appearing before a court and avoid wasting the attorney's time, too, when you are by the due date, each and every time. Actually, because you might need to discuss eleventh hour details or perhaps be extra prepared for the way it is you're facing, it's a good idea to arrive early. 4. Demonstrate You Have Your Act Together If you've been responsible for just about any crime, it's important so that you can prove to a legal court that you both regret the actions and they are making strides toward enhancing your life. By way of example, if you're facing a DUI, volunteer to get a rehab program. Be sincere and linked to the cities the judge is presiding over. Working more closely together with your legal team increases your likelihood of absolute success. Try these tips, listen closely to how you're advised and ultimately, you need to win your case.
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Question About Lonestar Legal Aid?
I Am Low Income And Need To Take Legal Action.What Services Do Lonestar Legal Aid In Texas Offer?Is It Affordable For Low Income People?
Lonestar Legal Aid is one of 3 legal aid services in Texas. Lonestar serves mainly east Texas.
They handle only civil law cases, they are probibited from taking fee generating cases or criminal cases.
You basically apply for their services, they will verify you qualify based on your income, and then within a few weeks they will determine wether or not to take your case. Legal Aid services get hundreds of applications a week and just do not have the resources to help everyone.
Lone Star Legal Aid is at www.lonestarlegal.org they should have monthly clinics throughout the counties they serve.
Business Law Question On Due Process..Please Help!?
11. A Law Is Passed That Bans “The Wearing Of Such Outlandish Clothing That It Causes A Public Distraction.” Most Likely, This Law Would Be Challenged On The Basis Of:
A. Substantive Due Process
B. Procedural Due Process
C. Commerce Clause
D. Equal Protection
I Think The Answer Is Either A Or D..
A, Because Substantive Due Process Says That Law Should Be Clear And Not Overly Broad..
Or D, Because It Says That Everyone Should Be Protected Equally..
Im Confused, Please Help!
Due process says that law should be clear and not overly broad
The 14th Amendment has several clauses which are applied in different ways
Under substantive due process it is:
"No State shall deprive a citizen of LIBERTY without due process of law."
The emphasis is on liberty. When a law interferes with a FUNDAMENTAL RIGHT, the government must demonstrate the purpose of the law and how the law is tailored to achieving that purpose. Some rights are so fundamental that only a COMPELLING STATE INTEREST NARROWLY TAILORED to achieving that interest will survive. This is called STRICT SCRUTINY. Strict scrutiny is STRICT IN THEORY FATAL IN FACT, which means that it will almost never survive. e.g. a law that restricts someone's right to vote.
Procedural due process is
"No STATE shall DEPRIVE a citizen of LIFE, LIBERTY OR PROPERTY without DUE PROCESS OF LAW.
First it must be a state or government action. If the actor is a private company, there is no Procedural due process claim. Next there must be a deprivation, which means that some sort of entitlement must be taken away. If one was not entitled to it to begin with, there is no violation. Next it must be a deprivation of life or limb, liberty, or property or property interest. Finally, insufficient process to challenge the deprivation must have occured. e.g. A welfare board determines that a family no longer qualifies for section 8 housing and evicts them from their home without warning.
The Commerce clause does not deal with the 14th amendment, but Article I of the Constitution. It give congress the power to regulate commerce between the many states. In this case it is the Federal government, and the action must affect commerce between the states or have an AGGREGATE EFFECT on commerce. e.g. cultivation of marijuanna for medical use affects illicit marijuanna use throughout the country. Additionally, a state cannot pass laws which SUBSTANTIALLY INTERFERE WITH INTERSTATE COMMERCE. This is known as the dormant commerce clause.
Equal Protection is
"No State shall deprive a citizen...of EQUAL PROTECTION OF THE LAWS." In this case, there is a classification of two distinct groups which are SIMILARLY SITUATED. One is disadvantaged. Again, a state or the federal government must demonstrate the purpose of the law and how that law is tailored to achieving that end. First, you must ask, does the law make a classification? If so, is that classification based on gender, race, ethnicity, national origin, status as an illegitimate child, or alien? When the classification is based on one of the above except gender, the government must show that the classification was based on a COMPELLING STATE INTEREST NARROWLY TAILORED TO ACHIEVING THAT INTEREST. Once again this is strict in theory and fatal in fact. Classifications based on race, for instance will almost always fail. e.g. segregating inmates in a prison according to race because of racial gangs. When the classification is based on gender the law must be based on AN IMPORTANT GOVERMENT INTEREST CLOSELY TAILORED TO ACHIEVING THAT INTEREST. This is intermediate scrutiny. Otherwise, the law must be RATIONALLY RELATED TO ACHIEVING A LEGITIMATE GOVERNMENT INTEREST, which is not very hard to demonstrate, but such laws can be struck down if they are based on animus towards a group. e.g. laws that prohibit the mentally handicapped from living in a residential housing zone for no good reason would not face muster.
To answer your question:
In approaching your question, you must look to see Is there a classification? That might be people who wear outlandish clothing vs. other people. The classification is not based on gender, race or ethnicity, so not much of a challenge under equal protection. Does the law involve a fundamental right? To dress as you wish is a freedom of expression, so this could involve the 1st Amendment. It could be substantive due process, but the speech does not appear to be protected. If the clothing's purpose was political, religious, or aritistic, it may be better. Does the action affect interstate commerce? It could affect retailers of outlandishing clothing because no one would like to buy the clothing if it is illegal. Because this deals with commerce more directly, it is probably not a good challenge. Is this a State action that deprives a person of property without due process? It is a law, so it is state action, and it deprives a person of their ability to use their property. The vagueness of what "outlandish" clothing means could implicate due process. Part of due process is that you know how the laws will affect you a head of time. When the law is overly broad, it has a CHILLING EFFECT on legal behavior, because no one wants to get arrested.
If you think that a freedom of expression is implicated here, then it is (a). If you think that people are being deprived of their property rights to wear outlandish clothing, then it is (b). For this reason, (a) is a stronger answer I believe. Good attorneys would sue under a, b, and d.
Please Sort This Confusion About State Attorney Office?
Came Across Description Of "District Attorney" In Wikipedia, But I've Come Out More Confused! Please Give Me An Example Or Help Me Answer These Questions?
Can An Ordinary Citizen Present A Case To The Highest District Attorney Office?
Is This Office That Of The Attorney General At The U.S. Department Of Justice?
I'm Trying To Solve A Problem Which Involves Two Local Non-Profit Organizations, One Which Is A Branch Of A National One. It Also Involves One State Agency And Social Security Which Of Course It's An Agency Of The Federal Government.
I Believe This Case I'm Trying To Build Should Be Brought To The Highest Attorney Office, For I Know It Would Be A Complete Waste Of Time Trying To Bring It To Congress Attention.
Any Suggestions And Answers Are Welcome!
A District attorney is usually an elected position held by a lawyer. This person is responsible for Criminal cases prosecuted in their district. In large districts there are Assistant District Attorneys who actually go to the court and prosecute the cases and their boss, the DA oversees and is responsible for their actions. For a case to be presented to them, a law must have been broken (and investigate by the police usually as well).
The attorney general is the top legal adviser of a state and is usually appointed. They will rarely oversee individual cases but their office often has authority over lawyers in the state. They would be concerned about legal problems or legal interest of the state itself.
Now in regards to your problem. I would have to know what crime was committed. Different agencies oversee different things. Non-profits are more often then not concerned with the IRS. If they do not act as non-profits then they might lose their tax free status. If a law was broken the DA will become involved if charges are filed. The DA is publicly elected so yes you can speak to them though their schedule may not be easy to accommodate but they really have no involvement unless a crime is committed. The State Attorney general will have little involvement unless legal professionals violated ethics or law or the state is affected in some way.
Also the Social Security administration oversees social security.
Can Someone With An Expunged Felony Become A Lawyer In Ca?
California does not have any true "expungement" of records. There is a post-conviction dismissal under Pen C 1203.4 for those who successfully complete probation, and there is a Certificate of Rehabilitation for those who are law abiding following release from prison.
However, that said, a felony conviction does not necessarily disqualify a person from admission to the California State Bar. Many people with such convictions--and exemplary lives thereafter--have been admitted. Of course, offenses involving theft or fraud will be looked at more harshly than, say, drug or alcohol offenses.
Why Do Some Folks Hold Such Bad Stereotypes About Criminal Defense Attorneys, Until They Need One ...?
... If Charged With A Crime They Did Not Commit?
Because they don't know what it is all about until they need one...
I have been a defense attorney for some time, and the conversation is always the same when meeting someone new "How can you defend those people?"...The general public just does not understand that the system only works if there are two sides pushing against one another...they think that it is the defense attorney's job to decide whether or not the client is deserving of being defended...
THAT would be unethical and immoral...
An attorney has a duty to zealously advocate for the client. Sometimes that means taking him through trial in hopes of an acquittal..sometimes that means negotiating the best possible deal for the client. What DOESN'T come into play is whether I believe my client to be guilty or innocent. The day I start judging my clients is the day I don't belong in this business.
We get a lot of disdain from folks, but we are the last line of defense for the american public. Without us, the system would be a conveyor belt to prison...a cop decides you're guilty, and puts you on the path to jail...It is my job to hold the police and prosecutors to a high standard so that it isn't too easy for a person to have his freedom taken away.
And to the guy below who thinks that the public defender owes a duty to the public: You are completely wrong. The public defender is paid by the government because the defendant has a constitutional right to effective representation. A public defender has all of the same duties to his client that a private one does. The only difference is that he gets paid a lot less...
What Does The Title 'Senior Counsel' Mean At A Corporate Law Firm?
How High Is That In Terms Of The Rank Of The Individual In The Firm?
Senior Counsel is somewhat of an amorphous title at a law firm. Generally speaking it is a position that is higher than that of an Associate but lower than that of an Equity Partner.
To understand this better it helps to understand the other possible positions one may hold as a practicing lawyer in a law firm and they are as follows:
1. Associate - Sometimes the terms Junior and Senior precede this but basically this is an attorney that works for the firm on a salary.
2. Equity Partner - This is a lawyer who is a part owner in the law firm. As such he or she gets paid a percentage of the firm's net profit. In a successful law firm this is generally considered to be the ultimate career goal within the firm.
3. Contract Partner - This is a lawyer who does not have any ownership interest in the firm but is paid based on hours billed and the amount of client work he or she brings to the firm.
4. Senior Counsel - This is a lawyer that has a status that is higher than that of an associate but lower than that of an Equity Partner and in some firms, a Contract Partner. It is a title granted under numerous circumstances.
One of my friends was made Senior Counsel at a large prestigious law firm based on the fact that she was an extremely efficient, effective and well-liked senior associate within the firm but was not really partnership material because of her lack of client production and need to cutback hours to spend more time caring for her 3 children. Rather than lose her the firm offered to make her Senior Counsel, cut back her hours and have her paid on an hourly basis with full benefits.
Another friend was promoted to Senior Counsel because the firm was not prepared to offer him equity partnership but he needed to have a better title for marketing purposes as the only attorney who had the legal skills and ability to produce clients in a particular area of law, and because he needed more administrative control over his client relationships (which he was granted as part of the promotion). As part of that promotion he also received a percentage of all money collected for clients he produced for the firm.
In many firms when an Equity Partner's productivity goes down, he or she may often be downgraded to a Senior Counsel position. He or she may continue to draw income based on productivity, but is no longer an owner of the firm and generally speaking makes less money than when he or she was an Equity Partner. This is often an interim position prior to retirement for former older Equity Partners.