America – By the People, For the Lawyers!

In our founding documents it states that the United States of America is a nation built by the people and for the people. Unfortunately most of the laws in our society and civilization have been reshaped by lawyers and sometimes in a self-serving way. One cynical person in our online think tank stated; “America; By the People, For the Lawyers!”

Of course immediately one of the lawyers in the group labeled him a cynical person, which he immediately admitted freely. But he said; “just because I’m a cynic does not mean I am not correct.” So the question is what do you think? This is an article of pure opinion as you can tell.

Are we still a nation built by the people and for the people or are we a modified hybred; being built by the lawyers and for lawyers. If lawyers make our laws and we have to hire a lawyer to tell us what those laws are and then hire another lawyer if those laws are inadvertently or accidentally broken then who are we truly serving; ourselves “The People” or the lawyers to whom we have to pay money to for advice on how to live or run our businesses.

The cynic in the group suggested that in his business, which is a successful construction firm, he had to call his lawyer every time he wanted to use the company restroom to make sure it was okay? Indeed, it has not got that bad yet, but it surely could at the present rate in my humble opinion.

I certainly hope this article is of interest and that is has propelled thought. The goal is simple; to help you in your quest to be the best in 2007. I thank you for reading my many articles on diverse subjects, which interest you.

Law on Your Terms – Become the Lawyer You Want to Be

In the macho environment of the law, to express any lack of confidence, vulnerability or self-doubt has traditionally been regarded as weakness. Many women lawyers who were regarded as reliable and 100% capable suddenly find that their commitment is challenged (through no fault of their own) when they start a family.

So, what would it take for you to become the lawyer you want to be?

Refocus on what is really important to you. Build your resilience and re-energise.

Action Steps

1. Make a list of everything that is important to you about your career. What have you achieved over the last 5 years? What are your strengths and weaknesses? How can you turn you weaknesses into strengths?
2. What would being a lawyer on your terms look like? How would your life be different? Spend 10 minutes thinking and writing down your goals – short, medium and long term
3. List all the things that are likely to block your progress
4. Separate the blocks into those that you can influence and those that you cannot
5. Decide to let go of everything out of your control
6. Concentrate and only use your energy on those things that you can influence
7. Commit to taking one small step every day towards your goals
8. Remember to be successful you need both technical and “soft skill” expertise
9. Review your progress regularly
10. Enlist the help of a mentor (inside or outside your organisation). Use them as a sounding board and cheerleader to spur you on or give you that extra boost when your confidence dips.

Use these 10 steps to become the lawyer you want to be in 2009!

How A Good Bankruptcy Lawyer Can Help You

Bankruptcy laws are extremely complicated and nearly impossible for the average person to understand. With the new bankruptcy laws that have been recently put into action, the laws have become even more complicated. This is why it is important to hire a bankruptcy lawyer if you are considering filing bankruptcy. He or she can help you choose the right chapter of bankruptcy for you.

A bankruptcy lawyer specializes in the laws as they pertain to filing bankruptcy. However, not every lawyer is versed in the laws of your particular state. That is why it is very important to go with a local lawyer who is familiar with the bankruptcy laws of your state. The laws can be considerably different from one state to another. So make sure that the lawyer you choose not only has experience working in your state, but is licensed to work with cases in your state as well.

When choosing a bankruptcy lawyer it is important that you feel comfortable working with him or her. Filing bankruptcy is a very emotional and life changing experience. Therefore, you will want a lawyer that understands what you are going through. An experienced bankruptcy lawyer will know exactly how to handle any of your concerns or fears. One of the best ways to get a feel for your lawyer is to interview him or her. Be sure to ask plenty of questions so that you have a complete understanding where he or she stands on certain matters. Also, be sure to ask what their success rate is and if he or she has handled cases similar to yours before.

When filing bankruptcy, your budget will be a key element. Therefore, you will want to make sure you have a full understanding of any and all fees your lawyer will be charging. Generally speaking, a bankruptcy lawyer charges a sizable fee for his or her services. You will be responsible for paying for the actual bankruptcy, which varies depending on what type you file for. Chapter 7 bankruptcy runs around $300. Then, your lawyer will charge approximately $1000 to $2000. If the fee is too high, you will want to consider another lawyer. But keep in mind that legal services are going to cost something, and it may be to your advantage to pay a bit more for an excellent lawyer, rather than paying much less for a bankruptcy lawyer with far less experience.

Picking a reputable bankruptcy lawyer is crucial to the outcome of your case. Therefore, you do not want to choose a lawyer at random. Picking a lawyer blindly out of the phone book could have a negative impact on the overall outcome. When choosing a lawyer, ask family and friends for recommendations. Although they may not have personally filed bankruptcy, they may have another friend who can recommend someone. So be sure to ask around. If you cannot find a personal recommendation, you can check with the Better Business Bureau to see if they have had any negative feedback on a lawyer you are considering.

Do not pick out a bankruptcy lawyer at the last minute. Be sure to do some advance planning and research. Otherwise, if you pick a lawyer at the last minute you could end up with a lawyer who is not experienced in the area you need or whom you do not feel comfortable working with.

No one likes to admit that they need help. However, when filing bankruptcy it is essential that you work with a lawyer who specializes in the field of bankruptcy. He or she can help make the overall process a lot smoother and easier. With the laws that are in place today, it is vital that you have an experienced lawyer who has a full understanding of the laws and can help you through the bankruptcy process.

Had A Car Accident – Do You Need A Car Accident Lawyer?

A car accident isn’t just a physical trauma – it can be a huge financial and legal burden as well, especially if you don’t have knowledgeable legal help in your time of need. Whether the car accident was your fault or not, it’s a good idea to get in touch with someone who can help you through the difficult and often confusing time that follows an auto accident.

So, what is a car accident lawyer?

A car accident lawyer is an attorney that helps to level the legal playing field after a car accident by informing you of your rights and responsibilities, and providing information on personal injury law and accident claims. Some circumstances surrounding a car accident require that a lawyer be involved, simply because of the complexity of dealing with the issue.

For instance, if you or anyone in your car was injured in the car accident, particularly if there is a permanent injury or an injury that results in lost income from work or lost time at school, a lawyer can help to recover some of these damages by filing a claim against the party responsible for the injuries.

The help of a lawyer should also be sought after a car accident if:

oThe car accident has resulted in an injury, particularly a serious injury such as broken bones or any other injury that will require hospitalization.

oThere has been a death resulting from the car accident.

oThe official police report appears to not accurately represent the car accident and its circumstances – particularly if the report puts you at fault.

oThe car accident occurred in a construction area.

oThe car accident involved bystanders or pedestrians.

oYour liability insurance will not cover the entirety of the damages.

oYou have no insurance.

oYour insurance company brings it their own lawyer. If this happens, immediate legal help should be found. It’s an emergency.

But an injury isn’t the only reason to contact a lawyer after a car accident. While a car accident such as a fender bender that doesn’t result in much damage probably doesn’t require a lawyer, a more complicated accident with more damage may require the help of a lawyer to navigate the murky waters of insurance claims, police reports, and liability.

In order to help your case, it is important that you not wait to seek the help of a lawyer and file a claim. Waiting too long to begin legal action might keep you from receiving the compensation that you deserve. Statutes of Limitation vary from state to state, and can limit the amount of money that you can recover, or eliminate it completely, whether you have the help of a lawyer or not.

Be prepared when you meet with a lawyer. Take any necessary documents, insurance information – both your own and that of the other party. Take the names of any witnesses there may have been, any photographic evidence taken at the scene, and a copy of the official police report. Any information can help your lawyer to help you, so be sure to prepare your documents before meeting with your lawyer for the first time.

This can be a profoundly difficult time for you and your family. With lost income and physical pain, there is no need to compound the suffering of you or your loved ones by having to go through a trying time alone. It’s important to know when to ask for help, and particularly when to seek the help of a trained professional, such as a car accident lawyer. Look for help from a trusted source.

When you find yourself in need, call or visit http://www.1800askgary.com for the kind of support that you need and deserve.

Tips to Find a Good Bankruptcy Lawyer Who Will Provide the Necessary Legal Services

Bankruptcy is quite a serious matter and there is nothing worse for an individual or a corporation than having to file for bankruptcy. It can affect many people and ruin their careers and lives and render them completely helpless. The very word bankruptcy means a legal state of being unable to repay debts that one owes to the creditors. It is also sometimes referred to as insolvency. It can happen to both individual and organizations. Creditors will normally file a bankruptcy petition in an endeavor to recover a part of the money payable to them by the company or organization when bankruptcy happens to an organization. When it happens to an individual then they get buried in so much debt that they find it impossible to recover from it, and have no other option but to file for bankruptcy.

Therefore, whether it happens to an individual or an organization, it is absolutely necessary to seek the services of a bankruptcy lawyer who is well acquainted with bankruptcy law and will be able to shield you against the petition filed by the creditors. The bankruptcy lawyers are quite expensive and they will only render their services once you convince them that it is possible for you to bear their fees, and pay them on time. But since they are expensive and since your entire financial future depends on their expertise you should be careful as to whom you hire and follow some guidelines while looking for a good bankruptcy lawyer.

  1. The first step in hiring a bankruptcy lawyer is to look for an experienced lawyer who has the necessary expertise to handle any kind of bankruptcy. Remember that your future is in the hands of this individual who will represent you in the court of law. It is their knowledge and expertise which will determine how your case unfolds in the court and what is your chance of winning the case.
  2. It will be prudent to do some background research before you hire an expensive bankruptcy lawyer. Ask your colleagues, friends, neighbors, or any of your acquaintances who have gone through the same ordeal or knows someone who have required the services of a bankruptcy lawyer. Internet search can also throw back results about the lawyers in your location and their specialties. Yellow pages can also be a good source from where you can get hold of a lawyer. Any bankruptcy lawyer that is working in your area should be listed there and hence as per your requirements you can get the contact details of such a lawyer. Just look into the bankruptcy section and you will immediately give a list of all bankruptcy lawyers in your area.
  3. Once you have listed the lawyers in your area, it is time for some background checks on the list and then pick one from the list. Through the internet, it is easy to get information on the lawyers and their case histories, their success rate, and client feedbacks. You can also ask for a review on the lawyer you are interested in, by calling up the court and asking them for a review. You will also be able to check which bankruptcy lawyer has the majority number of winning cases. Also important is to find out which bankruptcy lawyer has the maximum experience of working in your area and the local court, because that will mean that the particular lawyer will have good rapport with the court officials. Hiring lawyer who has a winning streak but belongs to another state is a bad idea, because laws change from one state to another and a lawyer who is working in another state may not be successful in your state, as he won’t have enough information to fight your case.
  4. A consultation session is a must once you have shortlisted two or three lawyers. You can always cal up and request them to meet you for a consultation session. These sessions are usually free of the lawyers’ billing time. If a lawyer demands money for this session, it will be best to avoid that lawyer. This session will be the deal maker, and will certainly help you make that final decision regarding which lawyer is best suited to fight your case.

The current world is dominated by credit card users, and people fall into debts because it is difficult to keep a check on the spending for most people who enjoy the good life. But the result can be huge debts which have led to the increase in bankruptcy petitions which in turn has resulted in an increase in demand for bankruptcy lawyers. The above tips can be used as a guideline for finding the right lawyer as there are risks for a lay person without any knowledge of legal matters to bump into a money grabbing legal monster who is only interested in making a few extra bucks while offering poor legal services in return.

The Work of a Commercial Lawyer

Commercial lawyers are legal professionals who specialize in helping small and large businesses. They are your most useful resource if you ever need assistance regarding legal-related matters. You can always consult with them if you have issues pertaining to properties, taxes, zoning compliance, intellectual properties, and a host of other subjects. On top of that, they are capable of defending you in case you encounter lawsuits from an employee, a business partner, or even your competition.

Competent commercial attorneys are highly knowledgeable on the laws required to protect your best interest and to help you achieve your business goals. To illustrate further, here are some examples of what commercial lawyers do and how they can be a big benefit for your business.

Help you deal with contracts.

As a business owner, you will encounter many different kinds of contracts ranging from those you sign with employees and suppliers, to contracts with partners and customers. Your contracts have to be fair for everyone involved and so you may need the advice of a commercial lawyer. In the same way, you may want to have a lawyer examine the fine details of various contracts being offered to you before affixing your signature.

Organize your business better.

For big businesses, having the right organization is crucial towards achieving long-term success. A commercial lawyer can give expert insights regarding which kind of organization will be most effective for your company’s set-up. Some of the options you can consider are corporation and limited liability company. Your attorney will help you see the pros and cons of each alternative. On top of that, all the necessary documents will be prepared to make sure that the business can run without any legal repercussions.

Acquire properties with greater ease.

Thinking of expanding by acquiring an existing business or property? The process will be so much simpler if you ask for the assistance of your lawyer. The paperwork will never be a headache for you anymore and you will get the chance to look at different angles of the deal. You will be able to avoid falling victim to any potential loopholes once a good lawyer is working side-by-side with you.

Try looking up your local phonebook to see a list of commercial lawyers in your area. Additionally, you can also use the internet to browse information straight from the official law firm websites as well as law-related blogs and sites.

Asbestos Mesothelioma Legal Information and You?

Facts you need to know regarding asbestos mesothelioma legal information? Asbestos is classified as a naturally sourced mineral. It’s been utilised for many years for assorted reasons such as in building components, small appliances, insulating materials and vehicle components. It’s used in shipyards, manufacturing plants, railroads, industrial facilities as well as in other places. It is known as extremely resistant against deterioration and is a great insulator next to high temperature.

However, asbestos has some properties that make it harmful to any person handling it. It has been known to cause of various cancers, such as lung cancer and mesothelioma. The latter is a rare form of cancer, also known as asbestos cancer. The mesothelium is the lining of some cavities and organs. The mesothelia most affected by exposure to asbestos are those of the heart, lungs and intestines.

According to statistics, Mesothelioma kills about 3000 people annually. This kills 3% to 5% more males than ladies. This is mainly because men constitute a larger portion of the workforce than women. This cancer also has a latency period. It takes a long time to develop, sometimes even decades.

Individuals with Mesothelioma have numerous legitimate options to obtain settlement. Affected persons are encouraged to file lawsuits for compensation. There are two types of asbestos cancer lawsuits: personal injury and wrongful death. In the former, a person with mesothelioma cancer files a claim for damages, ranging from loss of wages, past and present medical expenses and pain and suffering. In the latter, survivors of a deceased victim of this cancer may file a wrongful death claim, for the premature death of their kin. The claim covers earnings, companionship, protection as well as treatment providers. In the US, regulations pertaining to these lawsuits differ from one state to another.

For many years, companies that used asbestos never educated their employees on the risks of dealing with this well-known carcinogen. Consequently, many employees contracted diseases due to overexposure, while companies got away with their negligent behavior. Today, however, things are different. Persons that worked in such companies can now file lawsuits seeking compensation, even though they no longer work there anymore. Compensations from such claims are large enough for the patient and their family as well.

In addition, the US government protects people with disabilities. Patients suffering from Mesothelioma cancer are eligible for disability compensation. They are able to secure compensation by submitting a social security disability lawsuit claim, seeking financial help. They may also pursue a similar disability claim privately with an insurance company, through their employer’s insurance policy, or an existing life insurance policy. In some instances, health insurance should provide monetary compensation to help offset some of their medical costs. In the event the insurance company declines to do so, one may file a lawsuit for unmerited insurance practice.

It is advisable to seek the services of a lawyer for asbestos mesothelioma legal information who is well acquainted with similar lawsuits and who is able to work around the legal intricacies of such cases. Victims of this disease no longer need to suffer unnecessarily as there are many legal options available to them now.

Copyright (c) 2010 Daniel K Voyles

The Credentials of Any Good San Diego Criminal Defense Lawyer

The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don’t want someone “practicing” or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.

The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn’t necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.

You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.

You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.

Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.

In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn’t up to the task you won’t find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don’t ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: “Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?” You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.

Where to Find Asbestos Mesothelioma Legal Information

People today have different reasons for looking up asbestos mesothelioma legal information. Some have suspicions regarding various symptoms that they feel while others do not just have suspicions but already have confirmations. These people are often quite confused and are looking for guidance regarding the things that they should do. They see information and knowledge as the only way they can actually use. If you are one of those people, or just someone doing research, then you should know that getting accurate asbestos mesothelioma legal information is quite essential mainly because the topic is dealing with health related issues.

Here are some tips to help you out:

1) Consult a lawyer – Where else do you get asbestos mesothelioma legal information than from someone who is an expert in all manner of legalities. Of course, finding a good lawyer to get your information from can be quite hard, especially today when a lot of lawyers are looking to get some cash from asbestos litigation. By consulting a lawyer who actually has had experience handling mesothelioma cases, then you will be able to make sure that you are not be wasting your time talking to that person.

There is, however, an issue regarding how fair any sort of asbestos mesothelioma legal information that comes from any lawyer is. This is because of the fact that lawyers are always on the constant lookout for new clients. Even a simple inquiry for asbestos mesothelioma legal information may end up with you retaining that lawyer’s services simply because of the amount of marketing that he or she has placed within the information. When you get asbestos mesothelioma legal information from a lawyer, be sure to try and screen out the propaganda.

2) Go to a library – If you are still just scanning various places for asbestos mesothelioma legal information simply as an initial guide to help you decide whether to litigate or not, then the library should give you all the information that you will need. Any sort of library will surely yield some sort of asbestos mesothelioma legal information that you can use. However, if you are truly looking for in-depth studies of asbestos litigation, then you should try to look at various law libraries. By researching in a law library, you will be able to access the actual materials that some lawyers use when they are preparing for a case. However, this may also mean that you need to actually research like a lawyer and get down and dusty with the different books. Although this may seem like dreary work, the end product is definitely worth it.

3) Go to the internet – Many people today are turning to the internet for the majority of their information needs. This is because the internet may contain pages upon pages of the asbestos mesothelioma legal information that you need. However, as with consulting lawyers, this type of information can be pretty hard to verify if it is fair or not. This is mainly because a lot of people see the internet as a chance to dupe others. Some lawyers place asbestos mesothelioma legal information that helps them convince people that the only solution to their problem is litigation. Some companies under fire also use the internet to scatter false information which could deter people from pursuing any inquiries.

When you have found the asbestos mesothelioma legal information that you want, what are you to do with it? Well, as said before, people use information in different ways. However, on the off-chance that you are one of those people who are looking for asbestos mesothelioma legal information in order to help them find some sort of stability amidst the chaos of both the disease and the legal implications thereof, then you should definitely think of what to do with the information you have gathered.

The first thing that you have to think about is how the information applies to you. Which pieces of the asbestos mesothelioma legal information that you have gathered can you actually use and just how might you be able to utilize them? Knowing this will help you focus the specifics of your case if you ever choose to litigate. The next move that you need to make would be to consult a lawyer and retain his or her services. Remember to pick a good lawyer to help you with your case. Think of all the research you did as preparation. Gathering enough asbestos mesothelioma legal information can help you familiarize yourself with the various tactics that your lawyer may use and thus, make the case much easier for the both of you.

As you can see, asbestos mesothelioma legal information can be extremely helpful if you know how to handle it correctly. The key is in finding the right sort of information and actually knowing how to utilize it well.

Costs of Hiring the Business Law Attorney

Everyone who has already hired a business law attorney will tell you that legal services are not cheap. So, before hiring a lawyer, you should ask yourself how much you are willing to pay for the services. When you are searching for legal services, you should always ask potential attorneys to explain their fees and billing practice fully. Do not hesitate to ask detailed questions and never feel embarrassed. A lawyer’s readiness to discuss the fees is an important indicator of how he or she treats the clients. If you have a basic knowledge about how lawyers generally charge for their services, it may help you to negotiate the best deal when you need to hire one.

A best business attorney may suggest hourly fees, flat fees or even contingency fees. But the exact price of these fees structures is determined by several factors. The cost of a lawyer is influenced by the amount of effort and time required for your case, whether you live in an urban or rural area, by the outcome of the case, by the experience of the lawyer and by the processing costs. All these elements will impact the total cost of a lawyer.

  • The hourly rates are the most common arrangement. On an hourly fee basis, a business law attorney gets paid an agreed-upon hourly sum for the hours that he puts in a client’s case until it is resolved. The hourly rate depends on the lawyer’s experience, operating expenses and the location of the practice. When it comes to your business’ protection, you should keep in mind that it is more effective to hire a lawyer with a lot of experience and expertise.
  • When dealing with the business law matters such as wills and simple bankruptcy filings, most attorneys typically charge a flat fee. However, the flat fee might not include other legal expenses such as the filing fees.
  • You can be charged on a contingency fee basis in certain types of cases. It means that the business law attorney will take any fee from you, but will get a percentage of the settlement money.
  • As for the expenses and court costs, there are no averages and it is hardly possible to give an accurate estimation. You should carefully discuss everything with your business litigation attorney and anticipate any miscellaneous costs so that you can estimate those costs up front and avoid further confusions. Be prepared to check court costs, filing costs, delivery charges etc.

    Regardless of the type of your payment agreement with your attorney, you should get a fee agreement in writing. If a business law attorney is unwilling to offer a fee agreement in writing, do not choose that lawyer.