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Wednesday, June 27, 2007

How to choose a lawyer - Legal advice

The services of lawyers with a wide range of expertise, skills and experience. The court should, indeed, an attorney, you need to consider all available information about it.The article, we will summarize the council to help find a reliable defend in court.

Tip 1 : Lawyer proposed investigator, was not suitable for you

This is because he is only recommended try to create the least possible problems his proteges. Tip 2 : Avoid Lawyers, which is represented in court
The situation is similar : it is a very profitable place to counsel, and he would try to create difficulty for the court at least, so that it does not lose.
Tip 3 : free lawyer is usually a bad lawyer
By law, you are required to provide free legal counsel. However, the lawyer was not interested in a successful outcome of the case, because his fee is very minor amount he would receive the same very slowly.
Tip 4 : narrow specialist preferable
Never trust lawyers generalists : as a rule, they do not know of any area of law. Legislation is enormous, and is constantly updated, with substantially. People are simply unable to keep in mind all the laws, regulations and instructions, so you should trust lawyers from the narrow specialization (eg, arbitration, labour law).
Board 5 : a good lawyer is not cheap
He always roads, and roads doubly good lawyer. The high cost of legal services is determined by market conditions, as well as the very essence of a lawyer whose work often depends human freedom. So try not to use for a fee, otherwise you could lose much more.
Council 6 : a good lawyer and the lawyer-trendy different things
During the trial, particularly secular life of a lawyer and his fame played no role. The court asked the analysis of evidence given by your counsel and the reasons it has given, based on a thorough knowledge of laws and facts of the case. If the lawyer has been on television, on the pages of fashion magazines "art", and in addition it is able to lecture and write articles in journals, think - where a lawyer will find time to work on your case?
Council 7 : Legal Education, to which the lawyer is irrelevant
Law education can have any title and how long good reputation, but it does not mean anything. Lawyers affiliated with education on professionalism and experience, but quite poor criteria for the client, for example, residential or affiliation. You will be represented by counsel is not education, and specific individuals and that is his professionalism, integrity and honesty should be verified.
Council 8 : A lawyer must be able to speak and write well
When he was asked to show his papers he had compiled. Consider them : there is a spelling, syntax and punctuation errors? The document, full of errors, regardless of the cause Court sharp negative reaction. Similarly Put it reviewed a lawyer : he must be literate and accurate expression, the right to use the speech and avoid conversational phrases language and, of course, inappropriate language.
Council 9 : ask the lawyer to show the court for which he was
The court is the best indicator of the skills of a lawyer. Ask your lawyer to show the documents to prove that he actually won the case, similar to your. In the event of refusal, collateral conversation and care.
Council 10 : Avoid lawyers that guarantee success
He could give no guarantee of winning in court, he has no control over the process and does not take action. Verdict court depends on many factors and most of them outside counsel. The experienced professional, even confident in the success of the case would never say so

posted by bhootied.

Monday, June 25, 2007

Personal Injury Claims - Protect Your Rights By Knowing What Not To Say

by: Arthur Gueli

Pursuing a personal injury claim puts you in an unfamiliar situation. You'll have to think carefully before you speak to anyone. From the adjuster, to the defendant, to the police officer at the scene - what you say makes a difference.

Never forget that the insurance company wants to save money. When processing your claim they'll use anything you say against you in order to lower your settlement payment.

Litigation and claim processing really starts the moment an accident happens. You can make or break your case depending on how you handle yourself immediately after the accident. You must collect and pay attention to evidence, and you need to keep a clear record of what you see.

What you say during this time can sometimes come back to haunt you. Imagine that you come out of a car accident and you're faced with a hysterical driver. You might feel the need to calm them down. It would be natural to say things like "it’s okay", "it’s not your fault", or even "it’s my fault." You might also feel the need to say that you're okay and aren't injured. Saying such things is normal and shouldn't totally ruin your personal injury claim. But these statements can make things more difficult, especially if you were heard by witnesses.

If you have an accident on business property, you may be interviewed by a company representative, or be asked to fill out forms on the accident. First of all, don’t sign anything. The only thing they could possibly ask you to sign is something that will clear them of responsibility. You haven’t even thought about a personal injury claim yet, so why would you let them off the hook?

As for questions they'd ask, answer like you would for a police report. Never say anything that will admit negligence on your part. Don’t even hint at it. Something as simple as saying you're not sure what happened, or that you may have made a mistake, is bad for you.

When discussing your personal injury claim, you want to make sure you refer to your injuries in medical terms. Usually you'll just be repeating things from your medical file.

Sometimes, you might be tempted to use terms that are medical slang. Don't do this. A common example of this kind of slang is the term "whiplash." This term is widely used and serves to quickly explain a certain type of injury, but it's a bad word to use when discussing a personal injury claim.

Whiplash has never been a medical term. It used to be an acceptable way of describing certain injuries incurred from a car accident. These days it's become associated with exaggerated or even fraudulent claims. Using it can damage your case - it can create a negative view with the adjuster or the judge.

No doubt there will be other times when you should watch what you say. The general rule to remember throughout your personal injury claim is: you're not an expert. Whether it's legal or medical, don't let anyone pressure you into saying something that isn’t your place to say - this is especially true when determining the extent of your injuries. And remember, if something is your fault, then it's someone else’s job to prove it.

Asbestos Claims - History, Symptoms and Compensation

by: Andrew Bowen

Asbestos was once regarded as a wonder substance due to its heat resistant properties. It was, therefore, a widely used material, particularly from the 1930’s – 1980’s and exposure still continues wherever it is disturbed / removed.

The cost of asbestos claims in the UK could reach £20 billion in the next 30 years.

Claims can be made by Claimants, even though the exposure was 30 or more years ago, and the past employer(s) has gone out of business.

Claims can also be made for deceased Claimants on behalf of their loved ones/estate.

Successful ‘secondary’ claims for Asbestos exposure have been made by spouses, children and grandchildren, after they were exposed to harmful fibres on work clothes worn home.

The compensation obtained can, in many cases, amount to well in excess of £100,000, depending upon the severity of the particular disease.

Asbestos has no respect for socio-economic group or occupation. There are over 1,000 new cases of Mesothelioma reported every year in the UK. It is generally accepted asbestos is the cause.

The types of occupation where exposure can be found/occur include the following:-

• Asbestos Cement Products Industry (used for strong, inexpensive building materials, eg tiles, corrugated roofing, gutters, water and drain pipes, chimneys etc.
• Floor tiling industry
• Insulation and Fire Proofing
• Carpenters
• Electricians
• Power Plant Works
• Plumbers
• Roofers
• Central Heating and/or air conditioning contractors
• School and Hospital workers
• Ship workers

Symptoms can include breathlessness and persistent coughing which may cause sleepless nights leading to fatigue. Some sufferers report chest pain and feeling as though a heavy weight is pressing down on their chest, depending upon the particular condition.

There are a number of state benefits available to victims and their carers. Specialist Solicitors such as http://www.claimking.com or http://www.nationalinjuryclaims.com can not only pursue compensation claims for sufferers on a true No Win, No Fee basis, but also provide advice and assistance with applications in order to maximise benefit entitlement.

Friday, June 15, 2007

How To Find Success - Personal And Professional

by: Chris Angus

I am going to tell my story about how I made my first million at a young age, heck, I’m still young. I will also tell how I finally found peace and happiness which was instrumental me becoming financially successful.

All my life I was an under performer, at almost everything I did. I failed a couple of years at school; I was bad at sports and just generally an “E” grade student.

This went on though my college career and I barley scraped through my qualification.

I went on to do a Microsoft Qualification which I really excelled at, this was strangely bizarre a I had just got on the course because I didn’t know what I really wanted to do or where to go with my life. I even managed to get into the top 5% of all students.

I left the course at the end of the year and proceeded to try and find a job. Which I failed dismally at, the course I had taken was a very popular course and the IT market was flooded with people with this type of qualification.

Eventually I got a job working for my girlfriend’s dad, and that only lasted about eight months, I then drifted from job to job. Never working for more than a year at any one place of employment.

I got pretty tired of being just a guy with pretty rubbish, low paying office type jobs so I decided to move to another country, thing that it would be much easier somewhere else. The grass is always greener…

This was really the start of my hardship, I struggled to get any type of job and after being really broke ended up working as a dishwasher in a hotel, I did this for six months and then moved to more of a proper sales job. Guess what that only lasted three months before I was fired.

This continual cycle never seemed to stop and went through another three jobs before I decided that I should maybe think about doing something that I wanted to do.

I decided that I had better start my own business so I couldn’t get fired for one. It also puts the responsibility squarely on your shoulders, so if it all goes wrong it’s no one else’s fault but your own.

Since I know a bit about IT, I thought that it would probably be a good place to start. That’s where it all began, I started offering basic IT services to small business owners, that lead to referrals, and it all snow balled.

I didn’t take much money out the business, and kept my overheads low and reinvested as much as I could.

Within three years I had make over one Million Pounds, and had a business worth five times that.

To top it all off I am still under thirty.

The moral of the story is, be prepared to take the risk of starting your own business. Work hard and be smart. Don’t rob your business as soon as you start making a bit of money.

You will succeed.

Hot Legal Issue Of The Day – Right To Privacy

by: Richard A. Hall

While a number of topics are currently being discussed in the United States, one of the most controversial is that of the right to privacy. This hot button issue is made more complex in a post 9-11 environment. We struggle to find and maintain a balance between personal rights and public safety.

Most people would vigorously defend the right to privacy, feeling that the accessibility of too much personal information is not only an invasion, but morally wrong, and unconstitutional. After all, prior to September 11th, the United States had not been subjected to the overt terrorism that had plagued other countries.

The events of September 11th pervaded our false sense of security and caused us truly question if the enemy was in a far off country or our next door neighbor. In our post 09/11 world, the government’s responsibility to protect Americans has taken on new meaning. In an aggressive effort to protect us from the threat within, the government has adopted a “by any means necessary” approach even if that means listening in to phone calls, reading emails, reviewing library records or scouring through websites. The recent foiled plot of airline bombings in Britain is an example of how invasion of privacy can in fact keep us safe. The individuals stopped for this heinous crime were discovered first by a tip but second from police monitoring private activity which included phone calls.

In the instance where a terrorism plot is averted because of the invasion of privacy there can be no argument to the validity of the practice. Yet, we also know that innocent people have had their privacy invaded when they did not pose a threat to national security.

The national debate over privacy has repercussions on a smaller level as well. Corporations and employees struggle with privacy issues in the workplace. Companies also are seeking to protect themselves from a different kind of terrorism – that of legal and financial exposure caused by the actions of its employees, whether innocent or intentionally malicious.

Privacy is legally protected by the Constitution of the United States, and at the very core of America’s existence. As politicians, voters and special interest groups debate these constitutional issues, employees and employers seek to understand the rules of engagement within business.

Does an employee have privacy rights at work? How far can employers go in monitoring the activities of employees to ensure that they are protected from liability?

Employers not only have a right to monitor the activities of employees but a responsibility. Computer activity, including e-mails and phone calls can be monitored by the employer. In fact, some degree of monitoring is recommended. Emails are discoverable in legal action exposing employers to a great degree of risk. Even if the employer has a policy that expressly states that personal emails are allowable, the company still has a right to monitor individual emails.

Phone calls, except those placed on designated “for personal use” phones, can also be monitored. Call center and customer service employees are routinely monitored for quality assurance and training. There are however, federal and state regulations which must be adhered to which in many locations including notifying parties that the call is being monitored. Most employees will need to place or receive a personal call from work at some point in time. However, as a best practice, employees should use pay phones or cell phones when they must conduct personal business during the work day.

As we seek to balance privacy and protection on a national stage, we will undoubtedly make adjustments on a more personal level. We have already become accustomed to much of our lives being monitored through security cameras, electronic tracking and internet use so it is possible that what is now viewed as invasion will simply become normal. In the interim, it is wise to assume that what happens in Vegas, may not stay in Vegas

The Stages of Civil Litigation

by: Gerard Simington

Getting involved in a lawsuit can be a very stressful situation, regardless of which side you are on. To limit the stress, it often helps to understand the process and stages of litigation.

The Stages of Civil Litigation

What is civil litigation? Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff's complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party's legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial

An Experienced Celebrex Lawyer Is Your Best Bet for a Successful Claim

by: Gust A. Lenglet

Co-marketed by Pharmacia, Celebrex was celebrated as the super aspirin, and used to treat those who suffered the aches and pains of rheumatoid arthritis and osteoarthritis, since it was released in December of 1998. Amazingly, this COX-2 non-steroidal anti-inflammatory drug reached an incredible $1 billion dollars in sales during its first year of marketing, proving that it was not only a super aspirin, but it was also a super money-maker for its manufacturers.

Competing with Merck’s super drug, Vioxx, the two manufacturers fought to have label warnings removed from their product in order to beat out the competition. This competition between the two companies was so intense that it is now earning the manufacturers criticism for possibly having sacrificed patient safety, in order to earn the extra bucks. On April 6th, 2000, the FDA issued a letter to Pharmacia, demanding that they make changes in their products label, stating that your representatives continue to engage in violative promotional practices. It wouldn’t be long before Celebrex and its competitor, Vioxx, would be linked to an increased risk of blood clots, heart attacks, sudden deaths and strokes.

If you or a loved one have taken Celebrex for a period of 18 months and suffered a heart attack, stroke, or problems with blood clots, it would be in your best interests to contact an experienced Celebrex lawyer as soon as possible. Choosing a Celebrex lawyer will help to ensure that you receive a safe and knowledgeable consultation from a representative who is up to date on all of the latest information regarding this case. In most cases, the consultation visit with your Celebrex lawyer is free of charge and, during this time, you will be able to discuss what the best route is, for you to take.

The sooner you bring all of your information to your Celebrex lawyer, the sooner they will be able to put together a case and the greater the likelihood of you filing a successful claim against the company. Your Celebrex lawyer is sure to discuss with you, the pros and cons of either filing an individual claim against the company, or of filing a joint claim with all the others who have suffered from the side effects of Celebrex. Your Celebrex lawyer will be experienced in the current claims made against the company and stay abreast of any new developments, allowing you to breathe a little easier while your Celebrex lawyer handles all the hassles of footwork and building your case against Pharmacia.

You owe it to yourself and to your loved ones to bet the best help that is available in this case. Choosing a specialized Celebrex lawyer will make a world of difference with your claim and allow you the relief of knowing that the Celebrex lawyer that you have on the case is experienced and focused in this one particular area of expertise. If you haven't already, be sure to locate a Celebrex lawyer and set up a consultation today

7 Steps To Finding The Perfect Lawyer

by: Michael Lewis

It is your life we are talking about. Make sure that you take every necessary step to find the right lawyer for your needs. It is very hard to do this, though, with all the ads flying at you, the people soliciting you, and all the negative things that you hear about lawyers these days. But, the fact of the matter is that you can find the right lawyer and not all of them are that bad. Believe it or not, some actually get into this career not to make millions or to beat the drug companies. Some actually really want to help you. Here are some of the things to look for in your lawyer. Take these steps to find the perfect lawyer for the job.

· Find a lawyer that specializes in your field. This is important because you will want someone not only that knows how to handle a case like yours, but also one that will be up to date on the latest rulings and the latest procedures for your case. This simple thing can really make a large difference. Many lawyers have one or two specialties and then do other things as well. If you find one that specializes in your needs, say traffic violations or divorce, you are likely to be able to count on them to know more about how to handle your case than someone who specializes in business proposals.

· To find a lawyer that you can trust, look towards your local Bar Association for recommendations on someone. Not everyone has a lawyer on retainer so it helps to know that someone out there is recommending the one that you are choosing. If you feel that you can, ask friends and family about their recommendations as well.

· Once you find a few names to consider, make sure that you know about them. You can check on their relevant experience and their record for cases like yours. While this will not tell you just whether your lawyer will win your case or not, it is safe to say that it will give you some idea of his or her skills nonetheless.

· Consider how well the lawyer will be dedicated to your case. You can judge this by what he or she tells you and by how well they work with you. Will they meet the deadlines? Do they return your calls? Can you trust them to be on time for appointments? Ask them how much time they will devote to your case and how many other cases they are handling at the time. You need to know their dedication to your personal needs.

· Perform an interview with the lawyer. Ask them the questions that we talked about. But, if at all possible make it an in person interview. This will help you to feel out the lawyer. Ask them about how they will handle your case and what they can do for you to make sure that you win your battle. An experienced lawyer should be able to tell you step by step what will happen, when it will happen and why it happens.

· Let's face it. We can not all have the best lawyers out there. It is important to compare retainer fees. While you may be under the impression that you need the best lawyer out there, you simply may not be able to afford him or her. Instead of worrying about this though, consider instead what the lawyer's record is and how well he can do his job for the amount of money he will charge you.

· Lastly, it is important to choose a lawyer that you trust. While this can be something that many people don't understand, if you do not feel comfortable with a lawyer, you shouldn't work with them. It makes sense that you should be able to talk to them easily and tell them the who's, the what's, and the why's of your case. You should be able to provide him with what he needs to know. Trusting your lawyer will also help you to relax and to relieve some of your own stress.

The perfect lawyer? Is there really one of those out there? There is that one lawyer that you will be proud to call your own. When you take the time to make sure that the lawyer that you have chosen is a good one, you can be sure that your case, your life is safe and secure in their capable hands.