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Wednesday, July 25, 2007

DUI Lawyers And What You Can Expect

An all too common cause of accidents on the road is drunk driving. This is why the laws against DUI (Driving Under the Influence) offenders are harsh and strict.

However, alcoholism is a recognized as a disease and thus, in some cases those charged with a DUI who also can be proven to be alcoholic, may have an unusual means to fight charges.

Alcoholism involves an intense craving for alcohol that can be as strong as the need for food and water. Family, health, and legal problems are not adequate enough to convince an alcoholic to stop drinking and there are those who experience chronic alcoholism their entire lives. Alcohol abuse can lead to drunk driving. But not all drunk drivers are alcoholics.

Thus, the line between deliberate and more accidental drunk driving is a fine one. So if you are charged with a DUI, you?re next step will be to consult a DUI lawyer. Here?s what you can expect.

The responsibilities of a DUI Lawyer

A DUI lawyer has expertise on laws of the road and the particular crime of driving while under the influence of drugs and/or alcohol. He has a great deal of responsibility, especially if his client is an alcoholic or alcohol abuser. An alcoholic client may experience a car accident, but his or her illegal BAC (or blood alcohol content level) may have nothing to do with the accident. Proving beyond a doubt that a car accident is not the fault of an alcoholic motorist is a daunting task.

All lawyers, including those that specialize in DUI, are subject to strict standards of professional responsibility. These standards are found in the codes of conduct established by state associations. The specific rules vary from state to state, but the basic ethical and professional guidelines are standard. They are that:

1. A lawyer must represent his or her client ethically, keenly and within the bounds of the law.

2. A lawyer must competently analyze legal issues as well as exercise knowledge of the law that is applicable to the case he or she is handling.

3. A lawyer must communicate with his or her client in a timely and effective manner and treat his client as a member of a team.

4. A lawyer must be loyal to his or her client.

5. A lawyer must follow a client?s suggestions, unless they are illegal.

6. A lawyer must keep his or her client?s property separate from his or her own property and funds should be kept in an escrow account.

7. A lawyer is expected to keep all information about the case in confidence and should not divulge anything, except in some rare circumstances.

8. Depending on the law governing a state, a lawyer is likewise prohibited from having a personal affair with his or her client.

9. A lawyer can only represent a willing client.

Aside from the above, a lawyer may have other responsibilities and they depend on the ethical rules that apply in his jurisdiction. Any violation of these rules may result in disbarment.

6 Possibilities to Solve Client-Lawyer Fee Disputes

The most common dispute between lawyers and clients is that of fees. Somehow money becomes a bone of contention and things do get nasty with both parties refusing to budge an inch. When hiring a lawyer you need to be bold enough to ask for "fee" terms and conditions to be written down in the contract. To prevent being overcharged you need to know how lawyers compute their fees and insist on itemized billing on a weekly/monthly basis. Never wait until the completion of the case. On your part keep a log book in which you record: advances given to lawyer; meetings held along with duration; phone calls made, note down how many minutes; court appearances and so on. The more detailed the record maintained by you the better. Check all bills submitted by the lawyer carefully and do not hesitate to ask about any discrepancies that come to your attention. When you are disturbed by the bill or are convinced there is something amiss you must try and settle the fee dispute by:
1. Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.
2. Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up. See, http://www.ncsc.dni.us/KMO/Topics/ADR/Resources/attorneyfees.html . The board has been set up to save the time of small claims, district, and superior courts.
3. Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.
4. Get another lawyer or lawyer's office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.
5. File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.
6. File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails. To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structures.

10 Tips On Preparing For The First Meeting With Your Attorney

When consulting a lawyer you need to keep in mind that fact that you will be paying for every minute of his or her time. So, it is important for you to prepare well for the first meeting. If you go well prepared and carry with you a file containing all details of the case then you will be able to keep the meeting short and to the point.
1. Be prepared to be completely professional and focused. Avoid outbursts of emotion or anger. 2. Make detailed notes and a list of points that you need to bring to the lawyer's attention.
3. Keep ready a page containing the names, addresses, and telephone numbers of every person connected with the case including witnesses if any.
4. Make 2-3 sets of all relevant documents that play a role in the case.
5. Prepare to relate the story clearly without getting facts mixed up.
6. Be honest and open and upfront about any facts even if they are negative or bad. In case you are in the wrong your lawyer must know about it if he is to represent you efficiently.
7. Take notes when your lawyer speaks and if there is anything you don't understand ask for a clarification. And, ensure that you can do all he asks you to.
8. Discuss clearly the steps the lawyer will take. And ask how you can help by doing research or ground work.
9. Make an effort to clarify things like billing, rates, what is included and what would be billed over and above the agreed on rate.
10. Ask for an honest opinion on how the case is likely to fare in the courts. And Ask the lawyer's assistant or secretary if you should send the case file a day or two before the meeting so that the lawyer can familiarize himself with the case details.
This way in the first meeting itself the lawyer will be able to ask for clarifications or details. The first meeting should inspire confidence and establish a strong foundation on which to build an understanding relationship. If a case is to progress well, you and the lawyer need to understand each other well and have a through understanding of what is important to the case and what is not.
The lawyer must:
• Be interested in the case to give his best shot.
• Be professional and organised in his working systems.
• Be honest about the case and whether he has handles such matters previously.
You must present all facts clearly, not hide any wrongs on your part, be willing to understand how the law works and be prepared to devote time to help the lawyer. If the two can work in tandem then the case will progress smoothly without hitches.

Monday, July 2, 2007

THE NEW DATA-PROCESSING LAW AND FREEDOM

“Data processing must be with the service of each citizen. Its development must take place within the framework of the international co-operation. It should carry reached neither to the human identity, neither with the human rights, neither with the private life, nor with the personal freedoms or public”.

Thus starts the law of January 6, 1978 relating to data processing, the files and freedoms, known as “law Informatique and Freedoms” (LIL).


Genuine angular stone of the French company computerized for 26 years, the LIL has been instituted in response to the SAFARI project of 1974. The ministry for the Interior wished to set up a system automated for the administrative files and the repertory of the individuals. Thanks to a single identifier, the administration could question the system and have the totality of the information recorded on the same person.

Vis-a-vis the scandal caused by the SAFARI project, the government created an administrative independent authority: data-processing Commission and freedom. The Data-processing law and Freedoms were thus born: it was a question of controlling the data-processing phenomenon to dam up the possible abuses.


A modification of the LIL was necessary to allow a better adaptation to the current situations. On July 18, 2001, a bill is born. On July 15, 2004, the Senators definitively adopted, in second reading, the bill. On July 29, 2004, the constitutional Council validated the modified LIL.


The recasting of the LIL has for main goal to transpose in national law the European directive of October 24, 1995 relating to the protection of the physical people with regard to the data processing in personal matter.

The object of the Directive was to establish “a high level equivalent procedure in all the Member States of the Community in order to eliminate the obstacles with the data exchanges necessary to operation of the domestic market”.

This directive should have been transposed in French right since October 1998: France remained the last European Convention country not to have done it.


In addition, the bill has also as an ambition to adapt the LIL “to the development of the automated treatment of personal information in the sector deprived as in the public sector and more largely to the many technological developments of our company of information”.


The LIL version 2004 makes many modifications which are highly discussed by the professionals of the right and data processing:

its field of application is specified to allow a better adaptation to the current legal stakes of the computerized French company (1),

the procedure of declaration of the files and automated treatments wants to be reduced and simplified (2),

the CNIL is seen equipped with new sanction and supervisory powers (3).



A field of application of the specified LIL


in Abandon of the term: “personal information”


When the law of 1978 is instituted, the chapter 1 “Principles and definitions” speak primarily about “personal information”.

The LIL version 2004 transposes the European directive from 1995 and chooses a term plus general (“given in personal matter”) in order to include the most possible situations.

A definition is given to new article 2 of the law: “a data in personal matter any information relating to an identified individual constitutes or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements which are clean for him”.

The use of this term makes it possible to aim all the data allowing the identification of a person: name, identification number, voice, image and fingerprints.


with textual precise details


The new law details many concepts: data in personal matter, treatments automated, files, the person concerned with the treatments, the person in charge for the treatments.


New article 4 specifies that the temporary copies made within the framework of technical activities of transmission or supply of access to a network to give best possible access to transmitted information are not concerned with the present law.


In addition, the LIL version 2004 indicates that it finds to apply since an element is attached to the French territory: person in charge for the automated treatment established in France, means of treatments located in France or representing in France.


The law creates a new chapter 2 relating to the “conditions of admissibility of the processings of data in personal matter”. The data in personal matter must meet several conditions, envisaged in new article 6, to be licit:

to be collected and treated in a honest way and sells by auction,

to be collected for determined purposes,

to be adequate, relevant and nonexcessive vis-a-vis their finality,

to be exact, complete and updates,

to be preserved by respecting the times of conservations.

The stress is laid on the assent of the person concerned with the collection and the processing of its data in personal matter.


with Responsabilité and rights


Chapter 5 is entirely devoted to the responsibility falling to the persons in charge for the processings of data and on the rights of the people concerned with these treatments.

The person in charge for the treatments has the obligation to inform the people concerned, in particular when the data with regard to them are not collected directly from them. The obligation of information is thus reinforced. Moreover, the bill specifies that the person in charge for the treatments must preserve the data and to preserve safety under penalty of sanction of it.


The people concerned with the treatment have new rights. The law of 1978 subordinated the right of opposition to the justification of “legitimate reasons”. The LIL version 2004 maintains this right but specifies that this right of opposition will be discrétionnaire and without expenses when the data are used at ends of prospection, in particular commercial.

In addition, files relating to the safety of the State, defense and public safety and accessible that via the CNIL could be communicated to the person concerned if the public interests are not blamed.

Lastly, the law envisages, without change, the right of access and to correction of the data in personal matter by the interested parties.


All these precise details make it possible to better frame the application of the LIL.


A procedure of declaration of the files reduced and simplified


with the correspondent with the data protection


The bill proposes to simplify the preliminary formalities of declaration when the files do not relate to significant data.

The legal entities will be to exempt of any declaration if they obtain a correspondent to the data protection, a person who will be used as intermediary between the company and the CNIL and will thus take care of the respect of the provisions of the law.


The bill transposes article 18 of the European directive of 1995. This article states, indeed, that the person in charge for the treatment can indicate “one detached with the data protection in personal matter in particular charged to ensure, in an independent way, the internal application of the national provisions taken pursuant to the present directive, to hold a register of the treatments carried out by the person in charge for the treatment, and guaranteeing kind which the treatments are not likely to attack the rights and freedoms of the people concerned”.


Alex Türk, president of the CNIL, declared that the installation of these correspondents to the data protection will make it possible “to throw advantages of footbridges between a series of actors (undertaken, local communities, associations) and the CNIL”. It specifies that these correspondents “will make pedagogy and internal formation, they will be capable to draw the alarms” and will be in connection systematically with the CNIL.


The constitutional Council specified, in its decision of July 29, 2004, that the designation of a correspondent exempts only declarations but the treatments subjected to authorization or the file transfers out of the European Union do not concern. This designation does not withdraw besides the treatments not declared from the other obligations envisaged by the law whose nonrespect will be sanctioned.


with Public files and private


Until there, the public files and private did not have the same mode: the first were to be authorized beforehand by the CNIL, the seconds were to be only declared.

The CNIL thus carried out a control a priori public files and a control a posteriori of the private files.


From now on, the files created by the authorities concern the mode of the private files. The government makes the point that the distinction between public files and private files is exceeded: a many public files collect alleviating data implemented, most of the time, by private operators, which presents risks of attack at the personal freedom and the protection of the private life.

In addition, it is it should be noted that before this bill, the CNIL however had a capacity of authorization on the administrative files but forever been able to sit its authority. For example, the STIC (data file including/understanding of the data on the authors and the victims of crimes and offences) was set up and used in 1996 but obtained legal recognition by decree only in July 2001.


With the bill, the opinion of the CNIL will be only purely optional, the government will not have to hold account of it more. The Commission will not be able thus to be opposed any more to the new files of the State. The police files will not need more to obtain the downstream of the CNIL to be activated.

The Data-processing Federation and Freedoms (WIRE) which gathers several associations, the collective Délis (Rights and freedoms vis-a-vis computerization of the company) and leagues it Human rights denounce these provisions which, according to them, “constitute a very serious lowering of the level of protection of the citizens vis-a-vis the processings of their personal data”.


in Fichiers relating to the significant data


From now on, it is the finality of the file and the nature of the collected data which will determine the applicable mode, it does not matter that it is about a public file or deprived.

The LIL envisages two modes: the declaration of the files relating to alleviating data and the authorization by the CNIL for the files relating to more significant data such as data genetic or relating to the infringements and judgments.

In the same way, the data which have as a finality the exclusion of the benefit of a right, of a service or of a contract since this exclusion does not rest on a condition legal or lawful or which have as a finality the interconnection of the files of different nature will be also subjected to authorization of the CNIL.


In addition, it should be noted that new article 8 states that it is interdict to collect and record significant data such as data relating to the ethnic origin, the political opinions, the religious convictions, manners of the person.

Only it could be derogated from this prohibition on the processings of data if they are justified by the public interest and are authorized.

It should be known that these files relating to the significant data were to be authorized by decree after assent of the CNIL and the Council of State. The LIL version 2004 indicates that the opinion of the CNIL for these sensitive files will not bind any more the Council of State and the government. Indeed, the opinion of the CNIL will not need more to be “in conformity” so that the decree authorizes the sensitive file; what translates an obvious lack of guarantee during the establishment and the authorization of these sensitive files.


with the files of infringements and judgments


Only the jurisdictions and certain public authorities could until now constitute such files. But an amendment initiated by Alex Türk also makes it possible to the people morals to resort to these files of infringements and judgments.

Indeed, new article 9, 3° lay out that the processings of data in personal matter relating to the infringements, judgments and measures of safety can from now on be taken by “the people morals victims of infringements or acting for the account of the aforesaid victims for the strict needs for the prevention and the fight against the fraud as well as repair of the undergone damage”. This 3° of article 9 was cancelled by the constitutional Council estimating that in “reason of the width that could cover the treatments of personal data thus implemented and of the nature of the processed data, this provision could affect the right to the respect of the private life and the fundamental guarantees granted to the citizens for the exercise of public freedoms”. In addition, the term of “fraud” was considered to be too broad. This provision was too vague to be ratified by the constitutional Council.


On the other hand, the constitutional Council maintains the provision 4° of article 9: files could be created in a precise situation: the fight counters the hacking on Internet.

The LIL thus envisages the legalization of the “black lists” in particular made up by the companies of perception of royalty, the professional organizations which suspect of the people of hacking on Internet, via networks peer-to-peer, for example.

These private criminal records will have to be authorized by the CNIL. It will be necessary to effectively control these files to avoid any drift.


New sanction and supervisory powers for the CNIL


With the new LIL, the CNIL sees its reduced supervisory powers in an important way with regard to the public files. Nevertheless, the LIL also envisages the installation of new sanction and supervisory powers for the CNIL.


It should be known that at the present time, the CNIL can inquire but does not have any constraining means to implement its investigations. If it notes nonthe conformity of a treatment with the law, it can emit only one warning or transmit the file to the Parquet floor which is given the responsability to determine the continuation appropriateness.


With the LIL version 2004, the supervisory powers of the CNIL are reinforced: in the event of opposition of the owner of the places, it will be able from now on, on legal authorization, to reach any professional room and the materials which allow the data processing.


In addition, in addition to a possible warning (new article 45), the CNIL will be able to put in residence the person in charge for the treatment to conform to the provisions of the law under penalty of administrative and in particular pecuniary sanctions important being able to go up to 300 000 euros.


The CNIL from now on will thus be equipped with supervisory powers a posteriori effective enabling him to check if the existing files are in conformity with the obligations envisaged by the law. It will be able to sanction the ignorance of these obligations

Withdrawal Vioxx Merck and the movement of the FDA

The new headlines over withdrawal Vioxx Merck and the movement of the FDA to forbid Ephedra got a quantity of central attention for the cultivation area herb of the right controversy.

On April 12, 2004 published the FDA a guideline, which forbids health additions, which contain Ephedraalkaloide. The FDA stated that the limited short designation weight loss effects by possible heart problems and notice dangers were outweighed. The market inequalities, which are caused by forbidding Ephedra, were filled by many new companies, which are the marketing products, which are similar to Ephedra. However this Ephedraalternativen cannot be somehow safer possibly as the forbidden Ephedra, which replace her.

The Ephedraverbot of the FDA and the withdrawal Vioxx Merck were hot message topics. This herb of recalls and the Ephedraverbieten got processes of many different angles. Obviously some people think that some the processes are thoughtless. Actually it gave a quantity to messages during the last decade over the thoughtless processes, which are gotten by hurt consumers against large companies for defective products. However according to a report of the general citizen (http://www.citizen.org/congress/civjus/tort/myths/articles.cfm?ID=12369), business document, which is many more times the quantity of processes than consumers more probably, by a court for getting a thoughtless requirement to be sanctioned done and.

Condition governments ordered bad action improvement, which covered possible damages for certain kinds of requirements in some conditions with a cap. George W. Bush condition of Texas introduced bad action improvement 2003, in order to cover medical misdemeanour commitment with a cap. George W. Bush continued pressing for bad action improvement generally speaking country since he took over office.

The material question is, if business is those, which last generally too much of time of our courts, why has it such an impact for individual bad action improvement given? Is it possible that hurt individuals are a group of not organized people with continuous business interests, which actively affect improvement for bad action? While thoughtless processes are an interest in everyone, shouldn't bad action really concentrate improvement on the involved ones, which most get them?

Over the author


Richard Martin is a contributing author at www.legalclips.com. LegalClips.com is an accumulation attorney article and other operational funds.

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Mortgage agains finance

4 possibilities of knowing them is time to finance to your house again.

You know your house for some reasons finance again to wish.

1) Mortgage interests could lower now be. The largest reason that people finance their Hypotheken again, is, to save money. All the same which happened you, there is always a conclusive reason to begin saving money. A lower rate on your mortgage can help you to expand the payments out so that each month you pays smaller, in order in your house than the preceding month to live. If interest rates are low and you had locked your mortgage before into a higher price, it could be a good idea to buy around your rate to see to how low you can receive her. Early 2000s was a climate of the very low mortgage interests, which form it a good idea, to buy around in order to see, if you can again finance your mortgage.

2) You need money and must your payments out expand. Possibly you arranged recently for bankruptcy and therefore more moneys need to receive on your feet back. Possibly you have jobs geschalten and therefore your mortgage again to finance must, in order to carry out your monthly payments lower. All the same which people say, it is always a good idea to have more moneys in your bag than smaller not truely? Your mortgage to finance again could be a good idea in this situation.

3) It can give distributed better there, than you think that it gives. A new mortgage bank or a bank to find to finance over your mortgage again could a good idea be, which, to step is fair and see the rubber tires of the industry, if you could receive a better agreement. If you were an expenditure quantity money and paying is there away of the Balancen on your credit card on a monthly basis an important probability, which your credit note notch has increase recently. An entire better credit note notch is better for everyone including your credit-giving places. If a new credit-giving place sees that your credit note notch increased recently, it could be in a much better position, to you a better agreement on your mortgage, than to give you think. It could again finance your mortgage, by buying around the agreement at more banks and found the best for you. Buy yours around finance again, it cannot not hurt.

4) Mortgage, which finances decision again as sound business. If you need a small firm of any kind and a main infusion possess, then the investigating again financing mortgage could be a very intelligent thing to do to. If your business is really small and you from your house run lets it, then the line between your personal could and operatings expenditure as thinner to be, you with good reason probably fûhlst. , By the new your house clearing up each month the difference between the investment finances, could a little particularly a head in somewhat new small equipment and the investment be not. Everything, which is expenses, should be lowered, if possible. A mortgage to finance again could be a fantastische idea to increase and plan for future investments capital reserves. Many business owners, who prepare from their houses, constantly try, to reduce their monthly payments so that, if it comes to pay time, their business computes, it have a little particularly a head. With a CPA or an attorney always examines, in order to determine, what it is derivable and which is not. But, more moneys is more moneys, even if you lend it automatically to your business.

Mortgage to finance can be from the good use in many situations obviously again.