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Signs Of A Well-Organized Law Firm And What It Means For You And Your Case

Posted by on Aug 19, 2016 in Uncategorized | Comments Off on Signs Of A Well-Organized Law Firm And What It Means For You And Your Case

Of all the professionals you would want to hire in this world, you would expect your lawyer to be the most organized and the most on top of things. When a lawyer is disorganized, or the office is chaotic, that does not bode well for clients who may be facing some serious charges or personal issues. Here are some signs of a well-organized law firm and what it means for you and your case. All Files Are Digitized or Stored out of Sight The ideal lawyer and law firm has all of its files digitized and stored on their computers. If your lawyer has not done this, he or she should at least have all files tucked neatly into filing cabinets. There should not be anything on the receptionist’s desk either, unless it pertains to your case and your meeting with your lawyer. This protects every client that comes into the office and prevents the loss and/or theft of personal documents that can sway the outcome of your case, one way or another. Your Lawyer’s Personal Office Space Is Tidy Your lawyer’s personal office space should be neat and tidy too—not just the reception area. A lawyer who keeps a tidy desk knows exactly where the pens for signing documents are, where his/her paper clips are, and where your client file is. He or she never has to hunt for anything or waste time looking for things that should be right in front of him/her. This saves you precious dollars because lawyers usually charge by the minute or quarter-hour, and hunting for needed supplies and documents is inexcusable and unprofessional. It also foreshadows his or her ability to organize evidence to present to the judge at your hearing, which can have negative consequences in the outcome of your hearing. Your Lawyer Consistently Confirms Reception of All Digital Documents and Emails In a digital world, it is often faster and more efficient to send a document via email. However, you also want to be sure that your documents and emails reached your lawyer. It is inefficient and sloppy to have to make repeated contact with your lawyer to verify that he or she received what you sent. Unless he or she is in court, your lawyer should respond to your email and stamp it as received as soon as possible. (If you send something, wait a couple hours to hear from your lawyer before attempting to make contact again. Otherwise your lawyer may charge you twice to read both emails when just the one should have been sufficient.) That way, you know nothing important is lost in e-transit. For more information, contact local professionals like AMS Law...

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Speaking Freely: What To Know About Attorney Client Privilege

Posted by on Aug 2, 2016 in Uncategorized | Comments Off on Speaking Freely: What To Know About Attorney Client Privilege

If you’ve found yourself in an unfortunate situation and now require the services of an attorney, you may be wondering how much you should divulge to that attorney. To get the best defense possible, you should ensure that you tell your attorney as much as possible about your case, and you should rest assured that your communications with your attorney is protected. To learn more about what client attorney privilege can do for you, and the exceptions to this rule, read on. Why is attorney client privilege so important? Your attorney needs to get a full picture of your situation in order to prepare a case to defend you, so everything you say, write, email, or communicate in any way is protected from disclosure by that attorney. Your attorney will never be compelled to reveal anything you say, and that protection extends for your entire lifetime. You don’t even have to have a signed contract with the attorney; you are still protected. If you later decide to use a different attorney, any information you provide the first attorney is protected regardless of whether you have retained, or even paid, either attorney. No matter what you have done in the past, all communication, with very few exceptions, is protected and held secret. Important exceptions to the attorney client privilege to note. To benefit from this privilege, make sure that you don’t find yourself in one of the below situations where attorney client privilege will not protect you. 1. A third party is present. It’s natural to bring along a friend or family member to your attorney meetings, but you should understand that anything said while another person is present is not protected and may be subject to questioning in a court of law. It should be noted that communication with anyone on your attorney’s legal team, such as a paralegal, is still protected. The third party situation can be extended to apply to anywhere that your conversation could be accidentally overhead, such as a restaurant or a crowded courthouse hallway. 2. The intent is in question. While this privilege is relatively far-reaching, casual conversations with people who just happen to be lawyers are not considered privileged. Your intent must be understood by both parties and you must be actively and knowingly seeking legal advice. 3. The intent to commit a future act. All past acts are subject to attorney client privilege, but threats or information about any future acts are not protected. Attorneys are considered officers of the court, and they are required to report any information about threats to harm a person, commit a crime or anything else that could be construed as a future “bad act”. The only exception to this rule, is that you are allowed to pose hypothetical questions or scenarios to your attorney without losing the client attorney privilege. For more information, contact a criminal lawyer in your...

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Trademark Your Business’s Logo

Posted by on Jul 19, 2016 in Uncategorized | Comments Off on Trademark Your Business’s Logo

If you are starting a new business, you are probably going to have some kind of logo for your business. A logo is a good way to get people to remember who you are and what your business is. If you do have a logo, you probably spent a lot of time and money to make sure that it’s perfect for your business. If so, you want to make sure that it’s protected from anyone else using it or taking your logo for themselves. The way to do that is to register your logo.  Trademarks You can turn your logo into a trademark for your business. You see them for all kinds of business. For example, the large golden M is McDonald’s trademark, and you can see that and immediately identify it, even if the name isn’t completely spelled out. If someone else uses that trademark, they face legal problems from McDonald’s since they registered it so that no one else can use it. That is why you will see a TM put right next to the logo. That shows that a business has registered that logo.  How to Register Your Trademark You can register your logo so that no one else can use it. The easiest way to do it is to hire a trademark attorney so that they can do all the paperwork to register it for you. The reason for that is because there are a lot of regulations and rules that you are going to have to deal with. The lawyer will be able to do all that for you since they are familiar with all the rules. Before you do anything, you and the lawyer will have to decide which class of trademark you are going to use. There are a number of different classes when it comes to trademarks. Which one you choose depends on what goods or services your business falls under. It can be confusing to figure out which one you should use, so your lawyer can help you with that.  Your lawyer may also suggest that you trademark your business name. Doing both will give you the most amount of protection for your business. Just be aware that you will have to file two separate applications and pay two separate fees if you do.  If you want to make sure that your business is memorable, you probably have thought about having a logo created. If you do, make sure that you get it trademarked so that it is...

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Addressing Common Questions About Medical Malpractice

Posted by on Jul 1, 2016 in Uncategorized | Comments Off on Addressing Common Questions About Medical Malpractice

When you seek the care of a doctor, you expect to be treated according to the standards that the medical community has established. Unfortunately, there can be instances where your doctor fails to adhere to these standards, and this can result in you suffering extensive injuries. Fortunately, it is possible to pursue justice for these incidents through a medical malpractice lawsuit, but if you have never been through one of these lawsuits, you might need to have the following few questions answered. What Constitutes Medical Malpractice? It can be common for some individuals to make the assumption that malpractice occurs whenever a doctor makes a mistake. However, this is not the case because medical sciences are often not completely precise. Rather, malpractice is determined by whether the doctor adhered to the guidelines and accepted practices for treating your particular injury. Due to this requirement, you may need to have an expert witness testify that the care you received did not conform to medical standards. Will It Matter If The Nurse Was Responsible For The Malpractice? Some individuals may make the assumption that their ability to recover damages will be limited if the negligent care was provided by a nurse. Yet, this is not the case as nurses are also held to strict standards that they must follow. For this reason, it is possible to bring a malpractice lawsuit against a nurse if they were responsible. Also, your nurse may have been acting under the instructions of your doctor, which may allow you to recover additional damages. What If You Are Unable To Pay For A Medical Malpractice Attorney? After being a victim of medical malpractice, it is common for individuals to have limited financial resources due to the costs involved with treating the original condition and the damages caused by the malpractice. Sadly, there are some people that will assume they can not afford the services of an attorney to pursue damages. However, this is far from reality as many attorneys that represent medical malpractice cases will not charge their clients unless damages are recovered. The fee for these professionals will be taken out of any compensation that is recovered. The exact fee and expenses can vary according to the attorney and the difficulty of the case. Luckily, these professionals will be able to explain the exact costs that were required to pursue the matter, and you will also be present with a release form that itemizes the expenses so that you will have a...

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3 Tips For Grandparents Seeking Custody Of Their Grandchildren

Posted by on Jun 13, 2016 in Uncategorized | Comments Off on 3 Tips For Grandparents Seeking Custody Of Their Grandchildren

It’s always difficult for a parent to watch their adult child struggle with things like drug addiction, criminal issues, and other serious challenges. However, it can be even more difficult when that adult child is responsible for caring for your grandchild. If you believe your adult child is an unfit or irresponsible parent, you may be tempted to seek legal custody. It is possible for courts to give custodial rights to grandparents, but it’s a challenging endeavor. Family laws generally prefer to keep children with biological parents when possible. Here are a few tips to consider as you explore your options: Carefully consider all possible outcomes. If you take your child to court to seek custody of your grandchild, there is a good chance that you may irreparably damage your relationship with your adult child. Remember, you will have to portray him or her as an unfit parent. Your child may develop a deep amount of resentment and ill will towards you. Also, consider that if you fail in court, your child could sever your ties and communication with your grandchild. It’s possible that in trying to protect your grandchild, you could destroy your relationship with them completely. Be sure to exhaust all options before taking the matter to court. Offer your child a deal. In many cases, the preferable option is to work out some kind of arrangement with your adult child. If they’re struggling with drugs or criminal activities, being a parent likely isn’t their first priority. They may be looking for a way out of parenting responsibilities. Try to have a conversation with your child in a professional, calm setting. A family lawyer may be able to offer their office and act as a sort of referee in the conversation. Tell your child that you want to help. Be sure to emphasize that you not only want to help your grandchild, but you also want your child to have the space and freedom necessary to improve their situation. Stress that you don’t want to cut off the grandchild from the parent. You simply want to help both of them be happy and healthy. You could work out a temporary custody situation to give your child time to recover. Or perhaps you could strike a deal where you get custody, but your child sees the grandchild on weekends or for day trips. A mutually satisfactory deal can help prevent the pain and cost that comes with a legal dispute. Document everything. If you can’t reach a deal and you decide to press on with legal action, documentation will be your new best friend. To gain custody from the biological parents, you will need an overwhelming amount of evidence and testimony that your child and his or her partner are neglectful, unfit, and possibly even abusive. If you notice bruises or cuts on your grandchild, consider taking them to a doctor for examination and documentation. If you believe your child is on drugs or engaging in illegal activity, call the police so they can document the situation. You will need support from authoritative sources like police, doctors, and child services to win your case. A court usually won’t pull a child from a biological parent without strong, compelling evidence. For more information, contact a family lawyer such as...

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Exposing A Few Myths About Social Security Disability

Posted by on May 25, 2016 in Uncategorized | Comments Off on Exposing A Few Myths About Social Security Disability

Being unable to work and support yourself can be a terribly stressful experience for a person to go through. While Social Security Disability is designed to help individuals that are in this situation, there are many people that have little to no knowledge or experience with this program. As a result, it can be extremely easy for these individuals to fall victim to a few of the more common myths concerning disability benefits. Myth: Disability Is Only Available To Those With Physical Impairments Disability can take many forms, but it is common for individuals to assume that disability benefits are only available for those with clear physical impairments. While these individuals may qualify for these benefits, you should be aware that there are a number of mental and emotional conditions that can qualify a person to receive these benefits. However, it may be more difficult to prove emotional or mental disabilities without experienced legal guidance. As a result, it is particularly important for individuals suffering from these conditions to retain the services of an attorney as soon as possible. Myth: It Is Too Expensive To Hire An Attorney For Your Disability Claim Sadly, some individuals may make the critical mistake of assuming that they will be unable to afford the fees that an attorney would charge. Luckily, disability attorneys work on a contingency fee basis. Under this billing arrangement, you will only be responsible for paying for these services if the attorney is able to get you approved for disability benefits. Once approved, you will be charged a set fee that can automatically be deducted from your first disability payments, which can allow you to retain these services regardless of whether you are unable to pay out of pocket for this representation.   Myth: Your Doctor’s Opinion Is The Only One That Matters In order to prove that you are suffering from disability, it will be necessary for you to undergo an evaluation from a number of doctors. This will be in addition to the examinations and treatments provided by your personal physician. This is necessary for the courts to verify that you qualify for these benefits. In most cases, you will be requested to forward a copy of your medical files to the Social Security Administration where it will be assigned to a caseworker. The caseworker will refer you to the appropriate physician to determine if your condition meets the requirements for being classified as disabled. During this evaluation, you may be given an assortment of tests and asked questions about your lifestyle and family medical history. At the end of this evaluation, the physician will prepare a formal recommendation that will be sent to the Social Security Administration and your attorney. For more information, contact a professional in your area or visit a website...

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What You Need To Do If You Have Been Involved In An Elevator Accident

Posted by on May 10, 2016 in Uncategorized | Comments Off on What You Need To Do If You Have Been Involved In An Elevator Accident

Generally when you get on an elevator, you only expect to be on it for less than a minute. Most people trust that when they get on an elevator, they will be able to get out on the floor they want to. However, sometimes elevators malfunction. When an elevator malfunctions, it may become stuck on a floor or it may drop multiple floors unexpectedly. If you were involved in an elevator accident, you may be able to pursue a personal injury lawsuit. Here is what you need to do to get a lawsuit going forward. Document What You Remember The first thing you need to do document what you remember about the accident. You need to write down and document where exactly the accident occurred, what time it occurred, and anything else that you can remember about the accident. Try to go back to the moment you walked into the building, and write down what you remember seeing and hearing all the way up to the moment that you were in the elevator and the accident occurred. Next, write down everything that you remember about the aftermath. Your memory is most likely to be the strongest immediately after the accident; the longer you wait the harder it may be for you to remember crucial details. If your case ever goes to trail, you may be asked by the opposing counsel if there were any warning signs that something was wrong with the elevator; by writing down your memories now, you will be able to provide a more accurate statement on the stand and refute any attempt by the opposing counsel to confuse you. Gather Contact Information The next thing you need to do is gather contact information from anyone who was involved in the accident with you. For example, if the accident occurred in an elevator in your apartment building, and there were other residents on the elevator, you will want to get their contact information. Their testimony can support your case and they may even want to join the case with you. If anyone witnessed what happened, such as a bystander that called for help, you will want to see if you can track down their contact information as well. Their statement can back up your version of events. Gather Building Information You are also going to need to gather information about the building where the accident occurred. You are going to need to find out who owns the building and who is responsible for maintaining the building. These are some of the parties whom you may file your lawsuit against.  If you can, find out if anyone or any company was responsible for servicing the elevator. You will want to get that information as well; they could potentially be another party that you sue for your accident. Keep Your Medical Records Together Finally, you are going to want to get all your medical records together. You are going to want to create a record that details the medical treatment that you received the day of the accident. If the accident resulted in an injury that required multiple medical appointments to treat it, or is still ongoing,  you are going to want to make sure you have a record of each appointment you have, who you saw, any...

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Applying For Social Security Disability? Don’t Make One Of These 3 Mistakes

Posted by on Mar 14, 2016 in Uncategorized | Comments Off on Applying For Social Security Disability? Don’t Make One Of These 3 Mistakes

Social security disability is often used by many individuals to get through a difficult time in their life when they are unable to work. There are a number of different disabilities that qualify an individual to receive benefits. However, the application process can be quite confusing and complex. It can leave many individuals without the benefits they deserve. If you are in the middle of applying for social security disability payments, here are three key mistakes you don’t want to make in your case. Exaggerating how bad your disability is. Many people end up exaggerating the extent of their disability because they think it will be better for them in the long run. They figure that if their disability looks worse than it is they will get more money and their claim will be approved quicker. However, that isn’t the case. Lying about your disability will end up coming back on you. It will even end up getting your claim thrown out and making you have to start all over again. The examiners know who is being honest and who isn’t. Be honest about your injuries. It will be better in the end. Not being open about your work history. Another thing that determines whether you are going to receive disability payments or not is your work history. If you were used to working in some type of labor position but aren’t able to any longer because of your disability, that is going to help your case. However, you have to be willing to disclose your work history to the examiner. They need to know what type of work you are used to doing and what type of work you are able to do now. Giving up too quickly. If you end up getting denied the first time around, you shouldn’t give up. This is one of the worst mistakes you can make. You need to keep going and pressing forward. Many cases end up getting denied the first time around. However, appealing is the only way you are going to overcome the situation and walk away a winner. Fight for the benefits you deserve. Your attorney can help walk you through the process and make sure you don’t get shorted on benefits for your disability. By not making one of the mistakes above, you can make sure you end up getting the disability payments you deserve and walk away a winner. Contact an attorney, such as Connor Law, for more...

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Understanding The Difference Between Fault And No-Fault

Posted by on Jan 27, 2016 in Uncategorized | Comments Off on Understanding The Difference Between Fault And No-Fault

If you were in a car accident, then you might be thinking about filing a lawsuit. However, that might not necessarily be your best option, since your situation might not even qualify as valid grounds for a lawsuit. To help you get a better idea of whether an insurance claim or a lawsuit is right for you, here is an introduction to the legal concepts of “fault” and “no-fault”: What does fault mean in the context of an auto accident lawsuit? If you live in a fault state or if your accident happened in a fault state, then you have a wide array of options available to you. You may make a claim with your insurance company or you can make a claim with the other party’s insurance company. If you feel that your insurance won’t give you the amount of money that you want, then you can file a lawsuit against the other party. If it does come down to a lawsuit, then you should be aware of the possibility of a settlement, which could greatly expedite the process. Then what is “no-fault”? In contrast to fault states, no-fault states severely restrict your options. You can’t generally file a lawsuit, so you will need to use insurance to get your compensation. The general idea is that insurance claims are much faster and more effective in no-fault states, getting you the money that you need quickly. The standard of proof is lower, which means that you don’t need to prove that the other party was responsible for your injuries and financial burdens. Instead, your claim will generally be granted and all of your economic damages will be covered, ranging from lost wages to medical bills. What if your insurance won’t cover serious injuries like an amputation? Fortunately, there is one key exception in no-fault states, and that is when your injuries are extremely severe. If you were paralyzed, disfigured, or experienced a drastic change in quality of life as a result of your accident, then you can actually file a lawsuit. Due to the rather subjective nature of this exception, it’s best to talk to a lawyer before you commit to a lawsuit. You’ll want to know whether your specific case fits these criteria and just how much money you stand to gain. In some cases, an insurance claim might be much easier and more reliable, since you can’t be sure that you will win a lawsuit. Contact a law office, such as Kaston & Aberle, for more information....

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Considerations When Preparing For Divorce

Posted by on Jan 27, 2016 in Uncategorized | Comments Off on Considerations When Preparing For Divorce

If you are thinking about divorce, then there are a number of questions that you will need to ask yourself. How will the money be divided up? What about the houses? Who will the children go with? However, there are a number of other questions that you might not have thought about, but are equally important, such as: Do you want a mediated divorce? First of all, you want to think about how you want the divorce to go. While the traditional process involves you and your spouse arguing through lawyers, there is a much more amicable method, which is to get a mediated divorce. In a mediated divorce, you and your spouse will sit down with a mediator, who will help you divide up your assets and create terms of divorce that are agreeable to both of you. This can make the process much smoother by taking aggressive lawyers out of the equation. Without the constant badgering, you might be more willing to make concessions and make the entire process go smoother. As a result, this can mean lower legal costs overall. The biggest drawback is that your rights and interests might not be as protected as you might like. Without a lawyer that is acting purely in your interests, you might not know which concessions you should make and which you should not. This can ultimately result in you losing a lot of assets and property that you otherwise could have kept. Do you have all the documents that you need? When it comes to divorce, there are a huge number of documents that can help you out. You’ll want to make sure that you have proof of all loans taken out by you and your spouse, along with lines of credit that you are both associated with. Before coming to the divorce table, it’s a good idea to separate your financials as much as possible, to increase the amount that you will walk away with. If you can clearly define what is yours and what is hers/his, then you will find it easier to prove your case in court. Have you modified your will? You want to make sure that you change your will to reflect your divorce. You might only need to make a few changes or you might need to rewrite the whole thing, but you definitely don’t want to forget about it. You probably don’t want to leave everything to your ex-spouse, so you might want to change your will to leave your children and possibly charities as your sole beneficiaries. Contact a lawyer, such as Thomas & Associates, PC, for more information....

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