A new Lawyers Best Friend - Pre drafted legal forms:

A newly admitted lawyer to the Massachusetts Bar, has several options upon receiving his or her license to practice law.? They can apply for an associate position with a big firm, and conduct research for the next five years; they can apply to work in a small firm and do all the work the senior lawyers do not want to deal with; they can hang their own shingle.? This article will take the perspective of the later, i.e., a recent law school graduate with an entrepreneurial spirit, a little cash on hand, and a desire to start his or her own practice.

Forget about the fact that marketing and obtaining clients is going to be the most difficult aspect of the new venture.? Forget that the new attorney must choose an area of practice, for even a general practioner can't work in every field of law.? Once the client walks in the door and the attorney wants to accept the case, the flood-gates of paperwork will open.?

The first document a new lawyer must draft is a fee agreement.? There are several internet sites out there that have these types of legal contract, as well as other legal forms, but those legal documents are very general in nature and likely do not satisfy the Massachusetts General Laws.? However, a quick look in any Lawyer's weekly will show a host of legal software companies who have created word documents drafted specifically for Massachusetts, or what ever state your practice requires.

Next is the whole process of filing a complaint or answer if a law suit is involved, drafting HUD statements if real estate is the issue at hand and so forth.? One new Massachusetts Probate Attorney, recently said, "I didn't know where to start before I had the direction of my document generation software and my online research tools".? She went on to state that, "but for the form generating software, I would have had to consult for hours the Massachusetts Practice Series and other form books".

Once a case has been filed, the real onslaught of paper work and forms hits the fan - DISCOVERY.? There are interrogatories, request for production of documents, requests for medical records, requests for police reports, subpoenas' for depositions, etc.? There are motions for summery judgment, motions to compel, and so many more.? A new lawyer who has never drafted these documents has virtually no where to turn, but to the form books for hours and hours of unbillable research time.?

The biggest problem for new lawyers is they did not learn how to try cases in law school.? Rather, they are more equipped to argue an appeal in front the The United States Supreme Court then they are to handle a simple will contest, or personal injury matter.? The bottom line is, in order for a new attorney to be efficient, they can either purchase one of these up to date, form generating software packages, be lucky enough to have a mentor, or put their dreams and aspirations on hold for two or three years, while working for a small practice.? In the case of the young probate attorney, she decided to purchase the software, and was lucky to have one of the premier real estate and probate attorneys in the state as a mentor.? However, not all new lawyers are so lucky, and if you are going to spend 30 hours a week researching what forms are needed to follow procedure, you will be hard pressed to find time to actually represent your clients, let alone conduct legal work that can be justified as billable hours.

The gist of all of this is that it would be highly advisable to look into the technology that is available today if you are a new lawyer, and in fact, even if you are an experienced lawyer, this technology allows you to stay current with any changes in the law and procedure for state courts in your document library.

The following article was drafted by Michael Goldstein, Esq. who writes select articles about technology for Turbo Law, a Massachusetts legal form software application.

Michigan Wrongful Death Lawyers

The worst form of loss is the loss of our dear and near ones. We only wish that it didn?t happen to our loved ones. Death is inevitable. People prepare against natural and man-made calamities, which take lives by the hundreds. Man bereaves and normal life continues. But one never forgets deaths caused by someone else?s negligence, and one naturally expects justice for those deeds.

Deaths deliberately caused by someone else, like murders, are dealt with by each state through criminal laws. Criminal law trials have different procedures for establishing the motive and presenting evidence.

Deaths can also be caused by someone or somebody unintentionally, or due to negligent behavior. They can happen in many ways. In cases of the patient-physician relationship, deaths can happen due to misdiagnosis of disease or using the wrong procedure. Deaths can also happen in industrial situations, or in the transportation of passengers. In order to deal with these situations, each state has enacted laws known as ?wrongful death statutes.?

Wrongful death statutes come under personal injury laws. Wrongful death can be ?immediate or delayed outcome of someone?s negligence and the misconduct or negligence causing the death.? Since wrongful death statutes come under civil law, civilians can file cases against the defendants. These cases are easier to prove than the criminal ones because they are decided by the preponderance of the evidence, not clear and convincing evidence.

Each state has its own statute of limitation, after which a case can?t be brought to court. In Michigan, the discovery period is six months, but in the case of Miller v. Mercy Memorial Hospital Corp. the period was held to be three years.

The role of lawyers in these cases is to establish the negligence of the defendant, and to derive maximum compensation for the relatives of the deceased. This type of case takes a long time to be settled, so it is wise to engage a lawyer with good credentials.

Michigan Auto Accident Lawyers provides detailed information on Michigan Auto Accident Lawyers, Michigan Divorce Lawyers, Michigan Lawyers, Michigan Medical Malpractice Lawyers and more. Michigan Auto Accident Lawyers is affiliated with Michigan Personal Injury Lawyers Info.

Child Custody In Chicago: What Lawyers Will Do

Divorce can be very frustrating, especially for a child. Both parties, the husband and wife, will really fight for the properties and also the custody for their child. They want to be able to get the proper compensation after the divorce. However, the most important thing when settling a divorce is not always the money or the property, both parties will really fight for the custody for their child.

For this, if you are getting a divorce, you need a divorce lawyer to properly present your case to the family court. You need to show the court that you have done nothing in your relationship that caused both of you to divorce and also, when getting the child?s custody, you need to be able to show the judge that you can support your child in education, shelter and also the needed parental care.

Tell your divorce lawyer the reason why you are getting a divorce and why you are suitable to be in custody of the children instead of the other party. You need to tell your lawyer how much you make annually, your job, and also how you care for the child.

Divorce can really have a major impact on a child?s psychology; they will often wonder why you and your partner is getting a divorce. It is very important that you both explain it to your child so that he or she can understand why.

If you live in Chicago and you?re getting a divorce, you will want to look for a well known divorce lawyer in order to present your case. The lawyer will then advice you on what to expect in the court and what can you do to win the case and get custody for your child.

They will tell you what the judge may do for the child?s welfare. He or she will decide who will get custody for the child. The judge will determine and weigh evidence wisely to determine who will get custody for the child.

There are different divorce laws in different states, so, you should know about the divorce laws carefully. Your divorce lawyer can explain a few things for you in order for you to understand the law about divorce better. He or she will be able to shed light on the subject.

Usually, the judge may assign the person who is not in custody of the child to give child support. He or she should be able to give a specific sum of money at a specific day every month.

There are also visitation period allowed for the parent who does not have custody for their child or children. It can be either once a week, or it can be once a month. It all depends on the decision of the judge.

A person from the court or child welfare office will also visit your house and the other parent?s house to make sure that the child is treated properly. They will also take a look at your income and determine if you are capable of raising a child.

Always remember that divorce can have a major impact on a child?s psychology. If you and your partner can still work it out and not get a divorce, it will be much better. You can visit family counselors in order to help you solve your differences without getting a divorce.

This content is provided by Low Jeremy. It may be used only in its entirety with all links included. For more information on child custody & where to find one in your state, please visit http://child-custody.articlekeep.com.

Florida Family Lawyers

In Florida, family lawyers represent cases in unified family courts. The main aim of the unified family court is to render justice that is ?accessible, fair, effective, responsive, and accountable.?

These lawyers handle all matters related to marriage and divorce, alimony, child custody, division of liabilities and assets, juvenile law, domestic violence and the rights of grandparents.

They handle divorce related issues by rendering legal advice to their clients at different stages of the divorce proceedings. They provide all necessary legal information, clarify doubts, offer alternative solutions and represent the case in the courtroom. Sometimes they try for an out-of-court mutual consent for divorce so that the `dirty linen? is not washed in public.

Some family lawyers act as mediators to try and iron out the differences between the spouses, offering counseling so that divorce might be averted. In this role, instead of offering legal advice to their client exclusively, they act impartially so that both parties can benefit.

The Florida Bar Association, based in Tallahassee, regulates the function of all family lawyers working in the state. These lawyers, by virtue of holding membership in the bar, are offered professional training of the highest order to handle issues in a fair, timely, efficient and cost-effective manner that is smooth for the parties concerned. The official website of the Florida bar, www.floridabar.org hosts several pamphlets of information for public use, a few of which are `Marriage,? `Family Mediation,? `Divorce in Florida,? `Shared Parenting After Divorce,? `Adoption in Florida,? `Juvenile Arrest,? and `Legal Rights of Senior Citizens.? Some of these pamphlets are published in Spanish for the benefit of the Spanish-speaking community. The website is also an excellent resource to locate family lawyers in Florida.

The official website of the Florida state courts, http://www.flcourts.org/, is also an excellent source of information to learn about family law issues and locate family lawyers in Florida.

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New Franchisors in Market Place Need to Watch Out for Lawyers

There are so many pitfalls for new franchisors in the market place such as required mandatory disclosures, state registration rules and franchise disclosure documents. Often Franchising Regulatory bodies make it tough to get a hold of this information and Lawyers charge for it and charge to help you comply. Worse off some lawyers will try to turn you in to state regulatory bodies if you do not properly comply with every tiny minute detail. This is really unfortunate indeed. Why you ask?

Well it just seems that there are a lot of young and naive franchisors out there and a lot of people who really really want what they have to offer. And yet with the costs, mix-matched set of laws and all the rules, it makes it tough on them to get going.

Additionally if lawyers can write a letter to the NY State Franchise Registar and get satisfaction and a normal franchisor individual cannot call their offices, then it seems that the lawyers have hijacked the law and you have to hire one to talk to the NY offices in order to find out the rules you see? A disclosure document should be a 3-4 page form is all, not 235 pages of information, with more information than your competitors could ever dream of having, sold online to anyone from China who wants it?

We need one set of laws for franchising and we need to stop acting like the United Countries and start acting like the United States. Franchise Lawyers are a very self-serving group in my opinion. I think that; SELF-Serving; is the only phrase in franchising that these lawyers have never attempted to define? Lawyers like to define things and analyze stuff, but if you do not call an ace an ace and a spade a spade then you end up arguing over apples and oranges when you are selling Avocadoes in the market place. Consider it.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

Should Lawyers be allowed to Complain against Franchisors

So many lawyers want to run the law, play jury, policeman, regulator and judge in the franchising industry. What is amazing about this is that they have already hijacked the law to serve their will and pocket book in such a self-serving way that it seems unfortunate indeed.

I have seen regulators attack a company and fail to renew an application, start an investigation, find nothing and then not even question the attorney who made the complaint who indeed was on retainer with a competitor. This may sound like it is not a common occurrence, but in my research I am finding it is common in all types of industries and not just franchising or with franchise law and franchise regulatory bodies.

Lawyers are hardly ethical in my opinion, way too much abuse; I believe there should be prison time for such actions by lawyers who misrepresent another franchisor. So if they make a mistake in their complaint, they should pay with their license and jail time, as that is only fair.

How can we prevent such abuse of law from lawyers? Well we could call in Caesar is a thought. We also need more regulation on lawyers, as they seem to be the only industry in the world, which consistently gets away wish such self-serving atrocities. Consider all this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

Franchisors, Lawyers and State Regulators

Most people think that lawyers are crooks and some people think that franchising companies or franchisors are out to make a killing on poor unsuspecting franchisees. State regulators think that Franchisors are not good and lawyers are wonderful. But why? Well because they are lawyers of course. Yet in reality lets look at the situation here.

You see, Franchisors duties and responsibilites are to their team, their franchisees customers, extending brand. If the franchisor neglects such duties and responsibilities then they are short lived and they will go out of business. It is for this reason that the franchise system is inherently stable, viable and ethical. Whereas with lawyers and regulators are not and do not have the same inherent checks and balances.

When it comes to Franchisors, Lawyers and State Regulators it should be noted that Franchisors are entrepreneurial companies and therefore are the best of breed in economic commerce. Lawyers scrape the cream of wealth from the nation without any real worthy productivity. State Regulators put up roadblocks, barriers to entry and stifle free enterprise? So tell me, who are the good guys, who are the bad guys and why is calling Caesar to take care of these problems such a great idea? Consider this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.