lawyers And Atorney



             


Friday, May 15, 2009

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.

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Saturday, May 9, 2009

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.

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Thursday, April 23, 2009

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.

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Tuesday, April 14, 2009

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.

Florida Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Lawyers is affliated with Florida Alcohol Treatment.

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Wednesday, March 25, 2009

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.

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Thursday, March 19, 2009

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.

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Tuesday, March 17, 2009

Franchise Regulation Attorneys and State of Illinois Lawyers in Franchising Regulations

Many state franchise regulators like those in the State of Illinois and many Lawyers in specializing in Franchising Regulations do not care that they are destroying the franchise industry and drowning it in red tape. The Franchise Regulation Attorneys do not care, because they make money on the outrageous over regulations required on the Franchise Industry by states like The Great State of Illinois. The Lawyers in Franchising Regulations often charge up to $300.00 per hour.

Regulations hurt consumers they don't help anyone, it causes barriers to entry, causes higher prices and helps lawyers hijack the law like a bunch of International Terrorists and that is not "perspection based" as the franchise lawyers or Franchise Regulators would have you believe. That is the truth and these franchise regulators knowingly and willfully continue to hurt free markets and consumers.

The State of IL franchise registration office should be disgorged of their ill-gotten gains and all employees should lose their pensions and be terminated ASAP. It is the best for all concerned. There is obviously little if any leadership coming from the Governor of the State of Illinois who is probably a Lawyer himself. Something needs to change there. Why is the State of Illinois so aggressively attacking the Franchising Industry? Because they just don?t get it. Consider this in 2006.

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

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Monday, February 2, 2009

Don't Let Lawyers Kill Your Marketing Efforts

J.P. Morgan said it best: ?I don?t want a lawyer to tell me what I cannot do; I hire him to tell me how to do what I want to do.?

Because I serve the varied needs of some diverse and interesting clients, the marketing efforts I produce are reviewed by an equally interesting array of lawyers. Oh, for any downtown lawyers who may be reading this, you guys whose hourly rates are up there at the high end of the pay scale, you can substitute the word ?attorney? for ?lawyer.? It?s a more fitting, upscale name worthy of your fees, right?

But back to my story. With very few exceptions, the lawyers I?m told to work with ? whether paid staffers or third-parties who?ve been retained by my clients ? seem to share a single, frustrating point of view when reviewing sales and marketing copy. And it doesn?t seem to make much difference whether the words are mine or those of other copywriters. Lawyers seem determined to delete every word that?s even remotely liable to improve sales.

It?s not that there?s anything inherently wrong with words that get people to buy. It?s just an attitude common among lawyers when reviewing anything to do with sales or marketing.

As one lawyer described that attitude, ?I won?t approve anything that can even remotely come back and bite me in the ____.? Her fellow attorney added, somewhat defensively, ?Neither of us wants to lose our jobs because we approved a whacko idea dreamed up by some marketing guru.?

?Whacko? is probably not the appropriate word to describe even the most creative marketing effort. It?s also worth noting that most ?marketing gurus? ? whether we?re in-house or outside service-providers ? are paid to generate revenue, revenue that typically results from sales.

We ?gurus? are expected by our clients and employers to jump over, under, around or through whatever limitations we?re presented with ? including those imposed by lawyers. Our job is to transform the seemingly impossible into something that?s both doable and profitable.

However, and with all due respect, neither lawyers nor attorneys have ever been noted as the most imaginative people in the world. Most are quite content to live within ? and be confined by ? the limits of the laws they work with. Think about it. When was the last time you heard a lawyer ? or even an attorney ? encourage anyone to ?think outside the box.??

What prompted my most recent discussion with this ?dynamic duo? of the legal world was their mandate that I delete from the direct mail copy I?d written the two words that were the very essence of the motor club memberships my client was selling ? ?safety? and ?security.?

Their deletions were bad enough, but the air of finality with which these and most other lawyers hand down such mandates is rivaled only by the Almighty when He presented Moses with the 10 Commandments.

From a copywriter?s point of view, too many lawyers seem to fancy themselves the final authority on effective copy. And too many of us ?marketing gurus? ? along with the companies we work for ? allow them to get away with it, even though there are other options.

What kinds of options? These two have worked extremely well with my clients:

1. Share with management, those execs who hire the lawyers, what J. P. Morgan said he expected of a lawyer. Explain to management the benefits that result when the focus of their lawyers shifts from words they want to eliminate to words they consider defensible, words capable of being successfully defended in the unlikely event the matter ends up in court.

2. Ask management to insist that their marketing people, whether hired guns or in-house staffers, meet face to face with reviewing lawyers to discuss whatever changes those lawyers want made. Freedom to discuss is freedom to negotiate. Negotiate what? The substitution of words or phrases with meanings similar to the ones the lawyers want stricken, but words not as likely to be problematic. There are a great many very good words out there for both sides to agree on.

The role of the lawyer should not be to protect the company from every remotely conceivable contingency. It should be to advise management ? and the marketing staff ? whether or not the proposed marketing copy is reasonably defensible.

J.P. Morgan did quite well by letting his attorneys know up front what he expected of them: ??tell me how to do what I want to do.? There?s a lesson there for all to learn.

2006, Philip A. Grisolia, CBC

In addition to his skills as a marketing professional, Phil Grisolia is an accredited Certified Business Communicator (CBC), an author, educator, business coach, and an award-winning copywriter. To learn more about Phil and his professional skills, visit his website: http://PhilGrisolia.com

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Friday, January 30, 2009

Lawyers Have Ethics?

Did you know that lawyers actually have a code of conduct? Seriously I am not making this up, in fact that joke about the lawyer falling in the ocean in shark infested water but not getting eaten by the sharks due to professional courtesy gets a laugh, but actually they are suppose to eat each other up. Looky here at this code of conduct model rule;

The ABA Model Rule provides:

Rule 8.3 Reporting Professional Misconduct

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

If they actually followed their own rules then of course we would see many lawyers being drown in their sea of laws, but we do not. So I must ask the question; if lawyers do not follow their own rules is it any wonder that the follow the laws, rules and regulations of our civilization?

Oh you are probably wanting a punch line for this lawyer joke right? The punch line is that they have hijacked the rules and laws of our nation and refuse to follow any themselves. Now for the punch line; you freely accept this and let them do it! Jokes on you.

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

 

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Monday, January 26, 2009

Lawyers are Not Dogs

Look I am sick and tired of people saying that lawyers are dogs. Lawyers are not dogs, because dogs will bring back a bone if you throw it out there. If you throw money towards a lawyer they won't bring it back. I think it is just horrible that our society treats lawyers so bad and calls them dogs.

I'm sure most lawyers do not feel like they're dogs when they stroked themselves. I mean they are not furry and such and I'm sure they are not flexible enough to lick their underside. As a matter of fact there is really nothing similar to lawyers and dogs. Dogs are man's best friend and I do not know anyone who has a friend who is a lawyer and actually likes them, sure you might have a friend who's a lawyer and you pretend to like him, but you really don't and you secretly despise him inside. Don't you think they know that?

Lawyers are not dogs and therefore we should stop treating them like dogs and making fun of them and telling jokes at their expense. It really is not fair in this politically correct world to single out a group of people or a group of people in a specific professions such as law or lawyers as been dogs.

Now the other day I used my super duper pooper scooper to clean up the yard and as I began to pick it up I thought to myself this is much more similar to a lawyer then the dog who put it here.

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

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Monday, January 12, 2009

Los Angeles criminal lawyers

Los Angeles is a big city with a lot of ways to get in trouble with the law. The elements that make up a criminal system in Los Angeles include the police officers who investigate crime, the Los Angeles District Attorney?s Office who prosecutes those charged with committing a crime and the defense lawyers who represent the accused criminals. Even though the elements of the justice system are the same all over the country, every state in the United States has different rules and procedures pertaining to arrest procedures and the way trials are conducted.

After a person has been arrested, it is the job of the district attorney?s office to file formal charges against that person. An Assistant District Attorney will usually be the one that will handle the case against the accused individual. Their job is to prove beyond a reasonable doubt that the person accused is guilty of the crime. Their job is not an easy one due to the basic principle that the accused person is considered innocent until proven guilty.

The defense lawyers are the ones that represent those accused of a crime in their case. It is their duty to establish doubt among the judge and jury that the person is guilty. If you are accused of a crime you have two choices when it comes to finding representation. If you can afford it, hire a lawyer from a private law firm to represent you during this process. These lawyers can be very expensive, but they will fight for you aggressively. The other option is to have a court appointed lawyer represent you during your trail. Everyone has the right to be represented by a lawyer even if they cannot afford one.

Getting involved with the Los Angeles legal system is not the end of the world. However, you will need to be smart when dealing with people who want to take your freedom away. Do not answer any of their questions without having a lawyer present, and know your rights. That could mean the difference between going home or going to jail.

Criminal Lawyers provides detailed information on Criminal Lawyers, Criminal Defense Lawyers, Federal Criminal Lawyers, Los Angeles criminal lawyers and more. Criminal Lawyers is affliated with Las Vegas Criminal Defense Attorneys.

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Friday, July 4, 2008

Florida Injury Lawyers

People get injured in different situations and circumstances. Most injuries are caused by road accidents, dog bites [that injure someone in the U.S. every 40 seconds, according to a report], and slip-and-falls due to hazardous living conditions or work environments that involve poor lighting, changes in flooring or other factors.

People who are most vulnerable to injuries, in general, happen to be the aged and the children. In addition to the aforementioned reasons, they are sometimes abused physically and emotionally within their families, K-12 schools, old age homes and nursing homes. For example, a K-12 schoolteacher may inflict corporal punishment on one of the students, or an au pair in a household may inflict physical abuse on an infant.

Suppose in a nursing home, the nursing staff mistreats an 80-year-old patient, or a doctor prescribes a medicine without diagnosing the cause of the disease so that the problem gets aggravated. These also injure the person concerned in one way or the other.

Injury lawyers handle such cases and help the affected person, by seeing to it that the injuring party is penalized and that the injured person gets a fair deal, either rectification of the injury or monetary compensation, or both.

The Florida Bar, an official organ of the Supreme Court of Florida, is the professional and regulatory organization of all certified lawyers in the Sunshine State. Its main functions are to ?Protect the Rights? of the consumer, to ?Pursue Justice? and to ?Promote Professionalism,? as is evident from its official website, www.floridabar.org. It brings out many pamphlets for the use of the consumer. They include `Legal Rights of Senior Citizens,? `Sexual Harassment in the Workplace? and `What to do in Case of an Automobile Accident.? Some of the pamphlets are available in Spanish as well, on account of the large Spanish-speaking immigrant population in Florida.

The Website is an excellent source for finding injury lawyers in Florida at the click of a computer keyboard or mouse.



Florida Bankruptcy Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Bankruptcy Lawyers is affiliated with Florida Alcohol Treatment.

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Friday, June 27, 2008

Louisiana Real Estate Lawyers

Trading in real estate involves huge amounts of investments, sometimes your life savings. You may even have to raise loans at exorbitant rates of interest to buy the real estate, hoping that its appreciation will outbalance the investments. Yet there is always an element of risk involved, and instead of profits you may also end up with a loss. To put it simply, real estate investments involve great risks and should not be taken without thorough calculation based upon extensive expertise and research about the risks, and technical and legal aspects.

This may occur more particularly when you happen to purchase real estate in Louisiana, where the laws are different from other states of the US. In the process of buying real estate, you may have to interact with a variety of persons like real estate brokers, agents, bankers, mortgage officers, inspectors or other authorities whose functions you may not fully understand, before buying the property. Then there are the intricacies of real estate law, which need to be understood in order to draft the documents correctly. Several contract papers have to be signed, and a slight mistake in understanding a clause may cost you heavily.

The best course in such a situation would be to engage a Real Estate Lawyer who is conversant with laws in Louisiana. A little amount of money spent on legal fees can save a lot of loss and frustration. Real Estate Lawyers are easily available in every city and county. But you have to contact the right type of lawyer who specializes in your area of requirement. A generalist lawyer may not deliver the goods. A purchase agreement is a complicated document. Despite stringent laws, the possibility of fraud cannot always be ruled out. The property has to be accurately described. Then there are the technical terms and conditions of agreement which need to be understood. A slight error may land you in trouble, and so the best way out is to hire the services of a qualified Real Estate Lawyer.



Louisiana Probate Lawyers provides detailed information on Louisiana lawyers, Louisiana probate lawyers, Louisiana real estate lawyers, Louisiana divorce lawyers and more. Louisiana Probate Lawyers is affiliated with Massachusetts Divorce Lawyers.

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Saturday, June 21, 2008

Exporting American Lawyers To China

A few decades ago there was hardly any such field as international law - only domestic law representing clients with funny sounding names. Although that situation has changed, the globe is not yet as borderless as the media would have us believe it is. Nevertheless, US lawyers are heading to China in increasing numbers to practice ?cutting edge? foreign investment law, and many of these adventurers are fresh out of law school. Conventional wisdom has it that heading overseas straight out of law school will ruin your career back home should you ever want to relocate stateside.

I beg to differ. I know of a young man who graduated from law school in the mid-nineties with a high GPA, fluency in Mandarin Chinese, and experience as a Summer Associate in the Beijing office of a major international law firm. He had caught the ?Asia bug? and returned so fast that his diploma had to be mailed to him across the Pacific. Around the turn of the millennium he returned to the US to test out the theory that ?you can?t go home again?. With only a few months of effort he was able to land a premium position as a delivery driver for Pizza Hut, making a full dollar an hour above minimum wage (plus tips!).

Let?s get serious. Before you take a leap across the Pacific, take a look in the mirror and ask yourself this question: ?Am I an ?international Lawyer?, or am I an ?International lawyer??? (note the differences in capitalization). What?s Plan B in case practicing law in China falls through? Will you be practicing law in the United States, or will you be teaching English in China? What excites you about China law - China, or law?

Because when all is said and done, an office is an office whether it?s in Beijing, New York, or London. And like it or not, the inside of an office is where the average lawyer spends most of his/her waking hours. Likewise, legal work is legal work; there?s not any exciting difference between systems of business law whether you?re consulting with clients and drafting documents in Mandarin Chinese, English, or Serbo-Croatian.

Then there's the Prestige Factor. It?s very stylish these days for medium and large sized law firms to prattle on and on about ?our China Office? - and what's more, a China office allows for the issuance of impressive-looking bilingual business cards. It?s become such a potent status symbol that many firms (I strongly suspect) are holding on to money-losing offices in China just so they can keep Beijing on the list of cities where their firm has offices. Medium sized law firms in particular like to set up China offices to prove to their clients their status as Big Time International Players ? sort of like the teenager who won?t shave off his peach fuzz because it ?proves I?m a man?.

Better to forget about the prestige factor involved in practicing international law overseas. Holding a prestigious job is like marrying a fashion model ? it?s cool at first, but hey, law is a jealous mistress - after a couple of months the magic wears off and you?re going to have to live with her day after day, for better or for worse.

Anyway, ?our China Office? really means ?our China Rep Office?. Keep in mind that in China, representative offices may not engage in profit-generating activities. So how do US law firms get away with it? To be sure, a few of them are mostly engaged in the Western legal side of sophisticated cross-border transactions (and thus not generally in the market for new graduates), but the rest are practicing Chinese law illegally. They get away with this in Beijing and Hong Kong (not so often in Shanghai) because the Chinese authorities turn their heads, ignoring the wounded howls of jilted (and well-qualified) Chinese lawyers. The reality is that many foreign investors still feel more comfortable retaining US lawyers even though top Chinese lawyers are far better able to understand legal and linguistic nuances that American lawyers are likely to overlook.

In other words, US lawyers are tolerated by the Chinese authorities because they help attract foreign investment. When the English language ability of Chinese lawyers improves enough to inspire greater confidence among foreign investors, the Chinese government may start rolling up the welcome mat under the feet of American lawyers. And it won?t even take a new law to throw them out ? only enforcement of existing law. Imagine the spectacle of former China investment lawyers returning to the US wearing sandwich boards reading ?Will Litigate for Food?. Don?t get caught in mid-career all dressed up with no place to go.

The god news is, there is a loophole: China allows legal advisors who are not admitted to the local bar association to work in certain jobs that would require bar membership in the US. Included among such positions is corporate counsel ? at their best, 9 to 5 jobs that come with six-figure incomes. In case six figures isn?t enough for you, these positions often provide opportunities for greater wealth as the company grows ? stock options, for example.

Forget the international law firms doing the big sexy deals. If you are dead-set on China law, then grind out 2-4 years of business law experience in the US, and look for a job in the legal department of the China office of a Western multinational.

David A. Carnes is a California attorney currently working as a legal advisor for California Industrial City (Zhengzhou) Development Co., Ltd. in Zhengzhou, China. His website is Start a Company in China.


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Monday, June 9, 2008

Motorcycle Accident Lawyers

Motorcycle accidents account for a large number of traffic accidents, since their size and speed makes them difficult to see. If you have sustained an injury in a motorcycle accident, a motorcycle accident attorney can help ensure that your rights are protected and that the automobile insurance company does not take advantage of you.

The role of a motorcycle accident attorney is to help you through the auto accident claims process and deal with your and the other party?s insurance company to achieve the best possible recovery of damages. A motorcycle accident attorney helps victims recover damages for their pain, disability, and economic losses. Compensation that can be claimed may include compensation for pain and suffering, loss of past and future income, assistance for the future, medical expenses for the past and for the future, damage to your motorcycle, and loss of quality of life.

Proving a physical, emotional, or cognitive injury in court can be a difficult process. It is therefore advisable to contact an experienced and knowledgeable attorney who should be able to undertake difficult cases and convince skeptics of the merits of a claim via credible, trustworthy evidence and objective test findings. Make sure your chosen firm is committed to protecting your rights and can demonstrate their ability to succeed in the most challenging and complex motorcycle accident cases.

Also, make sure that your motorcycle accident lawyer has all documents that relate to your case. Keep copies if you wish to give the originals to your lawyer. It is also imperative to ask for copies of any other important documents. When you get a bill from your lawyer, review it carefully and ask about any charges that are unclear or not part of your agreement. Remember, a costly lawyer need not be the best in the business!



Auto Accident Lawyers provides detailed information on Accident Lawyers, Auto Accident Lawyers, Aviation Accident Lawyers, Car Accident Lawyers and more. Auto Accident Lawyers is affiliated with Illinois Car Accident Lawyers.

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Friday, May 30, 2008

Michigan Personal Injury Lawyers

The United States of America, as a federation of fifty states, delegates powers to each of the states to enact laws for governance. The legislature of each state can enact laws to protect citizens, control law and order, and manage the economy and other aspects of governance. Hence, laws can vary from state to state.

Michigan, with its thirteen countries and a population of 10 million, enacts laws through the legislature. It protects its citizens from injuries caused by another party, defective products, or animals.

In the Michigan law, personal injury is defined as a physical, mental or psychological injury caused by another party. Personal injury cases are governed by ?tort laws.? According to the Michigan Judicial Institute Handbook of legal terms, a tort is defined as an injury or wrong committed against the person or property of another, arising out of violation of a duty established by law rather than by contract. The keyword in establishing the case for personal injury is ?negligence? in regards to a rule, procedure or a standard of code.

Personal injuries can be caused by auto accidents, birth injuries, dog bites, medical malpractice, product liability, on-the-job mishaps and more. Lawyers who are licensed to practice law in the state of Michigan by the state Bar of Michigan are allowed to take cases related to personal injury.

It should also be kept in mind that not all law firms and lawyers take personal injury cases. Among those who do, some restrict themselves to niche areas like medical malpractice. These lawyers take up the case with the objective to get maximum compensation for the injured.

There are cases where the lawyers have obtained millions of dollars for the injured from the defendants, usually, insurance companies or product manufacturing companies. The testimonies and credentials of lawyers can be obtained from the state bar of Michigan, from the websites of the respective law firms.



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Monday, May 5, 2008

Asbestos Mesothelioma Lawyers

Mesothelioma is only one of the asbestos-related diseases, but it is the most serious among them because it can be a deadly form of cancer that affects workers who have been working unprotected in an asbestos environment.

Mesothelioma cases in the States are still rare. It is estimated that there are about 2,000-3,000 new cases every year, but this is probably due to the fact that the majority of people who had been affected by asbestos in the 1930s and 1940s have already died and those who have been exposed to it in the 1960s-1970s still have not developed mesothelioma, so it is fair to say that more mesothelioma cases can be expected in the years to come.

Since mesothelioma is clearly related to unprotected exposure to asbestos in the past, there have been many lawsuits of the victims of the asbestos against companies, who instead of taking measures to protect them against the dangers, chose to hide from the general public facts about the devastating effects of asbestos on human health.

It is this wrongdoing that makes companies liable to their workers and gives grounds for asbestos mesothelioma lawyers to file lawsuits on behalf of their clients. There are lawyers who have significant experience in such cases and have won impressive verdicts for the companies, whose behavior was next to criminal.

Additionally, lawyers who have specialized in the area of mesothelioma know enough about the disease itself to plead the case in court and help their clients. There are mesothelioma lawyers who had virtually done miracles to defect their clients in court!

Therefore, if you or your family is considering starting a mesothelioma lawsuit, the first thing to do is to find a good asbestos mesothelioma lawyer.

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Saturday, March 29, 2008

Florida Car Accident Lawyers

The sunshine and warm temperatures of Florida attract millions of visitors each year. This is one factor that adds to the number of car accidents in the state -- the tourists? lack of familiarity with the roads can cause accidents. However, tourists in Florida do not cause most car accidents. Excessive speeding and driving under the influence of alcohol are the two main causes of accidents.

Every driver is responsible for taking actions to prevent a car accident. Negligence resulting in a car accident in Florida represents grounds for a lawsuit. Depending on the degree of negligence, it could involve the state Attorney General's office.

Florida Lawyers are knowledgeable about the law regarding car accidents in the state and will work to prepare the case efficiently. Even though it is difficult to avoid responsibility in a Florida car accident, the lawyer will leave no stone unturned to get all the facts surrounding the case. It also has to be proved that the plaintiff has suffered damages, either personal injury or property damage. In addition, a Florida car accident lawyer will look for compensation for such things as mental anguish and inconvenience. Other aspects of the case that a lawyer will look into are facts regarding the mental state of the defendant during the accident.

The state of Florida requires that motor vehicles have a kind of no-fault insurance coverage called Personal Injury Protection (PIP). All registered and licensed vehicles in Florida are required to carry this insurance.

PIP is an insurance protection that pays the driver and occupants of any vehicle for any kind of personal injury caused by a driver who does not have insurance. This means that participants in an accident have protection if any other person does not have insurance. It is important to seek attorney help because Florida attorneys who specialize in car accident cases commonly know such information.


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Thursday, December 20, 2007

Child Injury Lawyers - Oklahoma

Child injuries are devastating and tragic events. Children are the most susceptible to many types of severe bodily injuries because of their participation in so many dynamic activities. Child injuries can vary from skinned knees and broken bones to permanent disability and sometimes even death. The leading cause of death in Oklahomans under the age of 19 is accidental injuries. These numbers are constantly on the rise, and are not slowing down.

Even the most protective parents cant watch their children all the time. Dangerous chemicals, asbestos and toxins can cause children to develop life-threatening disabilities and can interfere with their growth and development. Caring for an injured child can involve great emotional and financial costs. Sometime parents are left with no choice other than watching helplessly as their child struggles through life.

Parents have the legal right to be compensated for both the financial drain and emotional injury that comes from caring for an injured child. A child injury attorney can help you receive the compensation you deserve. For more information on child injuries please visit our website at http://www.askanoklahomalawyer.com

This article may be freely reprinted as long as all links stay in-tact and this resource box is included. For more information please visit http://www.askanoklahomalawyer.com , http://www.oklalawyer.com and http://www.oklahomacriminallawcenter.com

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Wednesday, December 5, 2007

Personal Injury Lawyers at your service



Accidents and personal injuries can never be prevented. It can happen anytime and anywhere without even knowing it. You are unaware with the things that are going to happen with your surroundings. Since this is unstoppable, there are certain rules to compensate with your losses and injuries. In doing so, consulting a lawyer will ease the burden and you can fight for your rights just the way it should be.

Some people and victims decline to consult a lawyer with the thought that seeking one will only make them spend a lot of money without winning anything and make it even worse. Sometimes they fear of making their case get too complicated so they remain silent and still. Everyone has the right to be defended and reserves to fight for their rights.

It is true that cases and hearings are too stressful and nerve-racking but if you caught a good lawyer to handle your case, it is never a problem at all. You just leave it to your lawyer and you will be left worry-free.

If by chance you get involved in a personal injury case, you should claim for your compensation with no second thoughts. It will never be difficult in dealing with it as long as you find the right lawyer to guide you with the proceedings. Filing a case will never be a hassle if you have a lawyer because they all do the steps for you and all you have to do is state your claims.

This is never a problem anymore because there are so many lawyers to consult. One good thing is you will never think that your lawyers will not exert their efforts because they will be paid if your case gets successfully resolved. So you will never have to pay for nothing and waste a big amount of money. Plus, you get fully compensated with all your claims and make sure you are left with nothing.

Your compensation will cover repairs, medical treatment, doctor fee, damages on your vehicle and other evident physical injuries. So if you experienced all these, it is very necessary for you to consult a lawyer. They are designed to keep your case on the right track. So when you feel that your rights are violated, do not have doubts to consult a lawyer before you miss it all!

For more related articles, you may visit http://www.mesrianilaw.com

Karen Nodalo came across writing when she was about 11. The whole craze for writing started when she first wrote her diary during elementary years. After school, she would write in it first before doing homework. She finds it cool and until now she still keeps one.

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