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Month: November 2016

How To Become A Good Lawyer

How To Become A Good Lawyer

A good lawyer comes from being a person of good character, but technically, good lawyers should accomplish satisfactory if not excellent grades from any 4 year courses in college (bachelors degree) and must have 3 years in law school.

Lawyers are expected to be equipped with good communication and writing skills. There are a lot of law students who excelled during their college years but have difficulty in law school because of poor penmanship or being unable to express their opinions in public or in a courtroom. A lawyer should be fluent in English in a courtroom, and should be able to receive constructive criticism. These also mean that you must have a wide knowledge on basic laws. Lawyers generally have backgrounds in English, Philosophy, Ethics, Logic, Political Science, Economics, Public Speaking and Foreign Languages. Critical thinking and analytical reasoning of solving problems is very important. A lawyer who sets goals in a systematic way will find it easy to deal the day-to-day demands of court and cases assigned.

New applicants must take and pass the Law School Admission Test (LSAT) before admission to law school. It serves as a measurement of proficiency in reading and verbal reasoning skills that law schools use as one of their screening tests. The test is given to aspiring law students quarterly in different nations worldwide.

Prior to submission on law school, a lawyer must decide his field of interest or specialization to put into practice. Some lawyers find it advantage to specialize based on their college courses. A student graduated of accountancy is best suited to become a corporate lawyer. A pre-med graduate finds its easy to deal with legal matters in the court concerning medical malpractice and other medico-ethical cases. Good lawyers initiate and perform their job well if familiarity in legal issues governed the case is established. Others take different fields of specialization aside from their course in college for they find it a challenge to tackle unfamiliar fields of interest. Its also good for a lawyer to stand for what he believes in, but it even better if a lawyer seeks opinions from other lawyers or seniors. This allows collaboration of opinions and derivation of a better solution or conclusion to a problem.

A good medium of acquiring knowledge and development of systematic skills is to have an internship in a courtroom or to become a student assistant of a court lawyer. Its a good opportunity for a law student to see what it really takes to become a good lawyer.

A good lawyer displays not only intelligence and mastery of law but also an attitude and character towards work. The judge in a courtroom notices lawyers who perform their job with dignity and sense of respect. They are generally recommended for promotions and receive acknowledgment of the service they have rendered. Its not the school or peoples opinions that molds a good lawyer, but the lawyer who decides and stand up to become one.

Sizeable Details Within Legal Transcription Delhi – The Fundamentals

Sizeable Details Within Legal Transcription Delhi – The Fundamentals

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Breach Of Partnership And Its Legal Consequences

Breach Of Partnership And Its Legal Consequences

Sometimes a dispute between two business partners can happen especially when one of them has violated a certain agreement. In this situation, a business should be dissolved to expel a partner, unless that the terms and conditions in expulsion is included in the partnership agreement.

According to lawyers, the condition of expulsion should be addressed in all partnership agreements, allowing business co-owners to expel someone who has done something wrong against the company.

Because expulsion involves many legal issues and ramifications, here are some of the circumstances which must be considered:

“Bad Faith Expulsions

When a partner can prove to the court that his co-partners have taken advantage and violated the partnership agreement and that the expulsion is done in “bad faith”, his discharge is considered illegal.

“Illegal Expulsion

When the expulsion involves discrimination based on gender, sexual orientation, age, disability, religion, race, and national origin, the courts will consider this as unlawful.

“At Will Partnership

In this legal arrangement, the expelled partner and those who remain are not liable for a breach of contract.

“After Expelling a Partner

If there is an expulsion clause in the partnership agreement and the grounds for discharging a person is justified, a business can continue its operation even if one or more partners are removed.

“Paying the Share of the Departing Partner

Anyone who will leave the business through expulsion (if the operation will continue), should receive payment for his share. Usually, the amount will depend on the agreement which is made in advance.

“Dissolution

If a business is dissolved as a way to expel a partner, all its assets should be liquidated and distributed to pay the shares of other partners or pay the company”s debts and liabilities.
However, if the dissolution has not yet been completed, the “departing” partner still has the authority and the right to make decisions that will affect the business.

“Unlawful Dissolution

If there is a contract stating that the duties in the partnership agreement should be performed in a specific duration, but a partner dissolves the deal even before the period ends, his co-partners can file a lawsuit against him for breaching the contract.

“Partner Backing-out from the agreement

Under the Revised Uniform Partnership Act, a partner who wrongfully backs out from his partnership deal may be sued by his co-partners for breaching the contract. According to lawyers, most states follow this law.

Selecting A Calgary Lawyer

Selecting A Calgary Lawyer

A qualified Calgary lawyer can change the way your case progresses regardless of what type of case it is. The key to success can sometimes be hiring the most experienced lawyer you can with an excellent track record. While you may not ever see the inside of a courtroom or go to trial, you should hire a lawyer that has trial experience. It is vital that they understand the process and can handle themselves in a jury trial in the event that your case gets there. While you hope that they will be able to handle things outside of a court room you need to know that the lawyer is ready for the possibility and that they can prepare you for the possibility.

When hiring a Calgary lawyer make sure that you set up an initial consultation which will not cost you anything. The lawyer will go over the case with you and determine if there is any merit to it. They will let you know if they believe you have a good chance with your case and how they might proceed with the case. While they can not make any true deductions regarding the outcome of your file they can give you an idea of what to expect along the way. If you feel that the lawyer can do a good job protecting your rights during the case, you will want to talk to them about their fee.

Depending on what type of case you have, the Calgary lawyer may charge you using a retainer fee. This means that they will collect a set amount of money from you and place it in an interest bearing escrow account. As they work on the case they will withdraw money from the escrow account for the fees and costs. They will then send you statements of the account so that you know what they have been charging for and what the balance is in the account. If the account gets below a set amount of money they will ask that you replenish the account bringing back to the original amount.

Another possible method that the Calgary lawyer will use to charge you for their services is a contingency fee. This is the process that many personal injury lawyers use in charging for their services. You will not be charged anything throughout the case and will instead be charged upon settlement of the case if you receive a monetary value. The amount they will receive is often 30% but it is something that they will discuss with your and put into a contingency fee agreement signed by both parties.

In some cases the lawyer will charge you as the case proceeds. They will bill you monthly and expect prompt payment. They may ask that you make a deposit prior to starting the case and that you pay within 10 days of receiving the bill for services. In this case the lawyer will charge you for telephone calls made based on time spent using an hourly rate. They will charge a separate hourly rate for paralegal work in the same regard. The time spent on your file will be billed to your in increments. For things such as filing fees and copies the lawyer will charge you for each copy made or service utilized on your behalf.

A good lawyer can be an invaluable part of your case and present you with excellent opportunity to potentially win your situation. You will need to be up front with the lawyer regarding the circumstances and provide them with all related documentation in order for them to provide you with appropriate counsel for the case at hand.

Car Accident Aftermath Economic Costs And Legal Consequences

Car Accident Aftermath Economic Costs And Legal Consequences

The US Department of Transportation said that car accident is one of the leading preventable causes of death in the country, killing at least 43,000 people every year.

With the seriousness of car accident aftermath, many studies have focused in finding the causes and trends about this preventable accident.

Some remarkable findings about car accidents conducted by the Fatality Analysis Reporting System in 2007:

Thirty-two percent of deaths involving car crashes was caused by drunk driving.
The occupant fatality rate decreased by 8.5 percent compared to the previous year.
Twelve midnight to 3 am is the period when most car accidents occurred.

Economic Costs (based on the study made by motorist advocacy group AAA)

Each year, car accidents cost each American more than $1,000 (the cost includes police service, lost of productivity, property damage, medical expenses, emergency service, and loss of lives).
Auto accident is two-and-a-half more expensive than traffic jams in the country. According to the advocacy group, road congestion costs around $67.6 billion every year, or $430 for each individual.
People living in urban areas with a population of more than 3 million pay two times the cost of traffic jams for car accidents.
People living in small towns with a population of less than 500,000 pay seven times the cost of traffic congestion.

Legal Consequences of Car Accidents

If a driver hit a pedestrian and did not stop, it is considered to be a criminal offense.
In the US, personal injury claims is the most common type of tort law that will allow victims to be rightfully compensated.
Some states administer the suspension of a drivers who has violated the traffic rules.
In some states like South Carolina, all traffic violations have been criminalized.
Some states have its criminal law separate from its traffic law.

Some Common Causes of Car Accidents

Using mobile phone while driving. In California alone, nearly 4,700 car accidents involved cell phone use behind the wheel, resulting to 30 deaths and 2,800 injured every year.
Road design. According to a study, nearly 30 percent of car accidents are caused by poor roadway design.
The vehicles design and its condition. According to a study, SUVs are prone to rollover crash with its higher center of gravity. Some vehicles which are vulnerable to rollover are: Isuzu Trooper, Suzuki Samurai, Ford E-series, Ford Bronco II, Mitsubishi Pajero and Montero, and Jeep CJ.
Poor vehicle maintenance. Breaks and tires which are in a bad condition are one of the most common causes of road accidents worldwide.
Driving above or below the average speed. According to the US Department of Transportation, driving below the average speed makes people more vulnerable to accident than driving above the speed limit (this finding contradicts the common belief that slow drivers are safer).
Driving under the influence of alcohol. This substance is proven to diminish a persons reflexes and decision-making skills, making him prone to road accidents.
Heavy rain or snow. Bad weather condition also accounted for many car crashes in the country.
Reckless driving.

Mediation – Stages of Mediation

Mediation – Stages of Mediation

Mediation will usually happen in five different stages;

1) The initial meeting
2) Joint meeting
3) Working with the mediator
4) Evaluation of the mediation
5) The settlement

The initial meeting is where each party is assisted by a mediator in exploring and clarifying the issues and feelings involved and decide if mediation would be a positive option in resolving the difficulties. The Joint meeting will start the parties concerned in the dispute by working towards and create a workable settlement or agreement about the future. This meeting will build a mutual understanding of the parties ongoing working relationship. The acting mediator will need to interact constructively with the parties while at the same time be completely impartial at all stages even within the parties company. Evaluating the mediation process would look at the contribution and results that both parties involved have given with a concept of improving the relationship for both parties interest. It will then be vital to ensure that both parties have recognised that they have developed various new techniques to resolve disputes through mediation which could be very helpful in relation to work in the future.

Every mediator will conduct the mediation process differently, it all depends on the mediator, the dispute and the parties involved. There are generally some key stages which help to set out the basic structure of the mediation process. A mediator would be appointed by both parties who have agreed on the choice, this is usually done either independently or through their personal legal advisers. The mediation date would then be set by both parties with an agreed neutral place for the mediation to take place. The venue should have at least three separate rooms so private discussions can be held, one for each party to the dispute and one room that is used for the face to face negotiations between parties.

The mediator should receive all documentation and a case summary from both parties before the mediation can take place. This allow the mediator to be ready for the mediation and should allow them to understand the dispute more fully. The mediator can also contact both parties or their legal advisers before mediation begins in order to clarify any points about the case. Mediation is an informal process, but all involved will have a legal duty to sign a mediation agreement that states the basic rules and procedures that will applying to the mediation process.

On the mediation date, each party will have an initial private meeting with the mediator followed by a joint meeting with both parties and their legal advisers. This allows each party to share their own views and point out the main issues that they have. Once this has happened there is a session of private and confidential meetings that take place during the day, these meeting will generally consist of the mediators seperate meetings with each party that look into the main issues in order to completely understand both parties needs. Towards the end of the day, the mediator will encourage the parties to start constructive and fair negotiations.

Reasons Law Firms Hire Virtual Legal Receptionists

Reasons Law Firms Hire Virtual Legal Receptionists

A lawyer’s time is precious. Time management often determines the outcome of a case, especially for solo and small firm attorneys. Yet many attorneys become bogged down with answering phones, keeping track of messages, or overseeing an on-staff receptionist. Some savvy solo and small firm attorneys, however, have discovered a simple, cost-efficient way to find extra time: hiring a virtual legal receptionist.

Many business owners are presently surprised by the professionalism of a modern answering service. Lawyers across the country have found virtual reception services remarkably helpful. Virtual legal receptionists provide phone answering services from a remote location, and the best attorney answering services employ cutting-edge technology to ensure legal clients can’t detect that they’re speaking to a remote receptionist. In addition to cheerfully, respectfully answering incoming calls, today’s virtual receptionists can answer clients’ questions, transfer live calls, forward messages via text or email, and convey the kind of sincere interest that wins new accounts.

Following are the top five benefits lawyers say they receive from hiring a virtual legal receptionist:

1. Increased happiness and job satisfaction. “Only about half of lawyers are very satisfied or satisfied with their work,” states the introduction to the Syracuse Law Review’s Symposium on Lawyer Happiness. Rates of depression and substance abuse are significantly higher for attorneys as compared to the average American. “The increasing pace, pressure, and competitiveness of modern practice,” including “intensified demands for instant responsiveness” are major factors in dissatisfaction among lawyers, according to the Syracuse Law Review piece. Hiring a virtual receptionist relieves some of these demands and pressures by providing reliable and instant responsiveness, allowing lawyers to spend more time performing the tasks they find fulfilling.

2. Increased efficiency. Virtual reception services make lawyers more efficient. Confident that incoming calls will be handled professionally, attorneys with virtual reception services are no longer tied to the office. Even when a lawyer is in court, attorney answering services can forward phone messages via email or text messaging. The best virtual reception firms can also provide a complete record of every message they’ve sent, providing a helpful reference.

3. Lower labor costs. Switching from a full-time, in-house receptionist to a virtual legal receptionist is cost-efficient because virtual reception services are charged only according to the time actually used. In other words, you’re not paying for a receptionist to sit at the desk all day–you’re only charged for the moments that a receptionist is actually handling a call. The answering service company pays for their virtual receptionists’ benefits such as workers comp, saving you even more money. Furthermore, virtual receptionists never get sick, never ask for time off and are never late.

4. A better office environment. Solo and small firm attorneys often hire a virtual receptionist service to cover the phones during especially hectic times and end up retaining their services for multiple reasons. First, employing a virtual receptionist means you’re not paying paralegal rates for reception. Second, employee happiness within solo and small law groups often improves when attorney answering services are enlisted. This is because paralegals and other employees can focus better on their most important work when they’re not interrupted by having to answering the office phone.

5. With a virtual receptionist, you’ll never miss a call from a prospective client. This is the most important benefit of hiring a virtual receptionist. As solo and small firm attorneys are well aware, potential clients often call down the phonebook listings; if they reach an answering machine or an automated service, they simply move onto the next listing. Prospective clients do not want to reach an answering machine. They want to feel someone is working on their case immediately. Instant responsiveness distinguishes today’s most successful lawyers from the rest of the pack.

Hiring a virtual receptionist ensures every potential client will speak to a live person. Remote live receptionists act as a professional, responsive “face” for your business. For this reason, a virtual receptionist is a powerful tool for obtaining new accounts.

Many benefits come from hiring a virtual receptionist, from improving your time management to boosting your firm’s long-term success. And, ultimately, it can bring lawyers and their employees peace of mind and increased job satisfaction.

Why Legal Transcription Outsourcing Is Beneficial

Why Legal Transcription Outsourcing Is Beneficial

Legal transcription outsourcing is highly beneficial for attorneys, corporate legal firms, and other legal entities as it provides them with accurate, timely and affordable documentation solutions. Outsourcing helps to reduce their work stress and ensures them of high quality documents. Busy legal professionals have to handle lot of cases and need to file all the information systematically. All audio and video recordings of important legal events and activities have to be properly documented. Legal transcription services can ensure effective documentation solutions for memorandum letters, depositions, hearings, legal pleadings, reports, briefs, court proceedings, client letters, and more.

Attractive Benefits with Professional Legal Transcription Services

Partnering with a competent legal transcription company can provide many benefits:

Cost-effective solutions in customized turnaround times: Legal transcription outsourcing is cost-effective. If the work is done in the legal practice, it would involve additional investment in the hardware, software and other infrastructure needed for transcription. Outsourcing would solve this issue as the service provider would be well-equipped to provide professional documentation solutions in an affordable manner and in time to meet strict legal deadlines.

Flexible dictation options: A reputable legal transcription company would offer convenient dictation options for busy lawyers. This would include such as telephone dictation through toll-free numbers or dictation via a digital recorder. For telephonic dictation, the files are converted to digital format before the transcriptionist begins work on it.

High quality transcripts: Error-free legal transcription is possible when the work is performed by experts. The team of trained and skilled legal transcriptionists would have an excellent knowledge of legal terminology and can provide accurate verbatim or non-verbatim transcripts in custom turnaround time. Multi-level quality checks would also ensure up to 99 percent accuracy for the transcribed documents.

Security and confidentiality: This is very important when handling legal data and information. Professional legal transcription companies are well aware of the importance of confidentiality and have many measures in place to ensure safety of their clients” files, such as secure browser-based, FTP or email transfer.

Reduces backlog and save time: Relying on a transcription service provider helps reduce documentation backlogs in the legal practice. With the right service provider, legal professionals would have more time to devote to their core tasks.

Legal transcription companies may also offer privileges such as transcription server interface, electronic signatures, full work stream modules, and transcription management software.

All these benefits are prompting more and more legal practices to rely on legal transcription outsourcing. It”s important to choose a reliable service provider to enjoy all their advantages. When it comes to the cost, the right legal transcription company can help their clients save up to 30-40 percent on their costs.

Eastside Portland Oregon Accident Lawyer Chris Covert

Eastside Portland Oregon Accident Lawyer Chris Covert

Whenever you have been injured in a collision or other accidents, you most likely are nervous about who’s going to pay your medical payments, misplaced wages, and numerous unforeseen damages. The very last thing you need is to be treated unjustly by an insurance company. In the event you do not defend your rights, chances are you’ll not have the ability to file a claim.

Insurance companies have attorneys and adjusters whose sole aim is to pay you as little as they can. You want a Portland injury attorney to fight for you. Chris Covert is devoted to doing whatever that is needed to get as much money as you can possibly recover according to the law.

Some individuals are injured in accidents due to the fault of other individual however their damages aren’t serious. The insurance company might not give the injured individual any compensation, or a small amount because they are aware that attorneys will not be going to take such a small case. Nevertheless, in Oregon there’s a regulation which permits for lawyer fees to be paid by the defense in small cases. It also accelerates the process. When you make a demand to the insurance company for $7,500 or less the insurance company has 30 days to respond with an offer. If they make no offer and the case goes to trial whatever amount of compensation signifies that the defense is on the hook for a large amount of legal fees. If they make a low offer and that amount is beat at trial the insurance company can also be required to pay for your attorney’s fees. The reason this is important is that it forces the insurance companies to make favorable offers on small matters or take a chance paying huge legal fees. Contact Chris Covert an experience personal injury attorney to go over your options on a small case.

You need an attorney who will work exhaustingly to protect your rights, maximize your insurance settlement and reduce the hassles of dealing with the insurance companies. You need an experienced and aggressive Oregon trial lawyer with proven results who will go to length for you. Having an experienced Portland Injury Attorney could make all the difference between getting what you deserve and getting nothing.

With out the specter of an attorney who’s eager to go to trial and is aiming for a sizable jury verdict, why would an insurance company pay you what your claim is absolutely valued? Lawsuits might be costly, and many individuals won’t have the money to pursue their claim. In each case, Chris Covert advance all fees related to pursuing your case and he won’t ask you for a penny till he gets the cash from the defendant.

Chris Covert is an skilled aggressive trial attorney who has tried quite a few variety of jury trials. Chris Covert is just not afraid to take your case to trial if that’s what it takes to maximize the amount of cash you win in your personal injury. Chris Covert Portland accident attorneys gives each clients personalized service, and he is not going to hand your case off your case to an untested lawyer.

Accidents can flip your life upside down. Filing a personal injury claim may be troublesome and time consuming. As soon as Chris Covert decides to represent you, you’ll be able to get on with your life.

Settlement After Doctor Fails To Notify Patient Of Incomplete And Unreliable Colon Cancer Tests Results

Settlement After Doctor Fails To Notify Patient Of Incomplete And Unreliable Colon Cancer Tests Results

Some people are at risk of having or getting certain forms of cancer. With colon cancer, as an illustration, people with certain conditions , with particular symptoms , or with a family history are at risk. If a person both has a family history and also has complaints of symptoms such as blood in the stool, physicians usually acknowledge that a colonoscopy is needed so as to check if the individual has colon cancer or rule it out. In addition to testing patients who are at a greater risk level, physicians also typically suggest that asymptomatic individuals who are 50 or older go through routine screening in order to spot any cancer that may be developing in the colon before it reaches an advanced stage.

Yet in order to be reliable a colonoscopy needs to be complete. It must cover the whole length of the colon. Among the reasons that a doctor might not finish the colonoscopy is poor prior preparation resulting in inadequate visualization or the existence of an obstruction which makes it impossible to pass the scope beyond the location of the obstruction. When situations like these occur the physician ought to inform the patient and suggest that the patient either undergo an alternative procedure or a repeat colonoscopy. A failure to do so may result in an undetected cancer which can grow and progress to an advanced stage prior to being detected.

One lawsuit that was documented concerned a woman who died of colon cancer in her mid forties due to the fact that her cancer was not discovered until it had already metastasized even though her physicians for years had information that she was at high risk. Look at her medical history. She had a family history of colon cancer. During the length of six years, doctors conducted three colonospies on this patient. On many occasions she continued to tell her doctors that she was experiencing pain in the abdomen and that she saw blood in her stool. At a minimum, on one occasion the woman’s blood work also showed that she was anemic. All 3 are possible symptoms of colon cancer.

The notes from 2 of the colonoscopies revealed that there was incomplete visualization of the ascending colon and cecum as the scope could not be passed beyond the transverse colon. Yet, the physician who conducted the three colonoscopies and followed the woman during this time kept indicating to the woman that her symptoms were caused by hemorrhoids.

The woman was finally diagnosed with colon cancer when her tumor was detected during exploratory surgery as a way to figure out the cause of her problems. A large percentage of her intestines was taken out because of the cancer. Chemotherapy followed but the woman eventually passed away from the cancer. As a result of the physician’s failure to follow up on her symptoms in light of two incomplete colonoscopies the womans surviving family pursued a claim. The law firm handled the case was able to publisize that they were able to achieve a recovery for the family in the amount of $875,000

Physicians use diagnostic tests to discover or exclude specific diseases including specific kinds of cancers. For example, the colonoscopy is a procedure employed to find or rule out colon cancer. But the test is only as good as the accuracy with which the test was carried out. A colonoscopy employs a scope to visualize the interior of the colon so as to determine whether there are polyps or tumors in the colon

If the total colon is not visualized, as in the claim above, a physician should not count on it to exclude cancer. Doing so makes about as much sense as only listening to one of your lungs, examining only one of your eyes, or ordering only part of a complete blood count. When the patient does have cancer this may result in a delay in diagnosis that allows the cancer time to grow and progress to an incurable stage. Under such circumstances the doctor who relied on such an incomplete procedure might be liable.