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Month: September 2017

Choosing the right immigration asylum lawyer

Choosing the right immigration asylum lawyer

When you ask for asylum in the United States of America, you must have a very good reason for doing so. Immigration asylum is generally given to people that have been oppressed by the governments of their own countries, as a result of several reasons ranging from skin colour, sexual orientation, and race to political differences, different views and ideas, and even speaking your mind and standing up for what is right. However, asking for asylum is not enough to get you in the clear. You have to convince the US government that you deserve it, and that you really are persecuted by your government. This is where an immigration asylum lawyer comes handy. That is not easy, and can be quite daunting and difficult if done alone. You don’t have any experience practicing law in the United States, and you certainly don’t know the entire constitution and immigration legislations, not to mention the fact that you might not even be able to speak the language correctly, let alone compile a case and build a strong defence around it. The best chance you have is with an immigration asylum lawyer

by your side. And while you’re at it, why not pick the best one? Picking the best one is a hard thing to do, because each and every one of them will advertise themselves as much as they can as being the best asylum immigration So what you have to do is look beyond the advertising and look at how they actually present themselves. Look at the immigration asylum lawyer’s past work, look at how they express themselves, and look for their confidence in your case. If you feel that a certain immigration asylum lawyer is confident, you will feel confident around them and you will know that together you will have higher chances of success. After you make up your mind, and you chose your immigration asylum lawyer, you have to work with him/her on your case. You have to build a case together, build a solid defences together, compile evidence together, and do everything that is in your power to iron out all the kinks and creases before you go to your interview or court hearing.

The Importance Of Legal Representation In Court

The Importance Of Legal Representation In Court

Legal representation of your case in the court is very important. If you are trying to save some legal fees by not taking legal representation that is your attorney to the court, you will end up paying more amounts if you make a compromise with your rights and interests. The Commission notes the importance of legal representation as a means of enforcing rights. The Commission points out that ‘rights are useless unless the people who have those rights are aware of them, their significance, and how to use them effectively’. We would suggest that this view applies equally to the victim and the accused. The Commission further recognises that it is not the primary function of either the presiding officer or the prosecutor to act as protector of the victim’s rights.

Indeed, it is explicitly noted that there are times when the victim’s interests and those of the prosecution may substantially diverge, with the Commission stating that ‘the role of the prosecutor is not that of a legal representative for the victim’. This condition is applicable in special cases of crime done by the accused person. Furthermore, the adversarial nature of our trial process means that victims, as main state witness are often subject to gruelling cross-examinations by defence attorneys, charged with protecting the interests of their clients. Given that sexual offences are treated as a crime against the State and that neither the prosecutor not the presiding officer carries any responsibility for protecting the rights and interests of the victim, it’s not surprising that we see the levels of secondary victimisation that we do.

The Commission points to a number of instances where the victim’s rights or interests may be infringed upon throughout the criminal justice process. This can happen to anyone who is under trial. These include limited access to information from the time that the victim reports the crime through to sentencing, parole and release Inappropriate questioning from the accuse (both in terms of content and manner) during the trial And limited input at some crucial stages of the proceedings, such as bail and sentencing(which are very important), which can result in weakening of the case that is charged on you. We have, throughout our submission made a number of recommendations for improving the victim’s position. We believe that the presence of a legal representative charged with protecting the victim’s interests will substantially bolster the effect of both our recommendations and the many positive changes recommended by the Commission. This will help you as the case can take some remarkable turns in your favour and more is your possibility of winning the case than in the absence of any of your legal representative.

We recommend therefore that a legal representative for the victim be present throughout the pre-trial process, at the trial (where necessary and appropriate) and at sentencing. The lawyer will help you, guide you and will find justice for you.

Reasons To Hire A Birth Injury Lawyer

Reasons To Hire A Birth Injury Lawyer

There are some situations in which you should hire an injury lawyer after your child is born. This is because some newborns are hurt or even disabled for life because of a simple mistake made by a medical professional. If you suspect your child was harmed in any way before, during, or just after his or her birth, you should talk to an attorney to find out if you have a good case.

Before the birth, there are many things that could go wrong that may lead to the baby being harmed. For example, if a doctor does not give proper prenatal care during the pregnancy, the child may end up suffering the consequences. Some doctors simply give bad advice that may end up hurting the baby. This may include prescribing harmful medication to the mother or brushing off issues that are actually serious. If you do not think you were given the proper attention and care during pregnancy, and now your newborn has been hurt as a result, you should talk to an injury lawyer with experience handling birth injuries.

During the birth, many things can go wrong, especially if your doctor is not paying attention or is simply not properly trained. For example, if it is clear the newborn is too large for vaginal birth and ends up stuck, medical professionals have a duty to notice this and make some changes as soon as possible. Most are able to quickly prepare women for C-sections when necessary, but some ignore the signs and end up injuring newborns. Poor choices on the part of the doctor could cause your baby to not get enough oxygen, causing brain injuries. In addition, some doctors are too rough when using forceps and other tools to get babies out quickly. If your newborn was injured as a result of these or similar mistakes, you should contact an attorney. The compensation you might get could help with your child’s healthcare bills.

Sometimes medical professionals do the wrong thing after babies are born. For instance, they might give them the wrong medicine, or at least the wrong dose. They might even drop them or accidentally puncture their skin with a medical tool. In addition, some physicians take too long to address obvious medical problems in newborns, or they offer the wrong treatment. A lot can go wrong when doctors are not paying attention or are improperly trained.

You can see by now there are many reasons to hire an injury lawyer for a baby. If you believe your baby’s doctor made a wrong move before, during, or after you went into labor, you should find out from an attorney if you have a case. You can then learn what kind of compensation amount to seek in order to help pay for your child’s medical bills.

Workers’ Compensation Lawyer

Workers’ Compensation Lawyer

Workers’ Compensation Attorneys comprise the specific class of lawyers who devote their legal practice to handling workers’ compensation claims. Worker’s compensation refers to the insurance or compensation provided to cover any personal or physical injury, medical reimbursements, loss or death in workplace or within the employment tenure. These laws for worker’s compensation are a result of long fought battles by trade unions and still in the 21st century Worker’s compensation or Worker insurance are characteristics of very advanced and developed societies.

In common, employers enjoy the liberty of deciding where to give worker benefits or compensation. In California, however, the law states that the employer needs to carry Worker’s Compensation Insurance or be qualified for self insurance to cover any on-the-job injuries. Work related injuries or illnesses include limb disorders, heart and lung diseases, hypertension or severe accidents in workplace that even make individuals cripple for life. In these cases, workers’ compensation benefits may allow for money for time off during recovery of an injury, reimbursements of medical expenses or compensation for a long term disability or permanent impairment.

Getting the deserving compensation in the right way is not very easy and simple. Determining your eligibility to get compensation in many cases gives rise to complex issues which may lead to disputes denying your compensation or injury claims. Such situations get out of your control and what you need is a professional legal assistance of a Worker’s Compensation Attorney.

Employment laws and legal rules binding employment issues are continuously changing in an effort to keep pace with the changing modern society. Workers’ Compensation Attorneys are the appropriate persons who are updated and well informed with the latest employment laws and can help you making you aware of your specific rights and obligations as an employee.

If you search for Workers’ Compensation Attorneys, you will find very few Law firms or lawyers devoting their practice to this field of law. Selecting the right attorney for your case may be an uphill task. Make certain necessary considerations while choosing your lawyer which includes the following: your Worker Compensation Lawyer must be patient and tolerant and a good listener, he or she must be able to analyze and understand the case by listening to you without doing any research or survey, he or she should demonstrate enough confidence to convince you that he or she is capable of handling your case and last and not the least is the fees he will charge for your case are based on the law and usually will not exceed 15% of your permanent disability settlement recovery.

Your search for a reliable, expert Worker Compensation Attorney ends here. Visit www.geklaw.com for more information. Our Worker Compensation Attorneys have earned fame serving clients in California and successfully obtaining worker compensation and fair settlement for more than 30 years.

The Role Of A Criminal Lawyer

The Role Of A Criminal Lawyer

Criminal cases are things that most normal people would not want to have at any time in their life. However, there may be times that such occurrences are inevitable. Criminal cases cause great distress and trauma for many people whether or not the accusations where the cases are based are valid. In the instances when such occurrences are unavoidable, most people find the sole source of their hope in a criminal lawyer. Luckily, in these days where information about practically everything is available, it is no longer difficult to find a competent criminal lawyer.

An Overview of the Criminal Process, and the Criminal Lawyer’s Great Importance.

Most people would find legal processes to be very puzzling and complex. Aside from being knowledgeable about one’s rights in such procedures, the best means of arming oneself as one goes through the process is by availing the service of a criminal lawyer who has a good grasp of the law and is able to handle cases very well. Among the basic essential concepts about criminal are the following:

The Stop – whenever there are criminal investigations, the authorities may stop particular citizens for questioning. At a first glance, this already appears to be an arrest, but it is not because this legal process does not entail the movement of a person from one location to another, although there are times when people get detained when they are subject to a stop. The good thing is, people are protected by a very important right during a stop – the right not to make statements – just like in an arrest.

The Search – when there is a suspected crime, it is reported so that a warrant could be issued. A warrant is the document that lets authorities to carry out searches, empowering them to invade people’s privacy. When a suspected crime has a probable cause, judges may issue warrants. Not all searches need warrants. There are cases where immediate action is needed such as when suspicions are based on obvious evidence, when the property owner gives permission for the search, or when the venue for the search are moving vehicles.

The Arrest – arrests normally result in a person’s detainment after a crime is accused. Arrests require a reasonable belief or a probable cause for the assumption that a person was able to commit a certain crime. Two highly essential rights are provided by the constitution during an arrest – the right not to make any statements (to remain silent) and the right to be defended by a criminal lawyer. The authorities who do the arrest are required to inform the suspect about these rights. Thus, the arrested person may opt not to say anything or answer any inquiry before the criminal lawyer comes.

People arrested normally hire their own criminal lawyer; however those who do not have enough resources to avail of the services of a criminal lawyer will be assigned one. It is a good thing that criminal lawyers are actually now easy to find through local directories or via the Internet.

The importance of criminal lawyers in criminal cases cannot be over emphasized. For many, the criminal lawyer draws the very thin line between winning or losing a case that is, to be free or to be convicted.

An Atlanta uncontested divorce is possible

An Atlanta uncontested divorce is possible

Residents in the Atlanta area who are seeking or considering divorce may wish to consult with an Atlanta divorce lawyer. Often times, divorce can be a complicated issue and even an amicable divorce may quickly develop into a quagmire as both spouses seek to come to an agreement. However, with the assistance of an attorney, it may be possible to turn the tables and secure a favorable result.

Types of Divorce

Broadly speaking, there are two different kinds of divorce: no-fault divorce and at-fault divorce. In a no-fault divorce, there is no allegation or proof needed of fault on behalf of either party. However, specific rules apply to no-fault divorces, and a period of separation may well be required before seeking the divorce.

On the other hand, an at-fault divorce is where one party committed some act that is incompatible with marriage. The most common example is that of adultery, although grounds for an at-fault divorce may exist under any number of circumstances. To determine if it is possible to seek an at-fault divorce, a divorce lawyer in Atlanta can often help with assessing your legal options.

Uncontested Divorce

In many cases, the divorce may be the result of a mutual agreement between the spouses to dissolve the marriage. This is called an uncontested divorce, and it is often more cost effective and less stressful to go through than a confrontational divorce.

Typically, spouses are already in broad agreement about the terms of the divorce before consulting with an Atlanta divorce lawyer. An Atlanta uncontested divorce may thus be the best way to go, allowing the spouses to settle any remaining issues amicably as well as reducing any preexisting agreements to paper. If no dispute exists as to issues such as property division, child custody or spousal support, court involvement need only be minimal.

In Atlanta uncontested divorces, it is strongly advised to retain the assistance of an Atlanta divorce lawyer even the filing of an uncontested divorce may seem simple. In filing for a divorce and in writing the divorce agreement, it is important that any ambiguities be resolved before both spouses sign the applicable papers. Otherwise, they may have to return to court again in the future. Working with a divorce lawyer in Atlanta may thus be more cost effective in the long term.

Contact a lawyer today

If you are considering or seeking a divorce, it is often helpful to consult with an attorney from an Atlanta Divorce Law Firm to learn your rights and obligations. Moreover, the divorce process can often be complicated, and the judicial system has a language all its own that may seem confusing if not intimidating to those not well-versed in it. By working with an experienced attorney who has deep and extensive knowledge of divorce law, it may thus be possible to successfully navigate the court system with an aim toward securing a fair result. Moreover, in an uncontested divorce, a lawyer can help with ensuring that the resulting agreement is air-tight and will not cause legal troubles down the road.

Roles And Responsibilities Of The China Legal Representative

Roles And Responsibilities Of The China Legal Representative

Every business established in China, whether domestic or foreign, is required to have a legal representative. He/she is the main principal of the company and is the employee with the legal power to represent and enter into binding obligations on behalf of the company in accordance with the law or articles of association of the company. Essentially, the legal representative is someone who is appointed to act on the companys behalf and Article 38 of the General Principles of Civil Law of the Peoples Republic of China defines the role as the responsible person who performs the duties and powers on behalf of a legal person in accordance with the law or the constituent documents of the legal person.

However, foreign investors often have only a limited understanding of the legal representatives role and are startled when they learn of their power and how difficult it is to replace an un-cooperative one. Legal representatives possess broad powers and potentially unlimited liability. When concluding a contract a legal representatives acts are binding on the company even if he/she is acting beyond their authorized scope. Failure to properly understand the powers and responsibilities of a legal representative can therefore lead to a situation where foreign investors are held to ransom. In appointing a legal representative, it is vital to bear in mind that the legal representative will essentially have the full keys to the company, cash, and capital.

The supervisor
Amendments to the PRC Company Law require a new company established on or after January 1, 2006 to appoint a supervisor, or board of supervisors depending on the size of the company, whose role is to monitor the activities of the legal representative. Shareholders and employee representatives of a company can act as supervisors. However, members of the companys board of directors or senior management may not simultaneously serve as supervisors. If a company has a board of supervisors, it must have a proportion of employee representatives which accounts for at least one-third of supervisory membership. The supervisor, like the companys directors, is not required to reside in or visit China.

The main role of the supervisor is to safeguard and supervise the operation of a company and exercise supervision over the work of directors and senior management. The Company Law gives supervisors an array of powers, such as inspecting the companys finances, supervising the company directors and senior managers, recommending dismissal of directors or senior managers who violate laws or damage the companys interests, proposing shareholder meetings, and any other powers specified in the companys articles of association.

The role of supervisor is very relevant to the potential liabilities of the legal representative as they are permitted to supervise and constrain the legal representative in order to reduce the potential risks of a rogue legal representative acting on behalf of the company.

Internet Law and legal counsel

Internet Law and legal counsel

The law of the Internet has no history to fall back on. Cyber law is being developed by judges who must do their best to fit legal disputes on the Internet into preexisting legal frameworks. The legal principles governing conduct and commerce in cyberspace are still in a state of flux. With all the information that is exchanged on the internet it makes it an easy target for crimes to be committed. You exchange your personal information every time or join a social network. Strangers are consistently trying to access this personal information about others so it can be used in other ways. The internet law is drawing in more people daily for using; it is also drawing crime in. The crimes on the internet are mounting daily. There are many different kinds of crimes that are done for different reasons. Some crimes like hacking are done so a person can have bragging rights. Other crimes are done in order to get a person personal information so it can be resold on the black market. There are different types of internet crimes, computer instructions which mean bots, worms, viruses and hacking. Computer intrusions have been known to take down complete systems in many different organizations. Sometimes it’s another organization knocking the competition out for a while. It is also someone wanting to brag that they hacked into a major system and disrupted things and made the system crash. These are just a few of the internet crimes that are committed around the clock. There is internet law to handle internet crimes. These internet laws are dealt with just like a crime that was not committed on the internet. There will be steep fines and even jail time if a persons is caught doing any type of crime on the internet. The world is creating internet laws right now a process that is both exciting and frightening to watch. Unlike other areas of commerce that can turn to historical traditions to help settle disputes and guide the development of the law, the law of Internet has no history to fall back on. Cyber law is instead being developed by judges who must do their best to fit legal disputes on the Internet into preexisting legal frameworks.

Author is an executive with the law group. For more information on law of the Internet visit the website law of the Internet

Investigating Hassle-free Instruction Regarding Legal Transcription Resume Template

Investigating Hassle-free Instruction Regarding Legal Transcription Resume Template

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Mediation in Divorce and Family Law Cases

Mediation in Divorce and Family Law Cases

WHAT IS MEDIATION?

In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.

Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.

By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.

The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.

Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.

Mediation may resolve:

disputes between divorcing parties including custody issues, spousal maintenance and property issues;

paternity issues;

restraining order issues.

WHY SHOULD I MEDIATE?

1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;

2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;