Business Litigation Lawyer Garland

Why Hire a Business Litigation Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Business Litigation Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

Filing A Personal Injury Claim

When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

You may have a general practice representative or someone you have dealt with in Business Litigation Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

Personal Injury Claim Amounts

Duties of the Probate Attorney

If you've been diagnosed with diabetes, you've probably heard many horror stories about diabetics having their limbs amputated. Unfortunately, they're probably all true. Foot problems are particularly severe among many diabetics. Fortunately, there are things you can do to help prevent amputations from being done to save your life.

Many people want to blame their doctors when it is time for an amputation. But the truth is that we are all responsible for taking care of our own selves because we are the only ones who control how we live our lives. Your doctor can do checkups on you and provide treatment plans, but he can't be your nanny. What you do is up to you.

4. Be aware that dryness can be a medical condition too, when it is at an extremity. If your foot cracks and bleeds it could become infected. If you notice the skin on your foot is dry, get medical advice on how to properly condition your skin. Remember that your sense of touch may be damaged and that you can't trust your foot to warn you about how bad it is. It is not a bad idea to soak your feet in warm water or warm saline water, under the guidance of your physician.

Personal Injury Awards

White Collar Crimes: An Overview

If you have suffered an injury due to someone else's negligence you can bring a claim against them. But before you embark on this potential course of action you should consider the likelihood of your claim being successful.

It is not enough that you have suffered an injury; there are 3 components that need to be proven in order for your claim to be successful.

You will have to prove:-

1. There was a duty of care owed to you by the person who caused your injury.

2. That the person who caused your injury breached that duty of care.

3. That the breach of duty has caused your injury and/or loss.

Establishing a Duty of Care

A duty of care is the care one person should take towards another. However, this goes beyond common courtesy, as it only applies to specific circumstances or relationships under the law, examples include:-

1. A driver has a duty of care to other road users, such as other drivers, cyclists or pedestrians.

2. Business owners have a duty of care to their staff and customers, to give a safe environment.

Lastly, you must prove that the injury you have suffered was caused by the breach of duty owed to you. That the negligent actions or inaction caused you to suffer harm, injury or loss, examples can include:-

1. The driver failing to keep a proper look out on the road caused a car accident that injured you.

2. A business owner not having appropriate health and safety policies in place caused you to suffer an injury.

3. The local Council failing to regularly inspect the path and roadways caused you to trip and suffer an injury.

4. Manufacturers not having adequate testing in place to make sure their products are fit for purpose caused the product to malfunction and caused you an injury.

In conclusion, you should now have an understanding of the three elements that make up a personal injury claim. In a nutshell, the person who has caused you injury must have a legal duty to take care for your safety, that duty must have been breached and you must have been hurt because of this breach.

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Personal Injury Litigation

A Brief Look at Personal Injuries in the US

If you haven't experienced it yourself, you probably have a friend who has. The threat that the other parent will take the child, move and you will never see them again. This is a common threat to hear but it can also be a simple question such as, do I have to notify another parent if I move? If you were hoping for a simple answer, then you're about to be disappointed.

If parents have entered into a legal custody agreement then the language in the agreement will tell you what the answer is. If the language states that parents may not move out of the county without prior notification, then that's what is required. If the language states nothing about moving but states only significant changes can be grounds to redo the order, then a parent moving would be grounds to take another look. If there is no agreement between the parents then there is no agreement to break by moving.

Remember that the courts primary directive is to protect the "interest of the child" and the most basic interest the child has is the relationship with their parents. What is the moral of this story? The moral is that parents need an agreement to protect them and their relationships with their children. Simple language can prevent a terrible tragedy like moving away without notification, or at least give you teeth if it happens.

Pi Claim

The Legal Benefits of Incorporation And Documentation

The construction industry is facing a mini-crisis at the moment. At least, for those unable to re-focus and target new markets. Actually, construction is still one of the best businesses to be in if you get your marketing right!

Marketing for construction has become one of the key issues talked about by industry professionals. "Should we be spending money on marketing in the current economic climate?" "Can we justify paying good money to marketing staff when business is falling?"

This kind of talk lacks vision and real understanding of what effective marketing for construction can achieve with the right approach and the right people at the helm.

One aspect of growing your business is the ability to present your company in front of a prospect client or tender selection panel.

Here are the essential ingredients of a good presentation:

1. Focus on a central proposition.

This would be the Unique Perceived Benefit of using your company which might be something like: "Your Company Name has a reputation for building relationships with all those involved in our projects which makes for good working environment and speedy resolution of problems"

2. Push the prospect's hot buttons!

You will have researched beforehand to find out exactly what your prospect's "hot buttons" are. In the words of one entrepreneur, "You need to know what makes their heart beat faster!" As you develop your central proposition, start hitting those hot buttons!

8. Stay in control.

Be confident in running the presentation, but do so in a relaxed way. If you don't know the answer to a question don't waffle, say you don't know and promise to get back with an answer later, and make sure you do. During the presentation seek feedback, confirmation and agreement as to the relevance of what you are saying, but don't be put off if people stay quiet. Depending on how confident you feel about keeping control of the presentation, invite your prospects to ask questions at any time.

9. Never criticize the competition.

If you take a swipe at your competition, you will undermine your credibility and integrity. You won't need to descend into bashing others if you are confident that your own company can deliver on time and on budget and with great quality of service. Your prospect will know this!

10. Be practical and creative.

If appropriate issue notes, or a copy of your presentation. Use props, samples and demonstrations if relevant and helpful and if you are using equipment such as a laptop and projector, make sure they are all working properly.

And the golden rule: Whether presenting to one person or a group, relax and be friendly. Let your personality and natural enthusiasm shine through because prospects buy from people who believe in the company they represent.

Lawyer Car

Which Court Will I Go to?

Commonly folks have asked me what the technical difference is between a contract and a grant. The difference is not about the dollar value or who the buying entity is nor the kind of work being done. Instead it is about the legal concept of default. In my eyes, the corner stone of whether something should be called a grant or a contract lies in whether one is legally bound to produce results as one is in a contractual relationship or whether you are simply granted funds to do something. Did you get that nuance? Perhaps that is oversimplifying it.

Essentially, a contract is a legally binding document in which the parties make promises to deliver a product or service in exchange for consideration (usually money.) A grant on the other hand is when one party grants funds to another party to do something, in reasonable hopes that the task can be accomplished. If the task is accomplished - great, everyone is happy and it could lead to more grant funding! On the flip side, if the task is not accomplished there are most likely no legal ramifications (assuming you have broken no other laws) as would be the case in a contract.

Accordingly, if you are in the Government Contracting arena it is always wise to make sure you understand which instrument you are working under. If you are faced with using a contract rather than a grant and you have some concern surrounding whether you can attain a goal or the task at hand, you will definitely want to use a "best efforts" type contract. This will allow you to operate as if it were similar to a grant where you have high hopes of attaining said goal, but ultimately not guaranteeing you can deliver.

Car Accident Cases

Dallas DWI Attorney - Top 10 Firms in Dallas

The construction industry is facing a mini-crisis at the moment. At least, for those unable to re-focus and target new markets. Actually, construction is still one of the best businesses to be in if you get your marketing right!

Marketing for construction has become one of the key issues talked about by industry professionals. "Should we be spending money on marketing in the current economic climate?" "Can we justify paying good money to marketing staff when business is falling?"

This kind of talk lacks vision and real understanding of what effective marketing for construction can achieve with the right approach and the right people at the helm.

One aspect of growing your business is the ability to present your company in front of a prospect client or tender selection panel.

Here are the essential ingredients of a good presentation:

1. Focus on a central proposition.

This would be the Unique Perceived Benefit of using your company which might be something like: "Your Company Name has a reputation for building relationships with all those involved in our projects which makes for good working environment and speedy resolution of problems"

2. Push the prospect's hot buttons!

You will have researched beforehand to find out exactly what your prospect's "hot buttons" are. In the words of one entrepreneur, "You need to know what makes their heart beat faster!" As you develop your central proposition, start hitting those hot buttons!

8. Stay in control.

Be confident in running the presentation, but do so in a relaxed way. If you don't know the answer to a question don't waffle, say you don't know and promise to get back with an answer later, and make sure you do. During the presentation seek feedback, confirmation and agreement as to the relevance of what you are saying, but don't be put off if people stay quiet. Depending on how confident you feel about keeping control of the presentation, invite your prospects to ask questions at any time.

9. Never criticize the competition.

If you take a swipe at your competition, you will undermine your credibility and integrity. You won't need to descend into bashing others if you are confident that your own company can deliver on time and on budget and with great quality of service. Your prospect will know this!

10. Be practical and creative.

If appropriate issue notes, or a copy of your presentation. Use props, samples and demonstrations if relevant and helpful and if you are using equipment such as a laptop and projector, make sure they are all working properly.

And the golden rule: Whether presenting to one person or a group, relax and be friendly. Let your personality and natural enthusiasm shine through because prospects buy from people who believe in the company they represent.

Personal Injury Lawsuits

Catastrophic Injuries - Paralysis, Amputation, Burns

A repetitive strain injury (RSI) is cluster of conditions resulting from continuous use of tools such as computer keyboard, musical instrument and activities that demand repeated movements. Although the cause of 'inflammation' associated with cumulative trauma have not been clearly elucidated, many factors including mechanical fatigue involving ligaments, tendons and soft tissues have been implicated.

The site of inflammation is the key to differential diagnosis. Differential diagnosis can be used to diagnose Acromioclavicular degeneration, Ankle degeneration, Anterior cruciate laxity, Achilles tendon injuries and tendinitis, Knee degeneration, Neck pain, Shin splints, Suprascapular nerve compression, tendinopathy, Carpel tunnel syndrome, Elbow degeneration, and also Gamekeeper's thumb. A well known injury among this list is Carpal Tunnel Syndrome (CTS). A small injury to the cartilage-like structure in the wrist joint is know as a Triangular Fibrocartilage Complex Injury (TFCC). Clicking sounds in the wrist, a reduced strength in grip and pain on the ulnar side of the wrist are all symptoms of TFCC. In patients with systemic sclerosis, wrist pain may also be caused by Osteonecrosis of the lunate bone in the wrist. This is an important cause of wrist pain in many people and especially those with scleroderma. If the presence of a scaphoid fracture cannot be determined with initial X-rays then a positive compression test can confirm that it is indeed fractured.

Scapholunate injuries have been reported as occurring in association with distal radial fractures although their true prevalence and natural history are not known. Patients with rheumatoid disease or distal radius fractures commonly have distal lunate joint instability due to dysfunction of the distal radio-ulnar joint. Sports activities involving racquets, bats and clubs cause 2 percent of all carpel fractions of the triangular shaped hamate bone which is composed of a body and hook.


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Business Litigation Lawyer Garland  

Veterans Benefits Lawyer Garland

Why Hire a Veterans Benefits Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Veterans Benefits Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

Best Auto Accident Attorneys

When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

You may have a general practice representative or someone you have dealt with in Veterans Benefits Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

Compensation For Car Accident

The Legal Benefits of Incorporation And Documentation

Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.

Child Custody Laws

We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.

The Rights of the Child

The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.

Evaluation tools for awarding custody

Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:

  • age of the child
  • best interests of the child
  • child's preference
  • relationship between child and each parent
  • primary caregiver to date and impact on the child of any change
  • ability of the parent to provide a comfortable, stable and caring home
  • relationship between parents
  • parents' preference
  • evidence of alcohol or drug abuse by either parent

Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.

Personal Injury Claim Lawyer

Revocation of Patent

The legal system in Sydney is well organized and people who come to this land of opportunity for business setup can rely upon Sydney business lawyers to take care of every detail. These dedicated and expert Sydney business lawyers provide services of high standard to their clients, so that they can easily establish their business.

Most of the city based renowned Sydney lawyers provide their clients with superior advice without much expense. These lawyers are professionals who have experience and knowledge to resolve any kind of legal dispute within or outside the business. You can trust on these business lawyers because they emphasize mainly on the requirements of the client backed by trust, confidentiality and integrity. These ensure that your business legal aspects are in safe hands and they will provide you with best solutions.

The Sydney business lawyers take care of various aspects of a business organization. Agreements and other business documentation like receipts, quotations, bank forms, security, loans, income tax, shareholder's documents, agreements with parties and financial statements, etc. are kept under the supervision of these lawyers. However, the major problem that a business might face is from agreements like contracts, agency, employment joint venture, etc. Sydney lawyers can help you out in these matters with their legal advice in the event of entering into a formal agreement. The agreements should be filled up under the purview of an expert business lawyer and it should clearly state the party's intention and should be enforceable and executed properly.

In cases where a party sends you an agreement, the Sydney lawyers or the solicitors should look into the matter before drafting the document, because if it is not properly studied, it can have negative impacts on the business and can even drag the matter to court. Apart from these, the Corporation Act states that the date of incorporation and last 5 years financial statement must be kept properly in order to avoid any unfruitful incident to take place in the future.

Sydney business lawyers also play crucial role in disputes and litigation, which involves businesses, individuals, government and non-government bodies. Generally, the cause of disputes is mainly due to grievances resulting from a party's inaction or action and can prove damaging as far as your business reputation goes. These lawyers in Sydney then come to rescue of the business through mediation, arbitration, conciliation and determination. They also attend commissions and tribunals to resolve the matter. Other than these, a business lawyer in Sydney has to deal with lot of things, right from contracts to franchising and corporate governance to intellectual property.

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Wrongful Injury

Ways To Do A Will And Testament

1. Offer. An offer can be oral or written as long as it is not required to be written by law. It is the definite expression or an overt action which begins the contract. It is simply what is offered to another for the return of that person's promise to act. It cannot be ambiguous or unclear. It must be spelled out in terms that are specific and certain, such as the identity and nature of the object which is being offered and under what conditions and/ or terms it is offered.

2. Acceptance. As a general proposition of law, the acceptance of the offer made by one party by the other party is what creates the contract. This acceptance, as a general rule, cannot be withdrawn, nor can it vary the terms of the offer, or alter it, or modify it. To do so makes the acceptance a counter-offer. Though this proposition may vary from state to state, the general rule is that there are no conditional acceptances by law. In fact, by making a conditional acceptance, the offeree is rejecting the offer. However the offerer, at his choosing, by act or word which shows acceptance of the counter-offer, can be bound by the conditions tendered by the offeree.

6. Object of the Contract. A contract is not enforceable if its object is considered to be illegal or against public policy. In many jurisdictions contracts predicated upon lotteries, dog races, horse races, or other forms of gambling would be considered illegal contracts. Yet in some states these types of contracts are valid. Federal and some state laws make contracts in restraint of trade, price-fixing and monopolies illegal. Therefore, a contract which violates those statutes would be illegal and unenforceable. This is true for drugs and prostitution or any other activity if considered criminal.

Auto Accident Lawyer Near Me

Vibration White Finger

How can you flip a contract, instead of a property?

You have seen the Carlton Sheets or Ron Le Grand advertising about making a fortune in the
real estate business. And you still wonder if it is true or false.

Well, stop right here, save your money and read this 'No risk, No money, No nothing'
way to make money with no money down STEP BY STEP and FOR FREE!!!.

Let's say you find a property for sale, maybe a 'for sale by owner' or anything else.

Do your homework and know how much that property worth. Let assume the property is worth
$100,000 market value today and the owner wants to sell due to divorce, foreclosure or
whatever the reason. The transaction will be easier if the owner is motivated to sell.
He is asking $95,000 for quick sale. Make sure this property can sell
for around $100,000 easily.

This addendum needs to be signed by first seller, by first buyer(you) and by second buyer.
At closing, you name does not appear on the deed, the deed will go from first seller to second buyer. You just get your $12,000 check.

Or you did not sell within 60 days. So day 50 or 55, you do an inspection and because

you bought it 'AS IS' with your right to inspect, you will not buy the property because you will not be happy with the inspection for whatever reason. Lost of inspection fee ($150-$300)

Road Accident Compensation

Negligence - Legal Causation

Occupational noise, which is also known as industrial noise, is more than just a nuisance. It is considered to be a threat to the health and safety of employees and is considered to be so serious that there is legislation in place to protect workers from it.

Occupational noise is normally associated with industries which use heavy machinery such as construction, manufacturing and engineering, although it may also be a threat in the entertainment industry where employees are exposed to loud music as sustained exposure to any loud noise can lead to permanent damage to the hearing.
The consequences of excessive exposure to industrial noise can be both temporary and permanent deafness, tinnitus and acoustic shock syndrome. However, it is understood that both stress and high blood pressure can be caused, or worsened, by exposure to loud noises.

Professional companies loan sound measurement survey equipment and may provide training on the issues associated with occupational noise. Businesses can be forced to pay compensation to employees who suffer harm to their hearing because of their employer's negligence, so it is in everyone's interest to comply with legislation.

Filing A Personal Injury Claim

Making a Tripping and Slipping Claim

The question of what is a repetitive strain injury (RSI) is one that many people may not even know to ask. An RSI is not something that happens instantly like a cut or broken bone. RSI's happen over time, and you may not even realize you are being injured until it's too late.

Repetitive Strain Injuries is the blanket term given to any injury that is caused by a repetitive motion that is performed over a period of time. These injuries usually occur in or around the joints of a person's body. The pain from the injury will usually begin to show itself as inflammation of the joint that is performing the motion.

The medical definition of Repetitive Strain Injury is an injury of the musculoskeletal and nervous systems that may be caused by repetitive tasks, forceful exertions, vibrations, mechanical compression (pressing against hard surfaces), or sustained or awkward positions.

Pain medications can be used to eliminate the pain. The problem with this approach, however, is that the pain will hide the RSI symptoms leading the patient to return too early to activities that caused the injury.

Other treatments are actually preventative measures that should have been taken before the injury occurred, but will also help treating the injury once the person returns to the activity that was the initial cause. These include ergonomic considerations and exercise.

Sometimes learning to deal with the pain is the best treatment. If the injury causes such a disruption in a person's life that it's worse that the injury itself then learning to cope with the pain might be the best answer. This way the patient can resume their day-to-day activities providing they understand how to avoid making the injury worse.

Wrongful Injury

Why You Need a Wills Lawyer

If you feel you are suffering from hearing damage because of your job, you are advised to contact special consultants immediately even if you are not sure if you should claim. Most workers in bottling plants, ship repair and engineering working environments are most prone to deafness. You should not assume that it is because of aging process.

Common hearing disorders

1. Temporary hearing loss
2. Tinnitus
3. Acoustic trauma
4. Permanent hearing losses.

The Solicitors advises its clients that although compensation will not mend damaged hearing, it will make life easier and improve the quality of life. The firm will guide the claimant through the process and let the victim know how good the chances of being compensated are. Right after the incident a claimant should get in touch with an industrial deafness claims solicitor.

The amount of compensation one can receive depends on:

1. Liability for causing the loss
2. How much this claim is worth


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Veterans Benefits Lawyer Garland  

Child Support Lawyer Garland

Why Hire a Child Support Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Child Support Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

Drunk Driving Accident Attorney

When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

You may have a general practice representative or someone you have dealt with in Child Support Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

Car Accident Victims

How To Incorporate Yourself Without a Lawyer

The construction industry is facing a mini-crisis at the moment. At least, for those unable to re-focus and target new markets. Actually, construction is still one of the best businesses to be in if you get your marketing right!

Marketing for construction has become one of the key issues talked about by industry professionals. "Should we be spending money on marketing in the current economic climate?" "Can we justify paying good money to marketing staff when business is falling?"

This kind of talk lacks vision and real understanding of what effective marketing for construction can achieve with the right approach and the right people at the helm.

One aspect of growing your business is the ability to present your company in front of a prospect client or tender selection panel.

Here are the essential ingredients of a good presentation:

1. Focus on a central proposition.

This would be the Unique Perceived Benefit of using your company which might be something like: "Your Company Name has a reputation for building relationships with all those involved in our projects which makes for good working environment and speedy resolution of problems"

2. Push the prospect's hot buttons!

You will have researched beforehand to find out exactly what your prospect's "hot buttons" are. In the words of one entrepreneur, "You need to know what makes their heart beat faster!" As you develop your central proposition, start hitting those hot buttons!

8. Stay in control.

Be confident in running the presentation, but do so in a relaxed way. If you don't know the answer to a question don't waffle, say you don't know and promise to get back with an answer later, and make sure you do. During the presentation seek feedback, confirmation and agreement as to the relevance of what you are saying, but don't be put off if people stay quiet. Depending on how confident you feel about keeping control of the presentation, invite your prospects to ask questions at any time.

9. Never criticize the competition.

If you take a swipe at your competition, you will undermine your credibility and integrity. You won't need to descend into bashing others if you are confident that your own company can deliver on time and on budget and with great quality of service. Your prospect will know this!

10. Be practical and creative.

If appropriate issue notes, or a copy of your presentation. Use props, samples and demonstrations if relevant and helpful and if you are using equipment such as a laptop and projector, make sure they are all working properly.

And the golden rule: Whether presenting to one person or a group, relax and be friendly. Let your personality and natural enthusiasm shine through because prospects buy from people who believe in the company they represent.

Personal Injury Compensation

Appealing a Criminal Conviction

If you are trying to get child custody, you should learn that there is more than just one type, so you will have to specific. Just because you have one type of child custody does not mean you have another, so it is important that you know the differences, especially before approaching a divorce lawyer. Learn the main types of child custody before you start your case.

Physical Custody

This is the form of child custody that most people refer to during divorce because it determines which parent the kids live with. In many cases, physical custody is shared equally between both parents. This is referred to as joint physical custody, and it usually works best when both parents are willing and able to care for their kids at least half the time.

In this case, you are encouraged to keep any documents that would support your argument. For example, if you believe a certain school would be best for your children, and your ex disagrees, you should gather evidence to support your case. Your divorce lawyer can help you with this task, and can also answer any questions you may have about the different types of child custody.

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Accident Personal Injury

Bankruptcy: What's the Difference Between Chapter 7 and Chapter 13?

If there's a load limit on construction contracts, Maryland must be getting close. The legislators in Annapolis require 21 distinct notices and disclosures in custom home building contracts. As a class, buyers of custom homes in Maryland must be among the best protected anywhere. Omitting any of these disclosures carries heavy consequences. More on that later.

If you're a custom home builder in Maryland, check your contract against this list of required notices.

· A draw (payment) schedule
· The names of the primary subcontractors
· Notice on change orders · Statement of warranty coverage (in bold)
· Disclosure on payment of subs & suppliers
· Waiver of lien notice · Mechanics' lien laws notice
· Certification of no judgments or violations
· Escrow account notice
· Sales representative notice

Failure to include an accurate "Certification by Builder" statement in a contract is a felony and makes the contractor eligible for a fine up to $10,000 and 15 years in prison. Omission of any disclosure required by Real Property Code § 14-117(j) or Maryland's Custom Home Protection Act is a misdemeanor punishable by a fine of up to $1,000 and a year in prison. If omitting a disclosure or notice results in a financial loss to a home buyer, a court may order the defendant to stop working as a construction contractor. Violation of the Custom Home Protection Act gives a home owner the right to sue for damages and collect attorney fees.

Negligence Claim

How Declaring Everything You Know About Your Property Protects You

Every construction contractor and subcontractor has heard the term flow-down. A few probably feel they were washed away by flow-down. I don't think that's necessary and will suggest a better way.

Flow-down is what general contractors do in subcontracts. They incorporate into a subcontract all the terms of the prime contract - usually by stapling the prime contract to the subcontract. That saves a lot of typing. It also offers a (false) sense of security to general contractors. In theory, flow-down obligates the sub to do everything for the sub's portion of the work that the general contractor has to do under the contract.

So if the owner has a legitimate complaint about a sub's work, and if the prime contractor is obligated to make repairs, the sub has the same obligation. That's perfect symmetry and should protect general contractors. Flow-down is great for general contractors. Right?

But read the subcontract carefully before getting a signature. Add anything that applies to subcontracts only (i.e. payment terms, release of retainage) and eliminate anything that doesn't apply (i.e. notices and disclosures). Then make the changes required by state law. Many states have special rules for subcontracts.

If you want to see how this is done, there's a website with sample prime contracts and cloned flow-down subcontracts for both commercial and residential jobs. It's free.

If you write both prime contracts and subcontracts, you can makes flow-down easy. When the prime contract is done and signed, just turn that prime contract into a perfectly valid subcontract covering all the same issues - automatically deleting what doesn't apply, adding what's unique to subcontracts and accounting for any special state requirements.

Car Law Firm

What Does a Wills & Estate Attorney Do?

I went through a couple of web sites and researched data that was on the Internet regarding ride accidents. I was curious as to the amount of ride accidents and the severity of them. I have been a carnival game operator for 19 years and I hardly see or here of any accidents.

My research was based on the year 2007 only. I looked in only two major web sites and they showed several accidents. These two sites were somewhat duplicates and the one site, amusementsafety.org, had all the accidents on rides that the other did for my area of research. I did leave out all accidents that occurred everywhere except the continental United States. That means I excluded all other countries plus Alaska and Hawaii. The reason for that was that I have never traveled with the carnivals any where but the continental United States and Puerto Rico. Puerto Rico did not have any accidents listed on these web sites.

I found 33 separate accidents listed. 17 happened on carnival lots and 16 happened at other venues such as amusement park, zoo, indoor playground, and other permanent stationary facilities. I feel that there were many more accidents that were not reported but do not know. Some accidents are so minor and if the person does not go to the authorities it will go unreported. When you factor in how many times people get on rides, 33 seems like an extremely small amount of accidents.

I do not ever work for stationary amusement companies and do not know what their policies are. I do know that several carnivals have something, in reference to safety, on all their ride help uniforms. It becomes sort of a subliminal message. I remember on Wade Shows continually picking on ride help about their Safety First that was printed on their shirts backs. If I seen them so much as drop a hot dog I would repeat the saying, safety first. No matter how it worked, it is a steady reminder to the ride help. And the bottom line is there should not be any accidents.

Personal Injury Claim Value

Emotional Pain of Amputees

In today's day and age, investing in property is one of the best investments. It's a smart decision which can reap you rich benefits in the future. But it is very important to secure the future of your property as negligence can leave a huge dent in your pocket. Here are some ways that can ensure a good future for your property:

Buy at a cheaper rate - It is said that one makes more money when he/she buys than when he/she sells. But buying at a cheaper price is a great way to curtail risk. Well, the reason behind this is very simple. You invest less capital, gather fewer liabilities, and you set yourself in a position to grab a higher yield as compared to the purchase price. This stands true for property investment too.

Ensure an updated will - You should have an updated will. This is to ensure that your assets are distributed as per your wish. This gives you great piece of mind and there is crystal clear clarity in terms of who gets what from your property.

Guard against inflation - Countries around the world are printing money to raise economic growth. It is very important to realize the boon of income producing real estate as a barrier against inflation. Generally when inflation occurs, the price of real estate will also rise. So you can use this in your benefit.

We all want our property to be safe and secure and be a great investment asset. The above few steps will ensure just that. Happy investing in property!

Personal Injury Coverage

What Is a Real Estate CRM?

Chapter 7 bankruptcy is a process whereby a debtor eliminates the majority of unsecured debt by filing a petition and appearing at a meeting of creditors. The entire process takes approximately 120 days and could require as little as one court appearance. The typical time-frame is as follows:

1) Filing of the petition with the clerk of the U.S. bankruptcy clerk. A notice is sent to all creditors, the debtor, the debtor's attorney and the panel trustee.

Absent an adversarial complaint, the debtor is well on his way to a fresh start within four to five months at the latest. That means that the debtor can start saving money, can obtain auto financing and can start rebuilding. What may have seemed like an impossible option turns out to be a lifesaver for many individuals. Only an experienced bankruptcy attorney can advise you regarding your rights under the U.S. Bankruptcy Code.


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Child Support Lawyer Garland  

Disability Lawyer Garland

Why Hire a Disability Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Disability Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

Personal Claim Injury

When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

You may have a general practice representative or someone you have dealt with in Disability Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

Lawyer Car

Carnival Ride Accident Report - This Will Throw You For a Loop

In today's day and age, investing in property is one of the best investments. It's a smart decision which can reap you rich benefits in the future. But it is very important to secure the future of your property as negligence can leave a huge dent in your pocket. Here are some ways that can ensure a good future for your property:

Buy at a cheaper rate - It is said that one makes more money when he/she buys than when he/she sells. But buying at a cheaper price is a great way to curtail risk. Well, the reason behind this is very simple. You invest less capital, gather fewer liabilities, and you set yourself in a position to grab a higher yield as compared to the purchase price. This stands true for property investment too.

Ensure an updated will - You should have an updated will. This is to ensure that your assets are distributed as per your wish. This gives you great piece of mind and there is crystal clear clarity in terms of who gets what from your property.

Guard against inflation - Countries around the world are printing money to raise economic growth. It is very important to realize the boon of income producing real estate as a barrier against inflation. Generally when inflation occurs, the price of real estate will also rise. So you can use this in your benefit.

We all want our property to be safe and secure and be a great investment asset. The above few steps will ensure just that. Happy investing in property!

Amusement Park Accidents

Different Types of Medical Negligence Cases

Congratulations on beginning the process of learning how to get your will and testament completed.

Firstly, a last will and testament is a legal declaration by which a person can sort out what happens to their money, property and possessions after their death.

Below are some of the ways to do it:

• A wills attorney - This is legal specialist in the writing of a will. A wills and trusts attorney can sort everything out for you so that you won't need to know anything about the subject. They can create a will for you that will satisfy all the legal requirements and can tailor your will and testament to suit your needs and circumstances.

• Wills online - These are websites that have online will writing software programs that typically involve inputting answers to a series of questions and then compiling your answers in to will and testament ready for you to print off at the end of the process. Some sites will also have a legal professional who specialize in wills and probate laws to check it over for you before the print off stage.

You get varying levels of help and assistance with the different options mentioned above. Generally speaking, like most things in life, the greater the amount of help you want then generally the higher the costs get.

The cost of making a will ranges from zero cost for a total do it yourself will template; from about five to a hundred for the products and services in between; all the way up to a few hundred for some in depth help from a wills attorney. Remember the wills attorney costs are typically based on a time basis, so the better prepared you are before you meet them the less time they will need to spend with you. For this reason some will and trust lawyers may offer fixed prices for wills that follow a standard format.

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Accident Lawyers Near Me

Workplace Accidents - Things You Should Know

Theme park accidents are among the most tragic accidents that occur in our society. For one thing, they happen during times when people are supposed to be enjoying themselves. For another thing, they are often frightening and painful. In an ideal world, these accidents would never occur. In the real world, all that we can do is to look at the most common causes of these accidents and do our best to prevent them. Five typical causes for accidents at theme parks are ride malfunctions, employee mistakes, hazards on the property, problems with other visitors and lack of caution by visitors.

The theme park accidents that most of us are terrified of are the ride malfunctions. We have all heard horror stories about cables breaking and riders plummeting to their deaths or limbs getting cut off when rides don't work properly. These accidents scare us because they seem both senseless and predictable. On the one hand, these rides are supposed to be safe and the accidents shouldn't occur. On the other hand, most of the fun of rides comes from the adrenaline rush that you get when tempting death. We want to believe that we can tempt fate without actually getting hurt. These accidents make us think otherwise.

Accidents are things that we can't always predict. However, we can take some precautions to prevent amusement park accidents. Being aware of our own health issues, taking responsibility for our interactions with other visitors and following the rules on rides help to keep us safe. Furthermore, we can encourage theme parks to do their part to keep us safe. We can report crimes that occur, sign petitions for more stringent safety guidelines and stay abreast of the news about local theme park accidents. Doing this helps to keep theme parks safe and fun for everyone.

No Injury Car Accident Lawyer

Causes and Complications of Toe Amputation

A conviction always comes as a disheartening experience for those who are found to be guilty by court; some are even given the verdict despite a substantial case that was presented on their part. At such a time, many only have the wish to either complete their sentence or compensate for the penalty in order to put aside the bitter incident. Instead of moving on, repercussions of the conviction still ensues as those who were handed over to a guilty verdict now own a criminal record that could later become a liability, especially when the jobs require running extensive background checks on their employee. Nonetheless, individuals that have been previously convicted could still seek out for post conviction relief that where they could acquire legal aid.

Signing a petition

For a person to qualify for relief, they will have to be serving their time if their sentenced for incarceration where a legal representative will be in court on behalf of them. If not, individuals who wish to file a petition for the relief will first have to undergo probation or allow to be placed on parole. A way of putting it into perspective, post conviction relief is available as a second chance for those who have clean records after their conviction. If a person qualifies for a relief, they'll simply have to file in a petition. It could be done on their own, or with the help of an attorney.

Car Accident Compensation

Legal Contracts

Let's talk about the 'Declarations of the Seller of the Immovable'. This is a mandatory form that a Seller must fill out along with a brokerage contract in order to have their house listed on Centris.ca. This contract is seven pages long, full of questions about the Seller's knowledge, answering the best of their ability, on the stat of their house and property. When a Seller receives a promise to purchase, the declaration must be acknowledged by signature by the Buyer(s).

A lot of people think that this is a waste of time and it almost feels like they are shooting themselves in the foot by declaring everything they know that is wrong about their property. There is nothing further than the truth. A Buyer who gives you a promise to purchase will be acknowledging the declaration in writing. They are stating that they understand all that is declared. Their price will reflect that. Which means that after the building inspection, they would have no reason to "renegotiate" on something you've already declared. As well, very importantly, after they buy and move in and then decide to come back at you for something, and it was stated in the declaration, you would be protected because they acknowledged knowing. A declaration protects both parties.

Regardless of how small or insignificant you feel the issue or problem might have been, the Seller's job is to disclose all that they know about the house, whether the problem or issue was fixed or not.

Personal Injury Claim Amounts

A Road Accident

If you are in real estate marketing and sales, you have probably heard the term Real Estate CRM. Do you know what a CRM is and how to use one to make your business more profitable?

A CRM is simply a piece of software that is designed specifically for Customer Relationship Management. CRM software made for realty professionals usually includes a heavy reliance on email autoresponder marketing techniques to keep in touch and nurture your relationship with leads, clients, and potential return clients.

Using a CRM package usually starts with a lead capture website. While there is an art and science to lead capture, the basic process consists of offering a website visitor something of value in return for their contact information. The item of value may be a free report such as a digital download, a book, or access to an MLS home search tool so buyers can search for properties.

For example, studies have shown that a phone call during the process (perhaps one that comes after an automated email message that tells a lead to expect a call the next day) greatly enhance the lead conversion rates. The bottom line is that the success rate of marketing using a CRM always comes from blend of sales automations technology, human-written content, and well-placed follow-ups and calls to action during the sales process. A well-designed real estate CRM can boost the conversion rates and sales numbers for real estate agents dramatically.

Personal Injury Trust

High Ankle Sprain - Causes, Symptoms and Treatment

One of the areas of greatest confusion is the difference between Professional Indemnity, General Liability and Product Liability Insurance. Professional Indemnity Insurance provides coverage for professionals (corporate or individual) for any negligent act, error or omission alleged to have occurred while in the performance of their professional activities and duties. It differs from General Liability and Product Liability Coverage in that the acts covered are those acts performed by an engineer, architect, doctor or attorney in rendering professional services to their clients. To better understand this coverage we will have a brief discussion below of Product Liability, Professional Indemnity and the application of the latter and how it functions.

A. Product Liability

Product Liability is the legal responsibility of a manufacturer to a consumer of its' product. Liability arises out of the negligent manufacture of a product including defective or faulty workmanship, materials or components. It is a liability that arises from the failure of a manufacturer to properly manufacture, test or warn about its product and occurs when the product departs in a negligent manner from its intended function.

Firstly, Professional Indemnity is a third-party coverage that is a liability cover, not a property cover, which is provided to the assured for the claims against the insured from third party claimants.

Secondly, while coverage attaches from the beginning of the design phase of the project, a claim will not be until after delivery of the product and the product has left the premises of the assured.

Coverage for liability which occurs in the assureds' workplace must be found elsewhere, such as the General Liability, Builder's or Contractor's All Risk or Protection and Indemnity policies.

Thirdly, of course the claim must arise out of a failure in the professional services provided. There is some limited coverage afforded under the Professional Liability for faulty workmanship, materials and/or components. Also, included in the Product Liability cover would be any claim for defective materials or components, defect in manufacturing, or workmanship.

Fourthly, any inadvertent, non-intentional breach of a patent or copyright infringement is also covered under this policy.


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Disability Lawyer Garland  

Catastrophic Injury Lawyer Garland

Why Hire a Catastrophic Injury Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Catastrophic Injury Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

Personal Injury Coverage

When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

You may have a general practice representative or someone you have dealt with in Catastrophic Injury Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

Negligence Claim

Information on White Collar Crimes

Employment and labor laws in the United Kingdom have undergone radical changes in the past two decades. These changes were necessitated by several macro trends such as increasing influx of immigrant labor, need for regulatory compliance with directives issued by the European Union, and radical shift in labor unions' acceptability of labor court rulings on matters related to labor grievances.

UK Employment Laws that govern compensation of employed personnel include National Minimum Wage Act, ratified by the parliament in 1998 and the National Minimum Wage Regulations Act. These employment acts are updated on an annual basis and specify the minimum wage for all labor classes under an employment contract. The employment contract between a worker and his employer need not be a formal document; oral employment contracts and implied employment contracts also come under the ambit of these legislations.

Workers who work in night shifts have to right to demand free health assessments, paid for by the employer. UK Employment Law carries a provision allowing companies to lay-off workers in case there is closure of business completely or specifically at the employee's work site. Redundancy is also allowed if the employer can prove that there is a declining need for workers engaged in a specific trade. Workers have the right to demand a redundancy payment if they have served continuously for at least 24 months. The redundancy payment is not taxable.

Whiplash Injury Claim

OSHA Guide to Noise and Hearing Safety, Health and Conservation

Asbestos - 'the magical mineral' has been used world-wide as a protective material. However since the early 1900's it became known it presented a clear risk to health.

From exposure a sufferer may be diagnosed with a number of associated asbestos related diseases.
Pleural Plaques, Pleural Thickening, Asbestosis, Lung Cancer and the fatal Mesothelioma.
All present differing symptoms.

Let us take a closer look at Asbestosis

Typically Asbestosis does not tend to show symptoms for many years, often between 25 and 40 years from exposure. The main symptom is difficulty breathing namely a shortness of breath, initially on exertion but later even at rest. Others symptoms may include tiredness, a cough, chest tightness and chest pain.
A less common symptom results in the ends of fingers becoming swollen, misshaped and red due to a fluid build-up, a condition known as finger clubbing.

Asthma
Pneumonia
Heart Disease
Diabetes
In some patients the effect of the disease causes only mild symptoms, whereas in other patients the disease reduces the flow of oxygen which can be fatal in some cases.

In the UK asbestos related diseases are due to peak around 2015 with over 2000 fatalities a year.

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Pi Claim

Law - Blue-Collar Crimes

Many of the most prominent names in business are organized under the business structure known as a corporation. A corporation, aside from being a means of organizing a business, is a way of structuring a company in a way that gives it many of the legal rights of a real person. A corporation can be made of a single person or of a group of people. Corporations that are made up of a single person are known as "sole corporations" while those made up of a group of people are known as "aggregate corporations."

In the eyes of the laws of the United States, a corporation exists as a factual person. As such, the structure of a corporation provides protection to the actual people involved in the corporation itself. The limits on the liability of the individuals running a corporation or comprising one are some of the greatest benefits of a corporation. As such, the protections serve as a huge benefit for smaller businesses and organizations to incorporate. The incentives are greatest for those individuals involved in a trade that is subject to a lot of litigation, like medicine.

Another option for a corporation is to be a non-stock corporation. This means that the corporation does not issue stock to individuals. This form, understandably, is more likely to be found in companies that comprise a single individual.

Personal Injury Compensation

Industrial Deafness Hearing Loss Compensation!

The Process

The process for mediation will be dependent upon how mediation is triggered. Mediation can be triggered by:

a contract
a court or tribunal
an agreement to mediate.

A contract can state that when a dispute occurs to do with the contract or any matter of contractual import or bearing the parties must go to mediation. A well crafted mediation clause will provide that the parties must agree upon a mediator or in the absence of agreement the contract should provide that the matter must be referred to a nomination body to nominate a mediator.

The contact will provide that the mediator will be free to conduct the mediation as he or she sees fit, but the contract will also provide that if the mediation breaks down then the parties are at liberty to abort the mediation. Conversely the contract will provide that if resolution of the dispute through mediation is effected then the terms of settlement that underpin that accord must be in writing, must be co signed by the parties and the mediator and the accord will then be binding.

An example of a contract induced mediation clause is below

The Parties must mediate disputes.

The parties to the contract must use the mediation procedure to resolve a dispute before commencing legal proceedings.

The mediation procedure is:
The party who wishes to resolve a dispute must give a notice of dispute to the other party, and to the selected mediator, or, if that mediator is not available, to a mediator appointed by the president of the Law Institute.
The notice of dispute must state that a dispute had arisen, and state the matters in dispute.
The parties must cooperate with the mediator in an effort to give an opinion to technical matters. Each party must pay a half share of the cost of the opinion.
If the dispute is settled, the parties must sign a copy of the terms of settlement.
If the dispute is not resolved in 14 days after the mediator had been given notice, or within any extended time that the parties agreed to in writing, the mediation must cease.
Each party must pay a half share of the costs of the mediator to the mediator.

The terms of the settlement are binding on the parties and override the terms of the contract if there is any conflict.

Either party may commence legal proceedings when mediation ceases.

The terms of settlement may be tendered in evidence in any mediation or legal proceedings.

The parties agree that written statements given to the mediator or to one another and any discussions between the parties or between the parties and the mediator during the mediation period are not admissible by the recipient in any legal proceedings.

Court or Tribunal Ordered Mediation

Most courts require litigated matters to be referred to mediation before the case goes to hearing. The courts normally have a published list of mediators that the parties can choose from and each party has to pay the costs of the mediator.

If the mediation facilitates a settlement then the matter is concluded and the legal proceedings will be aborted by consent. If the mediation is unsuccessful then the matter will in all likelihood proceed to trial.

In some jurisdictions like the VCAT (Victorian Civil and Administrative Tribunal) the parties do not have to pay for the mediator and this is a significant cost saving and benefit that flows from such benevolence.

Agreement Based Mediation

Any party to any dispute, be it civil, commercial or planning can at any time agree to mediate. All the parties need to do is to find a mediator and then in good faith attempt to settle the matter.

There still however needs to be a rigour, there is little point in settling a dispute unless the settlement is agreed in writing, is witnessed and is evidenced by an instrument that states that the parties have agreed to resolve all of their disputes and differences to do with the subject matter.

Any mediated settlement agreement has to be comprehensive, well drafted and must embrace all matters that gave rise to the dispute. Poorly drafted settlement agreements are open to challenge and are frequently challenged when one of the parties in hindsight thinks that result could have been better.

The Virtues

If matters can be mediated at the gestation of a dispute, a mediated outcome has considerable merit. There is little doubt that the fastest and cheapest way to resolve a dispute if negotiations breakdown is through mediation. In any partnership agreement that I have entered into with fellow practitioners or businessman I have insisted on the inclusion of a mediation clause. Resort to court, is last resort.

Confidentiality

One of the ostensible benefits of mediation is confidentiality. If a matter is resolved by mediation the disputants can keep their issues of discontent "in house". If there is any "dirty linen" it is "washed" in-house, never in public. For people in high office this is most important, reputations particularly in this day of age where communications via the internet are immediate and widespread mean that anything odorous can be seized upon and published very quickly. Furthermore once the odium is out there it can never be archived or placed in a vault that is dedicated to the scurrilous. Information that is published on the web remains there in perpetuity for all and sundry. The need for confidential resolution of disputes is therefore greater than ever and mediation is a useful although not necessarily perfect way of achieving this.

Not everyone however is convinced that a benefit of mediation is confidentiality.

"It could be said that the reality of confidentiality in mediation is in large part reliant on the goodwill of the parties. If good will breaks down, then somewhat ironically, whether confidentiality will be upheld or not depends on relatively insecure legal protections"

(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 7).

"From an ethical marketing perspective it is less than desirous to use the concept of confidentiality to promote mediation; certainly not without providing full information about the qualified nature of the concept in practice. Indeed, the accuracy and legitimacy of some of the assertions made about confidentiality in mediation can be brought into serious question"

(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 16).

As one of the perceived benefits of mediation is confidentiality, yet in actual practise as the said co-authors contend this may be an assumption in some instances rather than a fact, settlement condition "belts and braces" should be brought to bear to secure confidentiality. Where settlement via mediation is engineered the settlement agreement should have a confidentiality clause, any breach of which is actionable in a court of law. If part of the consideration in the settling of a dispute is confidentially it should be expressed as such, then a breach of confidentiality is a breach of that confidentiality provision and actionable.

A greater problem is if settlement is not effected by mediation. How confidential is information conveyed during negotiations in these circumstances? Field, Rachael and Wood have said the notion of whether information remains confidential or not may be reliant upon the good will of the parties. All well and good but of little comfort to disputants at loggerheads with one another, particularly if the mediation proves fruitless and as it can on occasion, counterproductive and a tension exacerbater.

(Michael Moffitt "Suing Mediators" Boston University Law Review, Vol. 83:147 at page 150)

The difficulty in suing mediators is probably because it is a new addition to the dispute resolution repertoire, somewhat of a dark and evolving art. As canvassed previously mediators are not supposed to make decisions and although a mediator never makes a decision, the errant mediator in making a recommendation or proffering an opinion that affects a settlement is influencing the decision to settle. If the decision is settled and compromised on the basis of a misconceived mediator`s expressed inclination, the conduct of the mediator should be actionable at law.

Yet actionable on what basis? The duty of the mediator in not codified or regulated rather it is ill-defined and speculative As some mediators are not remunerated by the parties does their duty to the party differ to circumstances where the mediator is remunerated by the parties, (presumably on a fifty- fifty basis)?

Unlike lawyers who are required to enter into cost agreements with their clients that are regulated by solicitor conduct acts, mediators do not explicitly contract with clients to dispense impartiality, ethical reverence or detachment. So in the absence of any contractual obligation for one to sue a mediator, one would have to imply certain duties, duties that are to reiterate ill-defined and opaque.

For the above reasons it is not surprising that mediators apparently have not been sued to date. Although a party in the absence of any mediator immunity would be at liberty to sue a mediator, success could prove elusive. There would have to be compelling evidence that the mediator, very forcefully recommended a course of action, based upon flawed rationale or pretext, resulting in a settlement that materially prejudiced a party`s interests.

Furthermore if the aggrieved was represented by lawyers it would be even more difficult to sue the mediator, because the question would be asked "Why did your lawyer not advise you to refuse to accede to the mediator's recommendation?"

The disquieting consideration for lawyers, is that the lawyer must be ever vigilant and bold if need be, in ensuring that a bad deal that is put to the client is described as such in no uncertain terms, least the lawyer be implicated in a questionable outcome. The last thing the lawyer would want to become is a client "safety net" for a compromised settlement in circumstances where a forceful or vociferous mediator extolled the virtues of settlement and the lawyer meekly acquiesced or endorsed in that facilitation. For to do so could mean that the lawyer would be sued for a failure to emphatically reject the mediator`s recommended course of action.

As an aside the author can attest to his disappointment with respect to some of his experiences at mediation, albeit a minority of experiences. One case concerned a multimillion dollar dispute where the author was retained by an insurance company and the author's client flew an insurance instructor from one jurisdiction to the jurisdiction where the mediation occurred. The mediator was a fairly relaxed sort of character but the amount that he charged being $6,000 per day certainly did not relax the disputants. It was observed on a number of occasions that when there were "breakout" caucuses, the mediator used his downtime to read the newspapers in the public reception area that someone very kindly left in the reception of the office.

In another matter, again an insurance dispute, one team flew from one jurisdiction to another, at great cost. The mediation was getting traction but because the mediator and some other members of one of the adversary fraternity had to attend a religious festival, the mediation was cut short. The author, a religious man himself, considered that it would have been a far better idea for the mediator to arrange a date that did not conflict with either his or one of the other party's religious commitments. Particularity when the mediator was charging in excess of $5,000 per day and the combined legal spend for the day would have been $12,000. Needless to say that the team lacking the same religious affiliation was in a word; disappointed.

One of the greatest risks with mediations is that successful mediations in the author`s experience often go well into the night. In these circumstances many mediators instead of adjourning over to the following day put pressure on the parties to expedite the "wrapping up" of a settlement. In such circumstances mistakes can be made particularly in regards to the drafting of terms of settlement. This makes one hark back to Michael Moffitt's observation that the lack of formal structuring can compromise the quality of mediation services.

Cost impacts

Mediation is relatively cheap and in tribunals such as the VCAT and the NZ WHT it is free. Court nominated mediators however are not free and when the courts, compel the parties to mediate the parties have to engage and pay for recognized and reputable mediators. This can cost anywhere between $1,500 and $10,000 a day but is money well spent if the matter is resolved quickly by mediation.

The most cost effective deployment of a mediator is at the outset of the dispute, at a time that precedes the initiation of legal proceedings.

Time Impacts

An actual mediation rarely takes more than a day or so. The critical thing is to ensure that the mediation occurs close to the beginning of the dispute rather than on the eve of trial.

On point, the author was engaged by the Law Reform Commission and the Law Institute of Victoria in the early 90's to co-author a plain English building contract with Jude Wallace (Jude worked with the Victorian Law Reform Commission). We decided to make mediation the first "port of call" in the dispute resolution process whereby it was a term of contract that no party could issue proceedings in any jurisdiction unless they had at first instance attended mediation. The contract also provided that the parties remunerated the mediator on a 50/50 basis, regardless of outcome.

It is critical, for fear of labouring the point that mediation occurs at the outset. Ideally, a mediator should be engaged before a matter goes to court, arbitration or a tribunal but this requires a contractual condition that binds the parties to this course of action.

Commercial Impacts

A mediated outcome at the earliest possible time can indeed arrest the deterioration of a commercial relationship. Mediated outcomes can also be positive, they can turn the tide from discord to accord and where this occurs the relationship can be strengthened.

Adversaries can also learn more about one another, a constructive mediation can enable both parties to better understand the other party's point of view. As Sir Laurence Street, the prominent Australian mediator and a past NSW Supreme Court Chief Justice likes to say. "If you look at a coin, the coin has a head and a tail. In any given dispute one party sees the tail, the other can only see the head, yet they are both looking at the same coin".

Personal Injury Lawsuit Settlement

Coal Workers Pneumoconioses (CWP) - Anthracosis, Silicosis and Byssinosis

Many distorted ideas and images are associated with bankruptcy, partly because the definition varies from state to state. In the simplest terms, you are legally declaring yourself unable to pay your debts. It is a popular misconception that it invites creditors to invade your home and take everything you own, but there are pertinent factors affect the outcome. It depends on the type, or "chapter", of bankruptcy that you declare, and more importantly, where you choose to file.

In Texas, the law gives you an opportunity to choose which items you have to give up and some get away without losing a thing. Fortunately, Texas is one of the most liberal states when it comes to exemptions so filing in Texas can bring benefits to families and individuals from all over. Most individuals or families in Texas declare one of two bankruptcies: a Chapter 7 or a Chapter 13. To file a Chapter 7 bankruptcy is to ask the court to absolve all of your outstanding debt. Your background will be wiped clean of financial obligations, but this "do-over" does come with a price. All non-exempt property will be sold for the profit of your creditors such as vacation homes, extra vehicles, and collectibles.

Exemption rules also vary from state to state, but in Texas, the law generally allows you to keep almost all of your valuable assets. Texas also allows you to choose whether you want to use the federal exemptions or the state exemptions depending on which benefits the debtor the most. Cars and houses are good examples. Under the federal law, the maximum exemption for a car is a little over $3,000, but in Texas it can be up to $30,000. Lower-valued items, called personal assets, are not collectible and include things like your clothes, music, videos, and furniture. The threshold value that divides collectible from non-collectible will change according to state. But this doesn't mean you can just pick up your belongings and move to Texas to reap the benefits. There are residency requirements that must be met by the debtor. You should speak with a reputable Texas bankruptcy lawyer for more information on this.

Nobody likes the stigma that can come with filing for bankruptcy, but just the petition itself can immediately affect your current situation in so many ways. It can put a halt on threatened repossession, stop wage garnishment, and bring an end to those dreadful debt collector harassments. It can give you the time you need to adjust your budget and draw up a payment plan. It can ultimately give you a second chance. All of these things are feasible with the first step of calling a Texas bankruptcy attorney so you have the opportunity to fully review the laws specific to the state. Find out if filing for bankruptcy is the most beneficial option for you by contacting a Dallas-Fort Worth bankruptcy attorney before it's too late.

Personal Lawyer

Repetitive Strain Injuries in Detail

Our criminal system is designed to allow persons accused of a crime to defend themselves against accusations in a court of law. Convictions often depend on evidence, testimony, and the perception of a judge or jury to determine guilt and innocence. At the end of a criminal trial, a verdict of guilt or no-guilt is usually entered and the proceedings come to a close. If a person feels that he or she has been wrongly convicted of a crime, they may be able to appeal the conviction and take the trial to a different level.

The criminal justice system is designed to allow people the chance to prove their innocence in court, and despite an original conviction on a crime, people have the right to appeal the decision and have the case heard in court again. The appeals process often depends on proving that the case is not resolved and having a higher court agree to hear the case.

Persons who have been wrongly accused of a crime have the right to defend themselves in a court of law. Moreover, if you feel that you have been wrongly convicted of a crime, visit the website of the Milwaukee appeal lawyers of Kohler & Hart to discuss the appeal of your case.

Auto Accident Settlements

Amusement Park Accidents - Top 4 Contributing Factors

Not everyone is well versed with the employment law of London. For this there are special employment law solicitors, and redundancy law solicitors. London employment law solicitors help the companies in formulating contracts and preparing the staff handbook as the per the city's law. These people have the necessary experience in dealing with issues related with service very keenly. They will help you in exactly help in putting the needs of both the recruiter and staff member legally & also see that no one is breaching the terms of contract. Only in special cases the redundancies or dismissal of an employee occurs.

But at times, company needs to dismiss the employee due to special reasons. One such situation is happening all over the world right now. This years' global financial crisis has resulted in lay off plans by most of the companies. Therefore, it becomes necessary both for employees or employer to handle the things legally. As an employee it is very important for you to know your "employment rights". Recently, there have been more hue and cries from the employee's side. People are handed over with the pink slip within seconds. If you have been one of them and think that upon suing the company you can get back the job or the compensation, well hire a good employment lawyer now. At times, we fail to interpret the legal language rightly and as the results see that everything is in on our side. But things are not that easy as one sees them. Even a single word has many synonymous and a comma can make a difference. But always the companies are not at fault. Usually the companies have some employment policies mentioned in the staff books, which needs to be checked for the recent changes. So beware. A good solicitor will study the things carefully and tell you what exactly can be done.

The job of employment law solicitors is not limited maintenance of employers and employee contract. Rather they have wide range of services to offer. To know how London employment law solicitors can be helpful to you, call an employment law solicitors, now.


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Catastrophic Injury Lawyer Garland  

Civil Litigation Lawyer Garland

Why Hire a Civil Litigation Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Civil Litigation Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

Personal Injury Insurance

When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

You may have a general practice representative or someone you have dealt with in Civil Litigation Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

Personal Claims

Steps to Become a General Contractor

In the recent case of Khan v Premier Private Hire Taxi [2007], the applicant worked as a private hire taxi driver for the employer. He issued a claim form to the employment tribunal which stated the following:

"The company was not paying me, I was taking fare from customer and paying commission to the company. Like an agent transacting business for another".

The chairman of the employment tribunal considered the claim form and decided that he had no jurisdiction to hear the case because the relevant employment relationship had not been established. He therefore rejected the claim. Upon this rejection, the applicant appealed.

If you require further information please contact us at enquiries@rtcoopers.com

© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

No Injury Car Accident Lawyer

White Collar Crimes: An Overview

By definition, Incorporation is the forming of a new corporation (a corporation being a legal entity that is effectively recognized as a person, albeit a fictitious one, under the law). The corporation may be a business, a non-profit organization, sports club or even a government of a new city or town.

What are the legal benefits of incorporation? Well they are,

  • Protection of personal assets

  • Transferable ownership

  • Tax benefits

  • Durability

  • Funds raising by selling stocks

  • Retirement funds
  • Incorporation services are provided by professional companies especially for the smaller companies that are trying to convert to a corporation. Services can include preparation and filing of all paper work, stock maintenance, sending and receiving official documents, handling stock ledgers and acting as registered agent for the company.

    Need  advice:  Civil Litigation Lawyer Garland ?

    Bad Faith Insurance Lawyer

    Texas Bankruptcy Laws Are Liberal For Debtors

    A patent is a territorial right which excludes others from making, using, selling or manufacturing. A patent get published after eighteen months from the filing or priority date.

    Any person can file an opposition within six months from the patent publication based on the prescribed grounds which is called pre-grant opposition. After patent is granted, within a year a person interested can file opposition based on prescribed grounds called post grant opposition. If a person has missed these two chances, he has other option to challenge a patent at any time of patent by revocation of patents under section 64 Indian patent Act.

    Patent can be revoked anytime during the life of patent by any person interested. Revocation of patents may be brought up in two ways.

    1. One is the Intellectual Property Appellate Board where a revocation petition can be filed by any person interested or by the Central government.

    2. Another forum is High Court where revocation of patent is argued as a counter-claim in a suit for infringement of a patent.

    A notice of any petition for the revocation of a patent under Section 64 must be served to all persons appearing on the register as proprietors of the patent or to have shares or interests therein and it is not necessary to serve notice on any other person.

    Revocation of patents can be brought on following grounds:

    1. The invention as claimed through the claims in complete specification was claimed earlier through a valid claim contained in complete specification of another patent granted and having earlier priority date.

    19. The complete specification does not clearly mention or wrongly mentions the origin or geographical source of biological material.

    Other than this patent revocation can be made by Central Government directions if Invention related to Atomic Energy according to Sec 65 of Indian Patent Act and it can be revoke by public Interest according to sec 66 of Indian Patent Act.

    Revocation of a Patent or Amendment of a Complete Specification on Direction from the Government in Cases related to Atomic Energy:
    Under Section 65, where at any time after the grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which a patent cannot be granted under the Atomic Energy Act, 1962, it may direct the Controller to revoke the patent. The Controller may then give notice to the patentee and all the persons who appear on the register as having an interest in the patent, and after giving them an opportunity to be heard, he may revoke the patent.

    Revocation of a Patent in Public Interest:
    Under Section 66, where the Central Government is of the opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.

    Auto Accident Attorney Near Me

    What Causes Chronic Bronchitis?

    Sprained ankles are very common and repeated sprains can lead to a swollen, painful ankle, problems walking on rough ground and the risk of re-injury. The physiotherapist begins with asking: How did the injury occur? Was there a high level of force involved? What happened afterward - could the patient walk or did they go to hospital? Was there an x-ray?

    How badly the joint has been damaged is indicated by the levels of pain suffered after the injury. Very high pain levels or pain which does not steadily reduce are bad signs and the physiotherapist may ask for a review in case of a fracture or severe ligament injury. Where the ankle has been injured can be deduced from the site of pain and confirmed on later testing by the physio.

    Special questions are asked about the past medical history and previous injuries, any drugs the patient is taking, their appetite level, whether they are losing weight, their sleep quality and pain in the morning, their bladder and bowel normality and any relevant family history. This is to clear the patient of any serious underlying condition so that treatment can be safely performed.

    The brain monitors ankle position all the time, instructing the muscles to contract to prevent damaging positions. Rehab involves balancing on one leg, progressing to standing on a wobble board and then throwing and catching a ball. Balance and coordination retraining occurs until the ankle is good on rough ground and running and jumping. The ankle has recovered when pain has subsided, movements are good, strength has returned and the proprioception or sense of joint position has been restored.

    Personal Injury Pain And Suffering

    South Carolina Criminal Appeals

    The term Pneumoconioses includes group of lung diseases caused by the inhalation of particulate matter occurring in certain occupations. Inorganic dusts such as silica, asbestos or coal dust and organic dusts such as mouldy hay, cotton dust or sugar cane dust may lead on to pneumoconiosis.

    At present several occupations are known to be associated with this risk. More and more entities are likely to be recognized with the expansion of industry. Development of the pathological lesion depends upon several factors such as the nature of the substance inhaled, the concentration in the atmosphere, duration of exposure, particle size, and responsiveness of the individual. When the particles are below 10 micrometer in size, they reach the alveoli and are carried by alveolar macrophages to the interstitial spaces where inflammatory reaction sets in. In many cases, the process continues over the years and leads to gross functional and structural changes resulting in severe morbidity. Coarser particles are arrested by the air passages and they do not reach the alveoli.

    Genetic factors probably modify the susceptibility to develop pneumoconiosis. Susceptible persons show early signs of ill health, whereas the others are relatively immune. Other factors such as tobacco smoking, nutrition, and infections also may have possible roles in determining the final outcome in individual subjects. Industrial legislation requires adequate protective steps to be undertaken by establishments to safeguard against the development of pneumoconiosis amongst workers.

    Personal Injury Pain And Suffering

    5 Tips on Texas Bankruptcy Law

    How can you flip a contract, instead of a property?

    You have seen the Carlton Sheets or Ron Le Grand advertising about making a fortune in the
    real estate business. And you still wonder if it is true or false.

    Well, stop right here, save your money and read this 'No risk, No money, No nothing'
    way to make money with no money down STEP BY STEP and FOR FREE!!!.

    Let's say you find a property for sale, maybe a 'for sale by owner' or anything else.

    Do your homework and know how much that property worth. Let assume the property is worth
    $100,000 market value today and the owner wants to sell due to divorce, foreclosure or
    whatever the reason. The transaction will be easier if the owner is motivated to sell.
    He is asking $95,000 for quick sale. Make sure this property can sell
    for around $100,000 easily.

    This addendum needs to be signed by first seller, by first buyer(you) and by second buyer.
    At closing, you name does not appear on the deed, the deed will go from first seller to second buyer. You just get your $12,000 check.

    Or you did not sell within 60 days. So day 50 or 55, you do an inspection and because

    you bought it 'AS IS' with your right to inspect, you will not buy the property because you will not be happy with the inspection for whatever reason. Lost of inspection fee ($150-$300)

    Drunk Driving Accident Attorney

    Breach of Contract: Legal Remedies That Can Be Pursued

    In order to prove a case in negligence, a party must be able to prove both legal and factual causation. In other words, the party must not only be able to prove that the actions of a party proved something but that the actions were also a legally sufficient cause to hold someone liable and find negligence. Factual and legal causation are said to be distinguished from each other in an effort to avert the danger of a defendant being exposed to "liability in an indeterminate amount for an indeterminate time to an indeterminate class," according to Justice Cardozo.Once a party has factually proven that the actions of the other party have caused his or her injuries, the question becomes one of legal causation. One of the key factors influencing legal causation is the remoteness of the person's harm from the negligence of the other. A person's negligence is too remote or not a "proximate cause" of another's injury or damages if a reasonable person would never reasonably foresee it happening. The idea of legal causation is to prevent negligence damages being awarded in events where no one could foresee something bad happening and so take the necessary steps to avoid it. In cases involving medical malpractice, proximate cause is something easier to prove, particularly in surgical errors. In failure to diagnose or missed diagnosis cases, the issue of proximate cause is not nearly as easy to prove since it's not as easy to tell what the actual damages are. Surgical errors are much easier, unless an individual has undergone a lot of surgeries with a number of different doctors in a very limited period of time. In medical malpractice cases, it is usually harder to prove that there was a breach than that the doctor who committed an error was negligent in terms of legal and factual cause. Determining the breach is more difficult since the error that was committed was not necessarily a monumental error or even identifiable as an error at the time it was committed. Causation is much easier to prove since there are typically very few surgeons capable of making an error on a person at one time. Damages are also usually somewhat simple to prove for the same reason. Depending on the case, particularly in surgery, it is simple to say "I have no feet because the doctor amputated the wrong one." The damages in the case are clear. The difficult part, for the jury, is awarding monetary damages.

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    Civil Litigation Lawyer Garland  

    Civil Appeals Lawyer Garland

    Why Hire a Civil Appeals Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

    If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Civil Appeals Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

    Personal Injury Compensation Awards

    When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

    You may have a general practice representative or someone you have dealt with in Civil Appeals Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

    The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

    Accident Lawyers Near Me

    Causes and Complications of Toe Amputation

    In today's day and age, investing in property is one of the best investments. It's a smart decision which can reap you rich benefits in the future. But it is very important to secure the future of your property as negligence can leave a huge dent in your pocket. Here are some ways that can ensure a good future for your property:

    Buy at a cheaper rate - It is said that one makes more money when he/she buys than when he/she sells. But buying at a cheaper price is a great way to curtail risk. Well, the reason behind this is very simple. You invest less capital, gather fewer liabilities, and you set yourself in a position to grab a higher yield as compared to the purchase price. This stands true for property investment too.

    Ensure an updated will - You should have an updated will. This is to ensure that your assets are distributed as per your wish. This gives you great piece of mind and there is crystal clear clarity in terms of who gets what from your property.

    Guard against inflation - Countries around the world are printing money to raise economic growth. It is very important to realize the boon of income producing real estate as a barrier against inflation. Generally when inflation occurs, the price of real estate will also rise. So you can use this in your benefit.

    We all want our property to be safe and secure and be a great investment asset. The above few steps will ensure just that. Happy investing in property!

    Drunk Driving Accident Attorney

    Automobile Accidents: When to Seek Legal Assistance

    With record breaking unemployment across the country, there should be no surprise that there is also a record number of unemployment fraud cases. After handling many unemployment fraud cases over the past two years, I have seen some common patterns. Thus, I hope this article helps people accused of or charged with unemployment fraud just as I have helped many of my own clients.

    The actual crime of unemployment fraud is rather simple. It usually involves a person claiming unemployment benefits when they are actually employed. In some cases, the person claims they are not working at all to obtain maximum benefits. In other cases, the person claims that they are working less hours than they actually are, again, to obtain more benefits than they otherwise would be able to.

    The large spike in unemployment fraud cases is directly related to the cause of unemployment fraud. While there are plenty of people that are looking to get money that they shouldn't get, there are also many people that are confused by the entire unemployment process. Thus, some real unemployment fraud cases are related to the economy and the need for money. People that would never steal from someone or sell drugs find it easy to tell a small lie to get the to government to give you more money to help make ends meet. However, other people don't understand how the process works and accidentally make false claims when reporting into unemployment.

    As there are many defenses to unemployment fraud, the best thing you can do to defend yourself will be to speak to a defense lawyer before you do or say anything. Don't worry about what message it may send to unemployment. Don't think that you can explain your way out of the situation by yourself. Many people are prosecuted for unemployment fraud and many of them confess. Without a confession, the State may have a tough time meeting their burden of proof no matter how good the evidence is. With a confession however, the State usually has a slam dunk conviction. Only an attorney in your state can properly advise you as to what to do or say if you are contacted by unemployment for a fraud investigation.

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    Auto Accident Attorney In

    Emotional Pain of Amputees

    Commonly folks have asked me what the technical difference is between a contract and a grant. The difference is not about the dollar value or who the buying entity is nor the kind of work being done. Instead it is about the legal concept of default. In my eyes, the corner stone of whether something should be called a grant or a contract lies in whether one is legally bound to produce results as one is in a contractual relationship or whether you are simply granted funds to do something. Did you get that nuance? Perhaps that is oversimplifying it.

    Essentially, a contract is a legally binding document in which the parties make promises to deliver a product or service in exchange for consideration (usually money.) A grant on the other hand is when one party grants funds to another party to do something, in reasonable hopes that the task can be accomplished. If the task is accomplished - great, everyone is happy and it could lead to more grant funding! On the flip side, if the task is not accomplished there are most likely no legal ramifications (assuming you have broken no other laws) as would be the case in a contract.

    Accordingly, if you are in the Government Contracting arena it is always wise to make sure you understand which instrument you are working under. If you are faced with using a contract rather than a grant and you have some concern surrounding whether you can attain a goal or the task at hand, you will definitely want to use a "best efforts" type contract. This will allow you to operate as if it were similar to a grant where you have high hopes of attaining said goal, but ultimately not guaranteeing you can deliver.

    Compensation For Car Accident

    Medical Negligence - Know Your Rights As A Patient

    Many distorted ideas and images are associated with bankruptcy, partly because the definition varies from state to state. In the simplest terms, you are legally declaring yourself unable to pay your debts. It is a popular misconception that it invites creditors to invade your home and take everything you own, but there are pertinent factors affect the outcome. It depends on the type, or "chapter", of bankruptcy that you declare, and more importantly, where you choose to file.

    In Texas, the law gives you an opportunity to choose which items you have to give up and some get away without losing a thing. Fortunately, Texas is one of the most liberal states when it comes to exemptions so filing in Texas can bring benefits to families and individuals from all over. Most individuals or families in Texas declare one of two bankruptcies: a Chapter 7 or a Chapter 13. To file a Chapter 7 bankruptcy is to ask the court to absolve all of your outstanding debt. Your background will be wiped clean of financial obligations, but this "do-over" does come with a price. All non-exempt property will be sold for the profit of your creditors such as vacation homes, extra vehicles, and collectibles.

    Exemption rules also vary from state to state, but in Texas, the law generally allows you to keep almost all of your valuable assets. Texas also allows you to choose whether you want to use the federal exemptions or the state exemptions depending on which benefits the debtor the most. Cars and houses are good examples. Under the federal law, the maximum exemption for a car is a little over $3,000, but in Texas it can be up to $30,000. Lower-valued items, called personal assets, are not collectible and include things like your clothes, music, videos, and furniture. The threshold value that divides collectible from non-collectible will change according to state. But this doesn't mean you can just pick up your belongings and move to Texas to reap the benefits. There are residency requirements that must be met by the debtor. You should speak with a reputable Texas bankruptcy lawyer for more information on this.

    Nobody likes the stigma that can come with filing for bankruptcy, but just the petition itself can immediately affect your current situation in so many ways. It can put a halt on threatened repossession, stop wage garnishment, and bring an end to those dreadful debt collector harassments. It can give you the time you need to adjust your budget and draw up a payment plan. It can ultimately give you a second chance. All of these things are feasible with the first step of calling a Texas bankruptcy attorney so you have the opportunity to fully review the laws specific to the state. Find out if filing for bankruptcy is the most beneficial option for you by contacting a Dallas-Fort Worth bankruptcy attorney before it's too late.

    Back Injury Claim

    Child Custody: 25 Stupid Mistakes to Avoid!

    If you are serious about an idea and want to see it turned into a fully fledged invention, it is essential to obtain some form of patent protection, at least to the 'patent pending' status. Without that, it is unwise to advertise or promote the idea, as it is easily stolen. More than that, businesses you approach will not take you seriously - as without the patent pending status your idea is just that - an idea.

    1. When does an idea become an invention?

    Whenever an idea becomes patentable it is referred to as an invention. In practice, this is not always clear-cut and may require external advice.

    2. Do I have to discuss my invention idea with anyone ?

    Yes, you do. Here are a few reasons why: first, in order to find out whether your idea is patentable or not, whether there is a similar invention anywhere in the world, whether there is sufficient commercial potential in order to warrant the cost of patenting, finally, in order to prepare the patents themselves.

    3. How can I safely discuss my ideas without the risk of losing them ?

    This is a point where many would-be inventors stop short following up their idea, as it seems terribly complicated and full of dangers, not counting the cost and trouble. There are two ways out: (i) by directly approaching a reputable patent attorney who, by the nature of his office, will keep your invention confidential. However, this is an expensive option. (ii) by approaching professionals dealing with invention promotion. While most reputable promotion companies/ persons will keep your confidence, it is best to insist on a Confidentiality Agreement, a legally binding document, in which the person solemnly promises to keep your confidence in matters relating to your invention which were not known beforehand. This is a reasonably secure and cheap way out and, for financial reasons, it is the only way open to the majority of new inventors.

    4. About the Confidentiality Agreement

    The Confidentiality Agreement (or Non-Disclosure Agreement) is a legally binding agreement between two parties, where one party is the inventor or a delegate of the inventor, while the other party is a person or entity (such as a business) to whom the confidential information is imparted. Clearly, this form of agreement has only limited use, as it is not suitable for advertising or publicizing the invention, nor is it designed for that purpose. One other point to realize is that the Confidentiality Agreement has no standard form or content, it is often drafted by the parties in question or acquired from other resources, such as the Internet. In a case of a dispute, the courts will honor such an agreement in most countries, provided they find that the wording and content of the agreement is legally acceptable.

    (iv) There are considerable savings, as the Provisional Patent Application costs 10 to 12 times less than other forms of patenting.

    When contemplating this form of patenting, it is advisable to turn to agencies experienced in this type of procedure (for instance http://www.newinvent.com)

    8. About the Final Patent ('Utility Patent')

    This is the final unchangeable form of your invention. Most usually, it will have a formal structure involving such things as background literature, disclosure of invention, claims, embodiments, practical examples for use, detailed figures and drawings, etc. It will protect your invention for 20 years from the date of filing and you will get a formal Patent Document once it has been fully examined and accepted. Usually, it takes from 12 to 18 months to obtain a final patent after application. It is approximately 10 to 12 times as expensive to prepare as a provisional patent and has to be taken out for each country separately, which makes it a very expensive process, as lodgment fees must be paid in each case. It becomes especially expensive if protection is sought. In more then one country. Therefore, a final patent should only be taken out where it is highly warranted, e.g.: when someone wants to develop your invention and would like to buy the patent rights.

    9. Following the Patent Procedure

    After a patent protection was obtained, whether in the form of a Utility Patent or a Provisional Patent Application, it is advisable to advertise it as widely as possible in order to make it stand out from the large body of currently valid patented inventions (some 50 million at present). The web site "Patent Showcase" as well as other agencies specialize in this and will be able to advise once this matter comes up.

    Author: Dr. Stephen G. Szirmai

    ivnet@yahoo.com

    Negligence Attorney

    COPD: Causes, Risk Factors and Treatment

    Tripping and slipping accident claims are quite common as members of the public trip and fall on various substances on a regular basis. In order to make a successful claim the claimant has to prove that someone else was legally responsible for the accident occurring. If the accident occurred in someone else's premises the occupier of the property could be held liable for not keeping the premises in reasonable condition. The main question normally asked is 'what is a reasonable condition?' The notion of 'reasonableness' will depend on a number of factors. In order to escape liability, the defendant will have to invoke statutory defence, by proving in reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.

    Personal injury claims that are made due to tripping and falling in a public place may well succeed if it can be proven that it was caused by the condition of the location.

    Factors to take into account

    * Write down details of where the accident happened

    * Make a note of any relevant names, addresses, and telephone numbers of witnesses

    * Seek medical attention as soon as possible for any injuries suffered no matter how minor

    * Contact the relevant authority giving them a report with details of the defect/accident

    * Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident

    * Any physical injuries should also be photographed

    Personal Attorney

    Best Practices When Using Subcontractors

    Construction accidents are one of the most common work related personal injuries. Construction injuries may be the result of machinery failure involving fork lifts, cranes, front end loaders and any other piece of construction machinery found on the job site. They may also involve faulty safety equipment, falling debris, lack of proper training for construction workers, improperly assembled scaffolding, structural collapse, electrical fires, electrocution and a slew of other job site violations.

    Under the U.S. Department of Labor, The Occupational Safety and Health Administration (OSHA) must protect those who work in the construction industry. OSHA guarantees a certain level of safety for any construction worker who works on high risk job sites and is exposed to hazardous conditions. In addition, the State of Oregon protects construction workers under the Oregon's Employer Liability Law. This law requires all construction companies engaged in dangerous work to take every necessary precaution in order to prevent worker injury on the job site.

    If you or someone you know has been injured on a construction site, contact a personal injury lawyer to help you with your case. An experienced personal injury attorney will know how to deal with multiple insurance policies, identify all parties involved in the construction process and help you figure out who is responsible for the construction injury.


    http://bestrep.pro/garland/

    Civil Appeals Lawyer Garland  

    Family Lawyer Garland

    Why Hire a Family Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

    If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Family Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

    Auto Accident Lawyers In

    When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

    You may have a general practice representative or someone you have dealt with in Family Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

    The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

    Personal Injury Lawsuit Settlement

    About White Collar Crime

    Not everyone is well versed with the employment law of London. For this there are special employment law solicitors, and redundancy law solicitors. London employment law solicitors help the companies in formulating contracts and preparing the staff handbook as the per the city's law. These people have the necessary experience in dealing with issues related with service very keenly. They will help you in exactly help in putting the needs of both the recruiter and staff member legally & also see that no one is breaching the terms of contract. Only in special cases the redundancies or dismissal of an employee occurs.

    But at times, company needs to dismiss the employee due to special reasons. One such situation is happening all over the world right now. This years' global financial crisis has resulted in lay off plans by most of the companies. Therefore, it becomes necessary both for employees or employer to handle the things legally. As an employee it is very important for you to know your "employment rights". Recently, there have been more hue and cries from the employee's side. People are handed over with the pink slip within seconds. If you have been one of them and think that upon suing the company you can get back the job or the compensation, well hire a good employment lawyer now. At times, we fail to interpret the legal language rightly and as the results see that everything is in on our side. But things are not that easy as one sees them. Even a single word has many synonymous and a comma can make a difference. But always the companies are not at fault. Usually the companies have some employment policies mentioned in the staff books, which needs to be checked for the recent changes. So beware. A good solicitor will study the things carefully and tell you what exactly can be done.

    The job of employment law solicitors is not limited maintenance of employers and employee contract. Rather they have wide range of services to offer. To know how London employment law solicitors can be helpful to you, call an employment law solicitors, now.

    Compensation For Personal Injury

    Ankle Injuries

    Bronchitis is the inflammation of air passages that lead directly to the lungs. There are two main types of bronchitis: acute and chronic. Either of the conditions can be aggravated by exposure to inhalants that irritate the lungs, such as cigarettes and air pollution. People who have other underlying medical conditions such as heart or lung disease are at high risk for developing bronchitis and therefore should not smoke.

    • A severe cough that produces blood
    • A low-grade fever that persists for at least three days
    • High fever accompanied by shaking chills
    • Thick, green mucus, often accompanied by a foul odor
    • Chest pain or shortness of breath

    The condition often worsens after exposure to tobacco smoke, air pollution, or other inhaled contaminants.

    Need  advice:  Family Lawyer Garland ?

    Car Accidents In

    Wills and Estate Planning

    You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?

    1. This is Not Legal Advice!

    The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.

    This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.

    2. Why Use a Lawyer?

    First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.

    Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.

    In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.

    Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.

    You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.

    Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.

    For further resources on incorporation, please visit: http://www.yenommarketinginc.com/incorporation.html

    Car Accident Victims

    What Does a Wills & Estate Attorney Do?

    When you first sprain an ankle, the injury will swell a lot. It will also bruise within the first few hours and most likely become very stiff and immobile. Depending on how bad you sprain it, you may not be able to put any pressure on it at all, or you may be able to walk with a limp. Either way, you will need to something to improve your chance for a quick and full recovery. If you do nothing, your sprained ankle could take months to heal and you may continue to have pain for a very long time.

    So, what should you do first? Well, there are two sprained ankle treatment options available to you. The first is called R.I.C.E. It suggests you should rest and ice your ankle, keep some compression like a wrap on it and keep it elevated. It suggests you should continue to do this until you are healed. The second option is known as H.E.M. This ankle treatment suggests you should ice your ankle for the first 2 days, but also use more active rehab techniques including some very specific exercises, stretches and a few other healing methods. In short, one is non-active and the other is active. Which one works better? Let's take a closer look...

    According to H.E.M., you should ice the ankle just as in R.I.C.E., but with one big difference. H.E.M. suggests you only ice the ankle for the first 36-48 hours. (R.I.C.E. suggests you ice the ankle indefinitely until healed or until the swelling is gone, which can take weeks or months). What is the ice for anyway? Ice is used to help contain and reduce swelling. So, which way is better?

    Well, a good indicator is which treatment heals ankles faster? According to people who have used HEM, they are walking normally again and without pain in about a week or less. And according to people who use RICE, the average healing time is about 4-8 weeks. This would suggest that the body does react much better to the active rehab treatment versus the non-active one.

    But, what we feel is even more significant is the following: the number of future sprained ankles fell sharply with the people who used HEM versus the people who use RICE. In other words, by strengthening the ankles and improving range of motion with HEM, people's ankles were at a far lower risk of future ankle injury. We feel this is even more important than healing time, because it suggests that without a good, rehab program, the ankle is still at great risk of continually being injured and getting weaker and weaker over time.

    So, in our opinion, HEM is a better and much more comprehensive treatment option than RICE. It seems to achieve better and longer lasting healing benefits than rest and ice alone.

    Personal Claims

    Negligence - Legal Causation

    A general contractor is an individual who is usually self-employed and manages construction projects meticulously while maintaining a contract with developers. If you wish to make it a career, you will be required to select construction methods, choose materials needed, take care of budgeting and scheduling. Hiring of employees and subcontractors will also be in your hands. All states in the USA require a license to work though there are no standard educational requirements. You would preferably need to have a good mix of formal education and also some hands-on construction experience.

    Step 1: Fetch a bachelor's degree
    If you are looking for good career opportunities, you should study to get a bachelor's degree either in civil engineering, building science, construction technology or construction management. A developer would prefer to hire a general contractor who holds a bachelor's degree. These degree programs would include several courses like math, contract management, cost estimation, construction safety, construction methods and contract management. Thus, acquiring a degree would also help in your preparation for certification exams. You will get to learn hiring and scheduling. Budgeting and other skills needed for construction projects will also be some things that you will learn.

    Step 4: Start your own business
    As a general contractor you may want to run your own business. Once you get to do so, you will need to manage a team of specialists like electricians, carpenters, masons, plumbers, etc. You may also need to hire a subcontractor. You will need to ensure that your business grows by each day, for which you will have to network with potential clients and get the best from your subcontractors. You will also need adequate finances to buy the basic construction tools. Though you will not be involved with construction work directly, but for good management of workers, you should be familiar with the various construction techniques.

    Becoming a general contractor isn't as difficult as you thought it to be. Isn't it?

    Automotive Lawyers

    Most Common Causes of Theme Park Accidents

    What separates blue-collar crimes from white-collar crimes? The answer lies mostly in societal positions and ranks. Blue-collar crimes are associated with individuals from lower class society, where as the white-collar crimes are committed by those with a higher standing in society.

    A lot of the distinction comes from the range of opportunities presented to the would-be criminal. Every potential criminal is limited by their opportunities in the end - the ease with which a crime can be committed; some have access to a lot more resources that are not theirs but can be taken advantage of. These white-collar criminals have it differently than their blue counterparts. For somebody with no access to huge resources of money and stocks, the crime is automatically rated and categorized with the blue-collar types. In these cases, violence and other cunning is employed where lack of immediate access to funds and such is not available.

    Stealing inventory from a workplace and other crimes of similar nature are unlikely to be reported.For the blue-collar guys, though, their crimes are much more likely to be reported as violence is more commonplace, and the distress to victims is obvious and measurable. Corporate crime has victims, but the effect is not always recognized, and this is why it's hard to regulate and truly see the full extent of. In these situations, skill and cunning instead of force is usually preferred, and it gives those in higher societal standing an unfair advantage of being able to commit crimes and get away with it, when the poor person who steals for very different reasons (to eat, to pay rent, etc.) is committing the same or a similar crime for hugely different reasons. This is where the grey area exists.

    Police are always being assigned in more numbers to the blue-collar areas of cities to stamp out violence and other crimes, but watchdogs for corporate offices and facilities have very limited involvement and rely on insiders to dish out dirt on companies in exchange for small rewards. This again makes it hard for the same observation to take place, and creates an environment that preys on the less fortunate while ignoring those who steal not to live, but to increase their already-comfortable lifestyles. Until this trend is addressed, the statistics will be skewed and many illegal activities will continue to go on unreported and unaddressed. Is this really what we want in this day and age?

    Premises Liability Attorney

    Child Custody - Things the Judge Will Consider

    If you are in real estate marketing and sales, you have probably heard the term Real Estate CRM. Do you know what a CRM is and how to use one to make your business more profitable?

    A CRM is simply a piece of software that is designed specifically for Customer Relationship Management. CRM software made for realty professionals usually includes a heavy reliance on email autoresponder marketing techniques to keep in touch and nurture your relationship with leads, clients, and potential return clients.

    Using a CRM package usually starts with a lead capture website. While there is an art and science to lead capture, the basic process consists of offering a website visitor something of value in return for their contact information. The item of value may be a free report such as a digital download, a book, or access to an MLS home search tool so buyers can search for properties.

    For example, studies have shown that a phone call during the process (perhaps one that comes after an automated email message that tells a lead to expect a call the next day) greatly enhance the lead conversion rates. The bottom line is that the success rate of marketing using a CRM always comes from blend of sales automations technology, human-written content, and well-placed follow-ups and calls to action during the sales process. A well-designed real estate CRM can boost the conversion rates and sales numbers for real estate agents dramatically.


    http://bestrep.pro/garland/

    Family Lawyer Garland  

    Foreclosure Defense Lawyer Garland

    Why Hire a Foreclosure Defense Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

    If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Foreclosure Defense Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

    Negligence Attorney

    When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

    You may have a general practice representative or someone you have dealt with in Foreclosure Defense Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

    The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

    Personal Injury Cover

    Child Custody - Who Should Have Custody of Your Kids?

    Many distorted ideas and images are associated with bankruptcy, partly because the definition varies from state to state. In the simplest terms, you are legally declaring yourself unable to pay your debts. It is a popular misconception that it invites creditors to invade your home and take everything you own, but there are pertinent factors affect the outcome. It depends on the type, or "chapter", of bankruptcy that you declare, and more importantly, where you choose to file.

    In Texas, the law gives you an opportunity to choose which items you have to give up and some get away without losing a thing. Fortunately, Texas is one of the most liberal states when it comes to exemptions so filing in Texas can bring benefits to families and individuals from all over. Most individuals or families in Texas declare one of two bankruptcies: a Chapter 7 or a Chapter 13. To file a Chapter 7 bankruptcy is to ask the court to absolve all of your outstanding debt. Your background will be wiped clean of financial obligations, but this "do-over" does come with a price. All non-exempt property will be sold for the profit of your creditors such as vacation homes, extra vehicles, and collectibles.

    Exemption rules also vary from state to state, but in Texas, the law generally allows you to keep almost all of your valuable assets. Texas also allows you to choose whether you want to use the federal exemptions or the state exemptions depending on which benefits the debtor the most. Cars and houses are good examples. Under the federal law, the maximum exemption for a car is a little over $3,000, but in Texas it can be up to $30,000. Lower-valued items, called personal assets, are not collectible and include things like your clothes, music, videos, and furniture. The threshold value that divides collectible from non-collectible will change according to state. But this doesn't mean you can just pick up your belongings and move to Texas to reap the benefits. There are residency requirements that must be met by the debtor. You should speak with a reputable Texas bankruptcy lawyer for more information on this.

    Nobody likes the stigma that can come with filing for bankruptcy, but just the petition itself can immediately affect your current situation in so many ways. It can put a halt on threatened repossession, stop wage garnishment, and bring an end to those dreadful debt collector harassments. It can give you the time you need to adjust your budget and draw up a payment plan. It can ultimately give you a second chance. All of these things are feasible with the first step of calling a Texas bankruptcy attorney so you have the opportunity to fully review the laws specific to the state. Find out if filing for bankruptcy is the most beneficial option for you by contacting a Dallas-Fort Worth bankruptcy attorney before it's too late.

    Personal Attorney

    Who Is Responsible for the Amusement Park Rides and Boardwalk Rides at the Jersey Shore?

    When you first sprain an ankle, the injury will swell a lot. It will also bruise within the first few hours and most likely become very stiff and immobile. Depending on how bad you sprain it, you may not be able to put any pressure on it at all, or you may be able to walk with a limp. Either way, you will need to something to improve your chance for a quick and full recovery. If you do nothing, your sprained ankle could take months to heal and you may continue to have pain for a very long time.

    So, what should you do first? Well, there are two sprained ankle treatment options available to you. The first is called R.I.C.E. It suggests you should rest and ice your ankle, keep some compression like a wrap on it and keep it elevated. It suggests you should continue to do this until you are healed. The second option is known as H.E.M. This ankle treatment suggests you should ice your ankle for the first 2 days, but also use more active rehab techniques including some very specific exercises, stretches and a few other healing methods. In short, one is non-active and the other is active. Which one works better? Let's take a closer look...

    According to H.E.M., you should ice the ankle just as in R.I.C.E., but with one big difference. H.E.M. suggests you only ice the ankle for the first 36-48 hours. (R.I.C.E. suggests you ice the ankle indefinitely until healed or until the swelling is gone, which can take weeks or months). What is the ice for anyway? Ice is used to help contain and reduce swelling. So, which way is better?

    Well, a good indicator is which treatment heals ankles faster? According to people who have used HEM, they are walking normally again and without pain in about a week or less. And according to people who use RICE, the average healing time is about 4-8 weeks. This would suggest that the body does react much better to the active rehab treatment versus the non-active one.

    But, what we feel is even more significant is the following: the number of future sprained ankles fell sharply with the people who used HEM versus the people who use RICE. In other words, by strengthening the ankles and improving range of motion with HEM, people's ankles were at a far lower risk of future ankle injury. We feel this is even more important than healing time, because it suggests that without a good, rehab program, the ankle is still at great risk of continually being injured and getting weaker and weaker over time.

    So, in our opinion, HEM is a better and much more comprehensive treatment option than RICE. It seems to achieve better and longer lasting healing benefits than rest and ice alone.

    Need  advice:  Foreclosure Defense Lawyer Garland ?

    Personal Injury Lawsuit Settlement

    70/30 Custody and Visitation Schedules

    If you are in real estate marketing and sales, you have probably heard the term Real Estate CRM. Do you know what a CRM is and how to use one to make your business more profitable?

    A CRM is simply a piece of software that is designed specifically for Customer Relationship Management. CRM software made for realty professionals usually includes a heavy reliance on email autoresponder marketing techniques to keep in touch and nurture your relationship with leads, clients, and potential return clients.

    Using a CRM package usually starts with a lead capture website. While there is an art and science to lead capture, the basic process consists of offering a website visitor something of value in return for their contact information. The item of value may be a free report such as a digital download, a book, or access to an MLS home search tool so buyers can search for properties.

    For example, studies have shown that a phone call during the process (perhaps one that comes after an automated email message that tells a lead to expect a call the next day) greatly enhance the lead conversion rates. The bottom line is that the success rate of marketing using a CRM always comes from blend of sales automations technology, human-written content, and well-placed follow-ups and calls to action during the sales process. A well-designed real estate CRM can boost the conversion rates and sales numbers for real estate agents dramatically.

    Auto Accident Claims

    About White Collar Crime

    You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?

    1. This is Not Legal Advice!

    The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.

    This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.

    2. Why Use a Lawyer?

    First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.

    Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.

    In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.

    Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.

    You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.

    Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.

    For further resources on incorporation, please visit: http://www.yenommarketinginc.com/incorporation.html

    Wrongful Injury

    Catastrophic Injuries - Paralysis, Amputation, Burns

    Negotiations with creditors have failed. Repossession is imminent and foreclosure proceedings have begun. Your income is simply not sufficient to pay your bills, no matter how low the payments are. It may be time to consider bankruptcy.

    Bankruptcy law evolved as a reaction to the abuses surrounding debtors prison. Before the nineteenth century a prison system existed for those who didn't pay their bills. If a merchant filed a claim, the debtor was incarcerated until his debts were paid. (Women were not found in debtor's prison, not because of chivalry but because they did riot have the ability to borrow). The lender was legally responsible for the expenses of the prison stay, including food, but seldom paid. After all, a debtor would have to sue in order to enforce this law, and it was rather difficult to sue when in prison. As a result, many borrowers languished in prison for years, surviving on what their family could bring to them or, in many cases, simply starving to death. Although some lenders would doubtless not object to the renewal of debtor's prison, fortunately we live in more enlightened times. Bankruptcy was created to provide a second chance (or third, or fourth) to those hopelessly in debt It provides a mechanism to wipe the slate clean and begin anew. As times have changed, though, so has the bankruptcy code. Not all debts can be wiped out. The proceedings can be easily disqualified in the event of improper procedures. There are many things a debtor should know before resorting to bankruptcy.

    The Bankruptcy Decision

    There are two kinds of individual bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy, named for the chapter number in the bankruptcy code, requires a full liquidation of all debts and cancels all no-exempt debts. Chapter 13 bankruptcy is essentially a court-mandated payment plan that sets up affordable monthly payments to your creditors,

    The decision to declare bankruptcy is not an easy one. Unfortunately, many bankruptcy attorneys recommend bankruptcy to just about anyone they consult with. All too often frightened consumers are advised to declare bankruptcy just to avoid a few debts. This is a mistake. Bankruptcy should truly be a last resort as the legal system meant it to be. A bankruptcy appears on your credit for ten years, and although lending criteria are slowly changing, many lenders will not even consider an applicant who has had a bankruptcy. What's more, a Chapter 7 bankruptcy can cost you most of your property. Before making a decision to declare bankruptcy, estimate how bad your situation really is. On a piece of paper, make a list of all your assets and the approximate value they could be sold for. On the other side, add up all of your debts. If the debts exceed the assets by a large percentage, you may wish to consider bankruptcy. On the other hand, if it seems that your situation may improve (you may get a new job or a second income), or if your assets are of greater value or close in value to your debts, a different approach may be appropriate.

    Negotiate with your creditors

    Explain your situation and ask for more time to pay. If the creditors refuse and continue to threaten garnishment tell them such action would force you into bankruptcy. No creditor wants to hear the "B" word. Using bankruptcy as a threat is a very powerful negotiating tool, confronting creditors with a choice between getting a little each month or probably getting nothing through bankruptcy. Don't try this tactic on secured creditors. They may decide to repossess your property to avoid having to go through court.

    Contact Consumer Credit Counseling

    As mentioned earlier in the book, Consumer Credit Counseling is a non-profit group funded by creditors to help consumers negotiate repayment plans. It is often able to negotiate payment arrangements better than the individual because of its constant contact with a variety of creditors. If you can't negotiate a satisfactory arrangement, give these people a try. Remember, the fact that you are using credit counseling may appear on your credit record.

    Consider Chapter 13 bankruptcy

    This kind of filing allows you to repay your debts in a court-mandated fashion and will appear on your credit record for only seven years, If negotiations fail or there simply isn't enough money to make ends meet Chapter 7 bankruptcy may be your only option. Bankruptcy does not necessarily discharge all debts. If your debts are exempt from bankruptcy, filing will do very little to improve your situation. If a co-signer was used, the debt would then be owed by the co-signer, unless that person also declared bankruptcy. In community property states a spouse's assets and debts would also be included in the bankruptcy, assuming they are community property. Consider all very carefully before deciding to file.

    Non-Dischargable Debts - Bills You Have To Pay In Spite Of Bankruptcy

    Certain kinds of debt cannot be automatically eliminated by bankruptcy filing. They must meet certain requirements before being eliminated by bankruptcy. If most of your debts are non-dischargeable, bankruptcy may not solve your financial dilemma. The only ways a non-dischargeable debt can be eliminated through bankruptcy are through an exception being granted by the court, a certain period of time transpiring since the debt was due, or because the creditor does not object to the discharging of the debt. Certain debts can only be discharged by an exception. They are:

    The Filing Process

    All the appropriate papers can be obtained from your local bankruptcy court. Consult the yellow pages under Government Services (usually in the beginning of the book) for an address and phone number. The court allows you fourteen days from the date of an emergency filing to complete the formal process. If Chapter 7 bankruptcy is being filed, you will need to send in the following forms after you have received them from the court:

    · Statement of Financial Affairs.

    · Schedule of Current Income and Current Expenditures.

    · A schedule describing your debts.

    · A schedule describing your property.

    · A schedule listing exempt property.

    · A summary of the above schedules.

    · Statement of Intention in regard to your secured property and what you intend to do with it

    · Statement of Executory Contracts describing contract that will need to be fulfilled, such as auto leases.

    · Bankruptcy Petition cover sheet.

    · Mailing addresses of all creditors.

    · Any required local forms.

    A fee will also be assessed, usually $90, due at the time of filing. The court will usually accept installments of a four-month period. An application for installments must accompany the petition.

    After your petition is filed, a meeting of the creditors will be arranged. The court appoints a trustee to preside over the meeting and to be responsible for the liquidation of assets. With most smaller bankruptcies, only the person filing and the trustee will attend. The trustee, who is usually a local attorney, will ask several questions about the information on the bankruptcy documents. Call and ask the court clerk what papers you will need to bring (usually financial statements or sometimes even tax returns). If a lot of property is involved, especially if it is nonexempt, property, your creditors may show up to protest any exemptions. They may also attempt to grill you about your intent to pay the bill or about lying on your application. Answer truthfully and there shouldn't be a problem.

    If the creditors' attorneys become abusive, demand a hearing before the bankruptcy judge before the proceeding goes any further. If the creditors object to any of your exemptions, they have 30 days after the creditor's meeting to file an objection with the court. The court will schedule a hearing and you will be given the opportunity to respond, although you don't have to. A creditor may also try to claim a debt as non-dischargeable because of fraudulent acts, a @ or malicious act, or embezzlement or theft. He can only accomplish this if he successfully raises the objection within sixty days of the creditors' meeting. To defend yourself, you or your attorney will have to file a written response and be prepared to argue your case in court.

    Once all the requirements have been met and your intentions have been made clear, the court can declare the bankruptcy discharged. No formal hearing will be held unless you have chosen to reaffirm your debt in which case the judge will want to be sure that you understand what you are doing. After this time, provided the creditors do not raise any objections, the dischargeable debts are erased.

    Picking Up The Pieces

    Bankruptcy was once the lowest disgrace that could befall someone. Today, however, it is commonplace. Corporations declare bankruptcy to get out of contracts or avoid legal judgments. Individuals rely on it to protect them from a society that extends credit too quickly.

    Bankruptcy does not mean that you will automatically be denied all credit for ten years. In fact, many firms look at bankruptcy as a responsible way of discharging debts when there is no other way out. Creditors fear bankruptcy, but they also realize that if they lend to someone who has declared bankruptcy, they need not worry about another bankruptcy for seven more years (you can only file once every seven years). If you happen to have a good explanation for the bankruptcy, such as medical bills, divorce, or some other catastrophic event, a creditor may be willing to overlook it and extend credit. Ask potential creditors about their policy toward bankruptcies. Their responses may be surprising.

    Compensation For Accidents

    Physiotherapy Treatment of Injury Series - Sprained Ankles

    The Process

    The process for mediation will be dependent upon how mediation is triggered. Mediation can be triggered by:

    a contract
    a court or tribunal
    an agreement to mediate.

    A contract can state that when a dispute occurs to do with the contract or any matter of contractual import or bearing the parties must go to mediation. A well crafted mediation clause will provide that the parties must agree upon a mediator or in the absence of agreement the contract should provide that the matter must be referred to a nomination body to nominate a mediator.

    The contact will provide that the mediator will be free to conduct the mediation as he or she sees fit, but the contract will also provide that if the mediation breaks down then the parties are at liberty to abort the mediation. Conversely the contract will provide that if resolution of the dispute through mediation is effected then the terms of settlement that underpin that accord must be in writing, must be co signed by the parties and the mediator and the accord will then be binding.

    An example of a contract induced mediation clause is below

    The Parties must mediate disputes.

    The parties to the contract must use the mediation procedure to resolve a dispute before commencing legal proceedings.

    The mediation procedure is:
    The party who wishes to resolve a dispute must give a notice of dispute to the other party, and to the selected mediator, or, if that mediator is not available, to a mediator appointed by the president of the Law Institute.
    The notice of dispute must state that a dispute had arisen, and state the matters in dispute.
    The parties must cooperate with the mediator in an effort to give an opinion to technical matters. Each party must pay a half share of the cost of the opinion.
    If the dispute is settled, the parties must sign a copy of the terms of settlement.
    If the dispute is not resolved in 14 days after the mediator had been given notice, or within any extended time that the parties agreed to in writing, the mediation must cease.
    Each party must pay a half share of the costs of the mediator to the mediator.

    The terms of the settlement are binding on the parties and override the terms of the contract if there is any conflict.

    Either party may commence legal proceedings when mediation ceases.

    The terms of settlement may be tendered in evidence in any mediation or legal proceedings.

    The parties agree that written statements given to the mediator or to one another and any discussions between the parties or between the parties and the mediator during the mediation period are not admissible by the recipient in any legal proceedings.

    Court or Tribunal Ordered Mediation

    Most courts require litigated matters to be referred to mediation before the case goes to hearing. The courts normally have a published list of mediators that the parties can choose from and each party has to pay the costs of the mediator.

    If the mediation facilitates a settlement then the matter is concluded and the legal proceedings will be aborted by consent. If the mediation is unsuccessful then the matter will in all likelihood proceed to trial.

    In some jurisdictions like the VCAT (Victorian Civil and Administrative Tribunal) the parties do not have to pay for the mediator and this is a significant cost saving and benefit that flows from such benevolence.

    Agreement Based Mediation

    Any party to any dispute, be it civil, commercial or planning can at any time agree to mediate. All the parties need to do is to find a mediator and then in good faith attempt to settle the matter.

    There still however needs to be a rigour, there is little point in settling a dispute unless the settlement is agreed in writing, is witnessed and is evidenced by an instrument that states that the parties have agreed to resolve all of their disputes and differences to do with the subject matter.

    Any mediated settlement agreement has to be comprehensive, well drafted and must embrace all matters that gave rise to the dispute. Poorly drafted settlement agreements are open to challenge and are frequently challenged when one of the parties in hindsight thinks that result could have been better.

    The Virtues

    If matters can be mediated at the gestation of a dispute, a mediated outcome has considerable merit. There is little doubt that the fastest and cheapest way to resolve a dispute if negotiations breakdown is through mediation. In any partnership agreement that I have entered into with fellow practitioners or businessman I have insisted on the inclusion of a mediation clause. Resort to court, is last resort.

    Confidentiality

    One of the ostensible benefits of mediation is confidentiality. If a matter is resolved by mediation the disputants can keep their issues of discontent "in house". If there is any "dirty linen" it is "washed" in-house, never in public. For people in high office this is most important, reputations particularly in this day of age where communications via the internet are immediate and widespread mean that anything odorous can be seized upon and published very quickly. Furthermore once the odium is out there it can never be archived or placed in a vault that is dedicated to the scurrilous. Information that is published on the web remains there in perpetuity for all and sundry. The need for confidential resolution of disputes is therefore greater than ever and mediation is a useful although not necessarily perfect way of achieving this.

    Not everyone however is convinced that a benefit of mediation is confidentiality.

    "It could be said that the reality of confidentiality in mediation is in large part reliant on the goodwill of the parties. If good will breaks down, then somewhat ironically, whether confidentiality will be upheld or not depends on relatively insecure legal protections"

    (Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 7).

    "From an ethical marketing perspective it is less than desirous to use the concept of confidentiality to promote mediation; certainly not without providing full information about the qualified nature of the concept in practice. Indeed, the accuracy and legitimacy of some of the assertions made about confidentiality in mediation can be brought into serious question"

    (Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 16).

    As one of the perceived benefits of mediation is confidentiality, yet in actual practise as the said co-authors contend this may be an assumption in some instances rather than a fact, settlement condition "belts and braces" should be brought to bear to secure confidentiality. Where settlement via mediation is engineered the settlement agreement should have a confidentiality clause, any breach of which is actionable in a court of law. If part of the consideration in the settling of a dispute is confidentially it should be expressed as such, then a breach of confidentiality is a breach of that confidentiality provision and actionable.

    A greater problem is if settlement is not effected by mediation. How confidential is information conveyed during negotiations in these circumstances? Field, Rachael and Wood have said the notion of whether information remains confidential or not may be reliant upon the good will of the parties. All well and good but of little comfort to disputants at loggerheads with one another, particularly if the mediation proves fruitless and as it can on occasion, counterproductive and a tension exacerbater.

    (Michael Moffitt "Suing Mediators" Boston University Law Review, Vol. 83:147 at page 150)

    The difficulty in suing mediators is probably because it is a new addition to the dispute resolution repertoire, somewhat of a dark and evolving art. As canvassed previously mediators are not supposed to make decisions and although a mediator never makes a decision, the errant mediator in making a recommendation or proffering an opinion that affects a settlement is influencing the decision to settle. If the decision is settled and compromised on the basis of a misconceived mediator`s expressed inclination, the conduct of the mediator should be actionable at law.

    Yet actionable on what basis? The duty of the mediator in not codified or regulated rather it is ill-defined and speculative As some mediators are not remunerated by the parties does their duty to the party differ to circumstances where the mediator is remunerated by the parties, (presumably on a fifty- fifty basis)?

    Unlike lawyers who are required to enter into cost agreements with their clients that are regulated by solicitor conduct acts, mediators do not explicitly contract with clients to dispense impartiality, ethical reverence or detachment. So in the absence of any contractual obligation for one to sue a mediator, one would have to imply certain duties, duties that are to reiterate ill-defined and opaque.

    For the above reasons it is not surprising that mediators apparently have not been sued to date. Although a party in the absence of any mediator immunity would be at liberty to sue a mediator, success could prove elusive. There would have to be compelling evidence that the mediator, very forcefully recommended a course of action, based upon flawed rationale or pretext, resulting in a settlement that materially prejudiced a party`s interests.

    Furthermore if the aggrieved was represented by lawyers it would be even more difficult to sue the mediator, because the question would be asked "Why did your lawyer not advise you to refuse to accede to the mediator's recommendation?"

    The disquieting consideration for lawyers, is that the lawyer must be ever vigilant and bold if need be, in ensuring that a bad deal that is put to the client is described as such in no uncertain terms, least the lawyer be implicated in a questionable outcome. The last thing the lawyer would want to become is a client "safety net" for a compromised settlement in circumstances where a forceful or vociferous mediator extolled the virtues of settlement and the lawyer meekly acquiesced or endorsed in that facilitation. For to do so could mean that the lawyer would be sued for a failure to emphatically reject the mediator`s recommended course of action.

    As an aside the author can attest to his disappointment with respect to some of his experiences at mediation, albeit a minority of experiences. One case concerned a multimillion dollar dispute where the author was retained by an insurance company and the author's client flew an insurance instructor from one jurisdiction to the jurisdiction where the mediation occurred. The mediator was a fairly relaxed sort of character but the amount that he charged being $6,000 per day certainly did not relax the disputants. It was observed on a number of occasions that when there were "breakout" caucuses, the mediator used his downtime to read the newspapers in the public reception area that someone very kindly left in the reception of the office.

    In another matter, again an insurance dispute, one team flew from one jurisdiction to another, at great cost. The mediation was getting traction but because the mediator and some other members of one of the adversary fraternity had to attend a religious festival, the mediation was cut short. The author, a religious man himself, considered that it would have been a far better idea for the mediator to arrange a date that did not conflict with either his or one of the other party's religious commitments. Particularity when the mediator was charging in excess of $5,000 per day and the combined legal spend for the day would have been $12,000. Needless to say that the team lacking the same religious affiliation was in a word; disappointed.

    One of the greatest risks with mediations is that successful mediations in the author`s experience often go well into the night. In these circumstances many mediators instead of adjourning over to the following day put pressure on the parties to expedite the "wrapping up" of a settlement. In such circumstances mistakes can be made particularly in regards to the drafting of terms of settlement. This makes one hark back to Michael Moffitt's observation that the lack of formal structuring can compromise the quality of mediation services.

    Cost impacts

    Mediation is relatively cheap and in tribunals such as the VCAT and the NZ WHT it is free. Court nominated mediators however are not free and when the courts, compel the parties to mediate the parties have to engage and pay for recognized and reputable mediators. This can cost anywhere between $1,500 and $10,000 a day but is money well spent if the matter is resolved quickly by mediation.

    The most cost effective deployment of a mediator is at the outset of the dispute, at a time that precedes the initiation of legal proceedings.

    Time Impacts

    An actual mediation rarely takes more than a day or so. The critical thing is to ensure that the mediation occurs close to the beginning of the dispute rather than on the eve of trial.

    On point, the author was engaged by the Law Reform Commission and the Law Institute of Victoria in the early 90's to co-author a plain English building contract with Jude Wallace (Jude worked with the Victorian Law Reform Commission). We decided to make mediation the first "port of call" in the dispute resolution process whereby it was a term of contract that no party could issue proceedings in any jurisdiction unless they had at first instance attended mediation. The contract also provided that the parties remunerated the mediator on a 50/50 basis, regardless of outcome.

    It is critical, for fear of labouring the point that mediation occurs at the outset. Ideally, a mediator should be engaged before a matter goes to court, arbitration or a tribunal but this requires a contractual condition that binds the parties to this course of action.

    Commercial Impacts

    A mediated outcome at the earliest possible time can indeed arrest the deterioration of a commercial relationship. Mediated outcomes can also be positive, they can turn the tide from discord to accord and where this occurs the relationship can be strengthened.

    Adversaries can also learn more about one another, a constructive mediation can enable both parties to better understand the other party's point of view. As Sir Laurence Street, the prominent Australian mediator and a past NSW Supreme Court Chief Justice likes to say. "If you look at a coin, the coin has a head and a tail. In any given dispute one party sees the tail, the other can only see the head, yet they are both looking at the same coin".

    Serious Injury Lawyer

    Car Insurance Requirements Vary by State

    Bronchitis is the inflammation of air passages that lead directly to the lungs. There are two main types of bronchitis: acute and chronic. Either of the conditions can be aggravated by exposure to inhalants that irritate the lungs, such as cigarettes and air pollution. People who have other underlying medical conditions such as heart or lung disease are at high risk for developing bronchitis and therefore should not smoke.

    • A severe cough that produces blood
    • A low-grade fever that persists for at least three days
    • High fever accompanied by shaking chills
    • Thick, green mucus, often accompanied by a foul odor
    • Chest pain or shortness of breath

    The condition often worsens after exposure to tobacco smoke, air pollution, or other inhaled contaminants.


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    Foreclosure Defense Lawyer Garland  

    Construction Lawyer Garland

    Why Hire a Construction Lawyer Garland with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?

    If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Construction Lawyer Garland appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.

    Injuries From Car Accidents

    When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.

    You may have a general practice representative or someone you have dealt with in Construction Lawyer Garland law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.

    The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some  will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.

    Accident Injury

    Car Accident Instructions for Injury Claims

    Insurance companies are not quick to advertise that good faith claims standards require them to investigate your insurance claim in a prompt and reasonable manner. Nor can they force you into an unwarranted insurance dispute grounded in unreasonable delay tactics and excessive demands.

    The purpose of a legitimate insurance investigation is to pave the way for a fair and reasonable claim settlement. In the minority of situations where a claim denial is warranted, that insurance claim denial must be based on a solid and impartial investigation.

    But unfortunately, dishonest insurance companies find ways to deny claim settlements rather than pay them. And these shady practices are based on the chance that by forcing you to wait, by forcing you to bow to their demands, you will eventually give up.

    The more frequent unfair claim settlement schemes include unfair policy interpretations, unfounded coverage decisions, unreasonable demands for supporting information, and the most frequent of them all, the "ongoing investigation".

    These practices are conceived to generate extensive insurance claim delays, all without justification, all flawed. Following weeks and months of delays, you are at their mercy, not knowing whether your legitimate insurance claim will be honored or unfairly denied. And that's the plan.

    Here are some additional insurance claim help tips.

    Study the "Unfair Claims Settlement Practices Act" for your state. Educate yourself on the laws and regulations that apply to unfair insurance practices. While these laws include penalties for unfair insurance practices, the authorities cannot intercede on your individual claim. Instead, take your knowledge of those laws to intervene on your own.

    If the claim denial was issued by your insurance company, carefully study your policy. You must understand what your rights are according to that policy. And look specifically for appeals and review processes detailed in the policy. Some policy conditions require that you must meet these conditions before you can take further action, including the filing of a lawsuit.

    An insurance denial must provide the specific conditions for that claim denial. An insurance company cannot ignore your claim, or place such obstacles in your way that you cannot possibly satisfy the unreasonable conditions. To the contrary, the company must resolve your insurance claim, and that resolution must be based on fairness and impartiality.

    Personal Injury Compensation Levels

    Workplace Accidents

    Criminal court cases go through methodical steps to reach a verdict:
    1) the case is assigned to a federal or state court based on the type of crime
    2) the defendant obtains a lawyer
    3) an arraignment or bail hearing takes place where the charges are read and defendant enters a plea of guilty/not-guilty or no-contest
    4) preparation for the trial takes place where the defense and prosecution gather evidence
    5) the trial takes place where, in the end, a verdict is delivered and
    6) an appeal may be pursued if there is a guilty verdict.

    There are countless millions of criminal court cases that take place in America every year; and here are three types of criminal court cases that are, unfortunately, far too pervasive.

    Domestic Violence Crimes

    Domestic violence can include violent acts or violent threats and can escalate very quickly. Domestic violence prevails in every city in every state in America. Women are usually the victims associated with domestic violence, so much so that the Bureau of Justice Statistics states that 1 out of every 4 women in the United States will experience domestic violence in her lifetime. Another disturbing statistic reveals that in 2 out of 3 female homicide cases, women are killed by a family member or intimate partner. Men cannot be discounted, however, since there are nearly 3 million physical assaults on men, every year, who are involved in domestic violence scenarios. Whether a case might involve people who are blood-related, married, cohabitating or have children together, domestic crimes carry immense consequences monetarily, physically, psychologically and even socially when one considers that at least 1/3 of families that are a part of New York City's family shelter system are homeless due to domestic violence.

    Burglary and Home-Invasion Crimes

    A Home invasion is categorized as a type of burglary and is usually punished more severely than other types of burglaries. Burglaries can be treated as felonies though, in some cases, they are relegated as misdemeanors, depending on the offense. Depending on the potential for damage, the legal punishment for a particular burglary is dispersed, correspondingly. For example, if the crime resulted in someone becoming injured or if the intruder used a lethal weapon, the seriousness of the crime would be elevated.

    Penalties for a home invasion burglary and trespass will vary by state; but in most cases where burglary is considered a felony, the act can be punishable by more than a year in prison in addition to a fine. It is not uncommon for states to impose terms of life-in-prison for armed home invasions!

    Regardless of the type of burglary accusation one might be facing, hiring a good criminal defense attorney is a defendant's only hope of obtaining the best possible (or least severe) outcome in a court of law.

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    Premises Liability Attorney - How Attorneys Handle Slip-And-Fall Accidents

    If you have been convicted of any misdemeanor or felony crime in South Carolina you have a right to appeal your conviction. In an appeal the Defendant is asking a higher level of Court to review their case for errors of law. If the Appellate Court finds legal errors it can send the case back with instructions to apply a certain law or ruling, or to grant a new trial.

    Convictions from Magistrate or Municipal Court are appealed to the Court of Common Pleas. A hearing will be held in typically 2-3 months depending on the county of the conviction. The hearing will be held at the county courthouse and presided over by a Circuit Court Judge. Appeals from the Court of Common Pleas are taken directly to the South Carolina Court of Appeals. Examples of Magistrate of Municipal Court cases would be 1st Offense CDV or DUI, Simple Possession of Marijuana, traffic offenses or disorderly conduct.

    If a defendant's conviction is upheld after the appeal they defendant has a right to file a Petition for Post Conviction Relief (PCR) where they will allege that their sentence is unconstitutional. Defendant's have one year at the conclusion of their case to file for PCR. PCR cases are heard in a civil term of Court. PCR cases can then be appealed to the Court of Appeals and then the Supreme Court.

    Personal Injury Lawsuit Settlement

    Amputations - Are There After Effects Following Amputation?

    There are many different crimes in the world today. Some of the overlooked crimes fall into the white collar crime category. This category is made up of crimes that do not necessarily "hurt" someone. They often happen in professional settings and include things such as embezzlement, pyramid schemes, and fraud. Many times when people see some sort of corporate scandal on the news, it is about a white collar crime. It has been found that the public as a whole is more willing to forgive people who commit these crimes. It is important to remember that they can result in just as much jail time as any other type of illegal activity.

    White collar crimes are frequently committed by people in government or business positions. Many of them are felonies and typically involve some sort of fraudulent activity. There is a long list of crimes including:

    Unlike other crimes, people are not arrested and charged. An extensive investigation normally takes place so that the right people are accused and charged. If you have been indicted, contacted by an investigator, or fear for your freedom in any way, shape, or form, you need to get in touch with a reliable criminal defense attorney. A lawyer will be at your side through every step of the proceedings. The facts will be evaluated so that you can get a good deal.

    Truck Accident Law Firms

    All About Repetitive Strain Injuries

    Construction claims is one of the many facets of construction law. This article discusses two key parts of construction claims: claim preparation and expert testimony.

    Claim Preparation

    Once a claim has been decided as the proper course of action, it is important to develop a strategic approach in preparing and presenting the claim. Doing so will maximize the potential for recovering potential losses. Your position is best supported by a thorough analysis of the project contracts and documentation, and compelling written and graphical illustrations of the facts. Trying to gather all of this information yourself can be overwhelming. A professional company that deals specifically in construction claims can help you prepare for all types of claims, including

    The law states that people who don't have the experience or training necessary are not fit to form accurate opinions or draw correct conclusions. Thus, in construction claims cases, expert witnesses are gathered for the evidence and professional insight that their testimonies can provide on the case.

    Whiplash Injury Compensation

    Appealing Your Conviction - How the Appellate Court Works

    One of the occupational hazards of life in the modern industrial age is exposure to noise, both inside and outside the workplace. Acoustic noise can be defined as unwanted sound and loud sounds of 80 decibels (dB) are considered potentially hazardous. According to the National Institute of Deafness and Other Communication Disorders (NIDCD), more than 30 million Americans are regularly exposed to dangerous levels of sound. According to the EPA the number of people exposed to damage induced by noise is about 9 million.

    The noise is considered a necessary evil and insidious effects of exposure above acceptable levels are generally not effective, especially since there are no visible effects. The main effect of excess noise is hearing loss, whether temporary or permanent, depending on the level and duration of exposure. What is even less known side effects ranging from sleep disorders: stress and fatigue, irritability, annoyance and lack of concentration. Noise-induced lack of attention and consequent loss of effectiveness are of primary concern in the workplace. It is not only affected productivity, but the chances of accidents, which affect workers and job security are also increasing.

    Employee training
    All employees in the program should receive annual training on the effects of noise on hearing, hearing protection devices and purpose of audiometric testing.

    Hearing protectors
    Hearing protection devices must be accessible to all employees in the program.

    Record Keeping
    Records of worker exposure (measurement noise), acoustic or exhaustive calibration audiometer and audiometric records should be updated. These records will be kept for specific periods of time.

    Experience has shown that effective programs for the protection of hearing loss are universally beneficial and that both the employer and employees can benefit from the programs. Employees are protected against hearing loss, fatigue and general weakness. The employer benefits from improved productivity and employee morale and enjoy medical workers and reducing compensation costs.

    Whiplash Injury Compensation

    Vibration White Finger

    Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.

    Child Custody Laws

    We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.

    The Rights of the Child

    The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.

    Evaluation tools for awarding custody

    Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:

    • age of the child
    • best interests of the child
    • child's preference
    • relationship between child and each parent
    • primary caregiver to date and impact on the child of any change
    • ability of the parent to provide a comfortable, stable and caring home
    • relationship between parents
    • parents' preference
    • evidence of alcohol or drug abuse by either parent

    Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.


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