Why Hire a Employment Lawyer Houston 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 Employment Lawyer Houston 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.
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 Employment Lawyer Houston 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.
Peritoneal mesothelioma is a disease that occurs in the peritoneum membrane. Before proceeding ahead let's take a look what the peritoneum membrane is.
The peritoneum membrane is divided into parietal and visceral peritoneum. The visceral peritoneum lines the intestinal tract and the abdominal organs. And the parietal peritoneum envelops the abdominal cavity. These layers protect the internal organs and also secrete fluids that lubricate the organs facilitating easy movement of the organs within the abdominal cavity.
Like in the case of all types of mesothelioma, asbestos is considered to be the main cause for peritoneal mesothelioma. Asbestos can be fatal for the body and can also cause cancer along with other severe diseases.
Asbestos dust causes significant harm when it enters into the body. The dust may enter the body in two ways.
Firstly, it can enter the body through the lungs during breathing. In this case the dust travels through the lymph nodes and reaches the peritoneal cavity. Secondly, it can enter due to involuntary ingestion while working with asbestos.
It has also been found that mesothelioma can be cured by rectifying certain genes of the body. For this very purpose, gene therapy is currently being tested with as a possible treatment. Gene therapy helps to rectify the faulty genes of the body, but this process, along with immunotherapy, haven't been introduced in hospitals yet as they are still under medical scrutiny.
There are many treatments for mesothelioma but no single treatment is capable of curing the patient single handedly. Doctors therefore take a multimodality approach. It means that a combination of many treatments are used instead of a single treatment. There are several factors that determine the type of combination of treatments to be used, and it varies from case to case.
QUICK LESSON IN BREACH OF CONTRACTThis quick summary is being sent as a memorandum to help other attorneys in understanding what a breach of contract is. Please continue to contact us with your questions or issues. This analysis is what we use in our offices when we approach any breach of contract case. The elements for breach of contract are strictly construed. It is imperative that you do not skirt around the elements when analyzing your client's case.ELEMENTS OF A BREACH OF CONTRACT1) INITIAL INFORMATIONIn a breach of contract action, the plaintiff must plead the existence of a contract and its terms that establish the obligation at issue. The complaint must indicate on its face whether the contract is written, oral, or implied by conduct. If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint, or a copy of the written contract must be attached to the complaint and incorporated by reference. 2) PLAINTIFF'S PERFORMANCE OR EXCUSE FOR NON-PERFORMANCEThe plaintiff must prove that he has fulfilled his obligations and complied with any and all conditions and agreements of the contract that he is required to perform. If plaintiff was unable to perform because defendant prevented him from doing so, plaintiff must allege such excuse for non-performance in the complaint.3) DEFENDANT'S BREACHA breach is defined as defendant's unjustified or unexcused failure to perform. BAJI 10.85(3). The plaintiff must plead the facts constituting the breach in unequivocal language.4) RESULTING DAMAGEAny breach, total or partial, which causes a measurable injury, gives the injured party a right to compensatory damages.SO WHAT HAPPENS WHEN YOU CAN PROVE THE ABOVE ELEMENT AND IT CAN BE CONCLUDED THAT THERE IS A BREACH OF CONTRACT?Answer:Generally, Compensatory Damages - the measure of damages for breach of contract is the amount which will compensate plaintiff for all detriment proximately caused by the breach or which, in the ordinary course of things, would be likely to result from the breach.Other factors that need to be considered are:o Certainty - damages must be clearly ascertainable in both nature and origin; but the fact that amount of damage is not susceptible of exact proof or is uncertain, contingent, or difficult to ascertain does not in and of itself bar recovery.o Restoration - damages for breach of contract ordinarily include all amounts necessary to place plaintiff in same position as if breach had not occurred.o Lost Profits - Note future profits can be recovered to extent they can be estimated with reasonable certainty; lost profits are recoverable to extent they are natural and the direct consequence of the breach. o Rescission and Restitution - rescission and restitution are alternative remedies in action for damages where there has been repudiation or material breach of a contract, transfer of unique goods is involved, other remedies are inadequate, subject of contract still exists and interests of innocent purchasers for value and defendant's creditors will not be unjustly affected.o Specific Performance - Note: specific performance is granted only when money damages are inadequate.o Real Property - specific performance is given in land sale contracts on the assumption that every piece of property is unique and money damages are therefore inadequate.o Injunction (Very Limited Availability) - injunctive relief is largely within discretion of the trial court, considering inadequacy of damages to plaintiff, as well as harm to defendant.**************************Paul P. Cheng, Esq.
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The process for mediation will be dependent upon how mediation is triggered. Mediation can be triggered by:
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.
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.
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.
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.
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.
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".
Contractors take great care to make certain that their subcontractors have the necessary skills to perform their craft. Unfortunately, many contractors are less informed about best practices for the business relationship with their subcontractors. Without taking as much care to ensure a solid business and legal relationship, contractors put their customers, their business, and themselves at great risk of failure. This article reviews the financial, insurance, entity, and contractual guidelines contractors need to consider.
When margins are tight and the opportunity to raise prices is limited, managing the cost of subcontracted labor is the only way to remain profitable. Managing subcontracted labor cost is handled the same as your other costs - know your ratios.
Begin with your 2010 financial reports, specifically the Profit and Loss Statement. Determine the total amount spent last year on all subcontractors. Divide that number by the total amount that customers were invoiced, last year's total revenue. The result is the subcontracted labor cost ratio. For example, if you spent $500,000 on subcontractors last year and billed customers a total of $1,000,000, then your subcontracted labor cost ratio is 50%.
By comparing the ratios for the past several years, you can determine whether your cost of subcontracted labor has been increasing, decreasing, or staying the same over that period of time. This sort of trend analysis is helpful when negotiating prices with your subs going into the new year and making the sort of decisions that will help improve your 2011 financial performance. If you know what the market will bear for a particular project, such as an insurance-paid roof replacement, you can determine the maximum you can afford to pay for labor.
The subcontractor agreement should also include an indemnification provision, a provision requiring that all safety laws are followed, and a tobacco, drug, and alcohol provision. Because subcontractors are entities, a personal guaranty signed by the owners of the subcontracting company should be a part of the agreement.
The relationship between general and sub is more complicated today than ever. Margins in construction are tight so keeping your subcontracting costs under control is vital. Shifting risk to your subcontractors is key to controlling costs and proper insurance coverage contributes to that goal. Verifying the entity status of subs can ensure that the contractor won't incur unexpected employment costs. And a well drafted subcontractor agreement helps both parties know what 'the rules of the game' are for the relationship.
Use care in managing the business and legal relationships with your subcontractors and make 2011 your best season ever.
* * * * 2011 Alden Pearson. P.A. All rights reserved.
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.
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.
There seems to be a lot of confusion around the differences between the provisional patent application and the real patent application. Most of the perplexity is generated by individuals who have no experience in patenting but are willing to offer advice when questioned on the subject. Let me give you the brief definition of each and how they are interrelated.
The provisional application for patent (PAP), also referred to as PPA, is a way of bringing an invention to the attention of the United States Patent and Trademark Office (USPTO). The inventor or author of the invention, using a few standard forms, can secure a date of conception for their invention via the PAP. This date of conception is very important and should not be underestimated. This is the date that defines when the invention was first conceived. An individual who can prove that they first dreamed of the creation will be awarded ownership.
The part that is most confusing is the PPA can be converted to an RPA by filling a specific form. Bear in mind that the PPA would have had to include all the information required by an RPA. This allows the inventor to keep the date of conception the same as that of the provisional application. Otherwise, the date of conception will be considered the date that the USPTO acknowledges receipt of the RPA.
In conclusion, the two differences between the PAP and the RPA are cost and the assignment of the patent application to an examiner. The inventor's perception of their invention will determine which type of application works for their situation. Confusion cleared up.
Employment Lawyer Houston