Why Hire a Business Litigation Lawyer League City 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 League City 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 Business Litigation Lawyer League City 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.
What Does a Wills & Estate Attorney Do?
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.
Automobile Accident Attorneys
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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Important Things to Know in the Real Estate Law
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".
What Is Medical Negligence?
Violations of a child custody order or a visitation agreement can be serious and sometimes frightening because they might involve actions that pose a danger to the well-being of a child. If you feel that your child is involved in such a violation, you have several options both under civil and criminal law. Regardless of whether the remedy is sought under civil or criminal law, the other party is still entitled to notice and a proper hearing.
Civil remedies usually involve some form of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing something. Unlike criminal remedies, civil remedies are aimed at alleviating the wrongdoings rather than punishing the offending person. Some civil remedies for violations of a child custody order are:
- Contempt of court: The court may hold the violating party in contempt of court if there has been a previous court order involved. Contempt of court typically involves a fine for the violating party, as well as further orders and instructions, such as returning the child to the other parent.
- Injunctions and Restraining Orders: These are court orders which require the other party to take certain courses of action or to refrain from certain acts. These can include orders to stay a certain distance from a child, or orders not to contact the child. The party seeking an injunction or restraining order must usually be able to prove that other remedies (such as money damages) are insufficient to correct the situation.
- Monetary damages: In certain cases, one parent may be able to obtain money damages if the violation has resulted in ascertainable (provable) losses to the parent or child.
- Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation simply because the child custody or visitation agreement has no longer become practical. For example, this may be due to a change in employment or a relocation to a different area. In such cases modifying the agreement can be a peaceable way to avoid further conflicts.
Do I need a Lawyer to Enforce the Custody and Visitation Order?
In some instances, hiring a lawyer is not the parent's most immediate concern, especially if the case involves an emergency such as a kidnapping or if the child cannot be located. In such emergencies, one should contact local police enforcement authorities in order to address the situation. However, after the situation has been remedied and the child's safety has been ensured, the person may wish to contact a lawyer to see what additional courses of action they have.
Even in less extreme cases, a parent would still be wise to contact a lawyer regarding violations of a child custody order. When contacting the lawyer, here are some points to consider in conclusion:
- Determine whether a formal child custody and visitation arrangement has been formally issued for the child and the parents. If none has been issued, it is probably best to obtain one diligently and without delay
- In the event of an actual violation of the custody order, understand the basic remedies available to you, and how they are different according to civil and criminal law settings
- If you cannot arrive at a suitable remedy, the court may still be able to assist you using their discretionary powers in order to issue a different decree
Subcontract Flow Down
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.
Employment Law Services
Contingencies are commonly included in most real estate purchase agreements or contracts. They are written clauses that give protection to both the buyer and the seller of a home as well as give them time to assess important aspects of the home before proceeding to the closing. These are normally included in an effort to allow potential buyers and sellers to back out from the deal without facing legal issues in the event the contingencies are not met by either of the parties involved in the transaction.
The common contingencies are usually seen in pre-printed contract forms used by real estate agents. Below are some of them for your guidance.
A home inspection is normally asked by home buyers to ensure that the property they are buying is free from material defects. If in case some defects are discovered during the purchase period, they can ask for an immediate repair from the buyer or they can just back out of the deal. The contingency clauses can specify which party will shoulder the repairs and to what extend. Other options can be included for homes that require repair. A professional home inspection report specifies the date of the inspection and the status of the residential property concerned.
A contingency on deeds is applicable as well. The purchase offer can state what type of deed the buyer expects from the seller during closing. This should be accompanied by a statement from the seller ensuring that the real estate property will be free from liens and other issues that cropped up with the past owners.
So in essence, these contingencies are with a purpose thus, it is vital that they be stated in the contract in the most specific way as possible.
Personal Injury Attorney - Why Do You Need One?
When an amputation occurs as a result of an accident - either during the accident itself or through surgery as a result of injuries from the accident - the injured party may be able to sue the people or organization responsible. Amputation involves the removal of all or part of a limb - an arm, hand, finger, leg, foot, or toe.
There are currently nearly two million Americans who have had a limb amputated. Of course, some of these amputations occurred due to illness or military combat. Only when the amputation is the result of an accident or medical malpractice is a lawsuit possible. In some cases, however, a responsible party cannot be pinpointed, such as if an amputation happened due to a natural disaster like a tornado, earthquake, or hurricane.
Some people involved in the bombings during the Boston Marathon lost their legs as a result. Unfortunately, the surviving bomber hardly has the funds to take care of the medical expenses of the injured. Attorneys are still scrambling to determine other possible responsible parties for lawsuits, but it isn't that easy. Luckily, for those people who were injured, donations have been collected to at least help with their medical costs.
Most amputation-related lawsuits are due to injuries incurred in car accidents and construction accidents. If an accident involves the severing of a limb, surgery is still required to cauterize the wounds, remove any remaining dead tissue, and to attempt to save as much tissue as possible. Sometimes, if a limb is recovered, it can be reattached. Beyond the costs of surgery and the post-surgical hospital stay (which is two weeks on average), there are the costs of prosthetics/artificial limbs. Those limbs must be installed after the initial wounds have healed. In some instances, amputations require a number of surgeries.
Responsibility is not always cut and dry. For this reason, these cases may end up in court rather than settled out of court with the defendant's insurance company. For example, when a young man's finger was severed at a party, he sued the parents of the teens who held the party, claiming that the parents did not properly supervise the event.
In a product liability case in which responsibility is clearer, a woman lost both of her legs when a car accident occurred allegedly as a result of a faulty ignition switch. The lawsuit was filed against General Motors, which recalled cars containing the defective switch only after the woman's accident occurred.
A medical malpractice case example involved a man suing his podiatrist after his toe had to be amputated following the podiatrist's care for cellulitis. When the man went to the emergency room, he was diagnosed with gangrene and had to lose his toe. He sought $100,000 in medical bills from the malpractice insurance of the podiatrist.