If you are contemplating legal action, your first big decision is likely which lawyer is right for you. How do you find a good McKinney lawyer?
Talk to friends and family. Chances are good that someone you know has used a lawyer or knows someone who has. Ask friends and family who they used and about their experience. Were they satisfied with the service they were provided? Ask for specifics about why they did – or did not- feel their lawyer provided good service. Find out if the lawyer returned telephone calls or emails in a timely manner, whether the case was pursued and completed in a reasonable time, whether the lawyer listened to requests and concerns, whether the person was kept informed about the status of his or her case, whether fees charged were fair and bills detailed enough to know what legal work was completed on the case.
Referral Services. There are a number of referral services in Texas. The State Bar of Texas provides a list of referral services around the state. Referral services require lawyers to register and generally require lawyer members to carry malpractice insurance. In the Austin and central Texas area, contact the Lawyer Referral Service of Central Texas. Referral services often also set a limit on the fee charged for an initial consultation. The Lawyer Referral Service of Central Texas requires its member lawyers to provide a 30 minute consultation for $20.
Courthouse. Go watch lawyers in action. In family law matters, divorce, child visitation, child support, etc., you can find hearings going on at the Travis County Civil Courthouse on Monday, Wednesday, Thursday and Friday. Except in rare circumstances, court proceedings are open to the public. Locate a hearing to watch by asking at the information desk or check the directory of courtrooms and investigate until you find a hearing to watch. You may enter and leave a courtroom while proceedings are ongoing, but remember to be respectful and quiet. Turn off cell phones and pagers and do not bring food or drinks into the courtroom. It also advisable to not bring your children. Some of the issues in these cases may not be appropriate for children, who likely should be in school in any event, and children may have a difficult time sitting still and quiet during proceedings.
Once you find a hearing to watch, what do you look for? Real life legal proceedings are almost never as exciting and suspenseful as they are tv, but you will be able to gather important information about a lawyer by watching him or her in court. Is the lawyer conducting him or herself in a professional manner? Remember that your lawyer will be an extension of you – representing you and your interests. I submit that a professional, courteous and zealous advocate is more effective than one who is rude and unprofessional. Is the representative prepared? Every attorney has a different way to conduct hearings, but notice whether he or she appears to have documents organized, asks good questions and seems to have a plan. Observe the delviery style to see if it persuasive to you and compatible with your personality and desires. Watch long enough to get a sense about the attroeneys and move to another hearing. If you find an adviser you would like to speak with, ask for his or her contact information during a break or write down the name and call later.
Interview potential McKinney lawyers. Many offer an initial consultation free or for a small fee. You may only have 30 minutes for an initial consultation so prepare before you go. If there are any orders in place, bring those with you to the consultation. Be prepared to open the consultation with a concise description of your situation and outcome you seek. Make a list of questions and concerns so you don’t forget to raise them during the meeting.
Ask about legal fees – does the attorney charge by the hour or provide services for a flat fee? Will you need to provide an upfront retainer or deposit. If so, how much? What happens to that retainer or deposit at the end of the case? Will it be returned to you? How often will you be billed? What types of expenses will you be charged for? Does the lawyer accept credit cards or offer a payment plan? What happens if you get behind on your bill?
Ask about lawyer accessibility and communications – does the professional have a policy about the length of time it takes to return calls or respond to emails? Does the adviser use email in his or her practice at all? Will you be able to reach the lawyer via cell phone? How will the adviser keep you informed about the status of your case? I give my client’s my cell phone number for use during business hours and make every effort to return calls or reply to emails same day, or the next day. Sometimes that means I call clients at 7pm or respond to an email at 10pm but I have never had a client unhappy to be contacted after hours.
Ask about the process and timing – based on your circumstances, what does the lawyer advise be done and what is the process? How long will it take. It is important to have a realistic understanding of how long the process will take. Unfortunately, legal proceedings sometimes take months, or longer, to resolve depending on the issues.
Ask about experience and qualifications – does the attorney have experience with your type of case? How long has the lawyer been practicing? Does the lawyer have any specialized training or certification?
Don’t feel pressured to hire the attorney during the initial consultation. Take a few days to think about the meeting, and interview other attorneys. Once you decide on an attorney you will set up another appointment to sign a representation agreement and take care of any retainer or deposit requirements. The representation agreement is the contract between you and your attorney. Read it carefully and ask the lawyer to explain anything you do not understand.
The Legal Benefits of Incorporation And Documentation
The ankle and foot is a complex joint that is supported by many muscles, tendons and ligaments. When the ankle is strained or more seriously sprained, there is a disruption to the entire integrity of the foot. The foot is the foundation of the body and when there is an injury, the entire structure will react in tandem, from the knee, hip, back and even the neck. The most common type of injury to the ankle is called an inversion sprain. This is due to the ankle being turned inwardly. The ligaments affected are the anterior talofibular, the posterior talofibular and the calcaneofibular ligaments. The injury can occur to either one or more of these ligaments.
There are various degrees of injuries that can occur. When there is a sprain, there will be no tearing of the muscles, tendons or ligaments. Sprains are the more serious injuries where there is a tear to one or more of the tendons and ligaments. Depending on the seriousness of the tear or tears, will determine the amount of bleeding taking place within the ankle. In severe sprains, there will be swelling, inflammation and redness that can turn to a black and blue discoloration. An injury sustaining severe tears can take 6 months or more to heal, especially if the proper treatment had not been started at the time of injury.
When an injury such as this occurs, it is mandatory to take immediate action. If the injury appears to be serious and you cannot place any weight on the foot, it may be advisable to see your healthcare provider who may x-ray the ankle to rule out a fracture. Once a fracture is ruled out, the treatment of choice is usually called RICE, which is as follows:
R: Rest. Do not put any body weight on the injured ankle.
I: Ice the ankle as soon as the possible after the injury has occurred. Cold applications should be used several times daily for the first 48 hours.
C: Compression. Use an ace bandage to bind the injured ankle, but not tightly enough to constrict blood flow.
E: Elevation. Keep the leg elevated to help gravity drain the buildup of excess fluids that occur in an injury of this type. Lactic acid can be part of this fluid buildup, and it is this lactic acid that will be instrumental in causing additional muscles spasms adding to the pain and discomfort.
SPECIAL SUGGESTION: Immediately after the injury and after ice has been applied, to further reduce swelling, you may want to soak the ankle in a Burrow's Solution. You can make your own by filling a pan with water, add enough ice cubes to make the water on the cool side, not ice cold. To this water add a cup of white vinegar. Soak the foot for 15 to 20 minutes and repeat 3 to 4 times daily. After the soak you can apply a good analgesic gel. As stated earlier, it is important to treat an acute injury of this type as soon as possible. Many times the person injured will take it for granted that time will heal it. Yes, let time heal it and you can end up with a chronic condition that will trouble you at the slightest impact you place on that ankle throughout your lifetime. The injured ankle will be prone to recurrent sprains at the slightest provocation.
Why You Need a Wills Lawyer
With the warm weather now upon us, more and more people are spending their days at amusement parks. They are a favorite pastime for people of all ages, but the danger that the rides can cause is something that people do not think about, or at least they try not to think about.
Amusement park accidents are a reality that all park visitors should be aware of. The exact number of injuries that are sustained by amusement park rides is unknown, but emergency rooms report treating an average of 7,000 people each year for amusement park related injuries, ranging from minor injuries to death.
There are a number of different reasons why theme park injuries can occur:
o Mechanical failure. After all, the rides are just machines, and machines do sometimes fail. Some mechanical failures that are commonly associated with theme park accidents are broken or missing structural components, malfunctioning safety features, failure to stop, or improper detachment of cars or structural pieces.
The federal Consumer Product Safety Commission is responsible for checking the safety of theme park rides, and rides are inspected before anyone has a chance to ride them. Before the opening of a theme park each day, the rides are sent for a few test runs without any passengers. There are many steps taken to ensure the safety of rides, but accidents can and do still occur. Sometimes a ride that seems perfectly safe may actually be really dangerous. This is especially true of new rides. If you are weary of the safety of a ride, it is best to be cautious and pick another ride to go on. Your instincts may be right and it's better to be safe than sorry.
Occupational Noise and Industrial Deafness
Definition of "Contract"A contract is defined as an agreement between two parties that creates a legal obligation for both parties to perform a specified act. In a contract, each party is bound by law to perform the requested duties or to render a monetary payment. Something of value must be exchanged between the two parties in order to make their promises enforceable.A "breach of contract" occurs if either party fails to perform their specified duties. The other non-breaching party may be entitled to legal or equitable relief, especially if they have already performed on their end of the bargain.Written and Oral ContractsCourts almost always prefer that contracts be written down rather than made through an oral (spoken) agreement. Both of oral and written contracts are enforceable and states have specific laws dealing with the situation where both are used for the same contract.Having a written instrument helps to avoid or clarify disputes should a breach of contract occur. Written contracts are also preferred if there is no previous history of dealings between the parties, so they can keep written records as their business relationship builds.Ways in which a Contract may be BreachedAny failure to fulfill the duties according to the terms provided in the contract results in a breach of contract. Sometimes the breach is a result of directly failing to perform a specified duty, while at other times the breach can result from surrounding factors. Some of the different ways in which a breach of contract may occur are: "Non-Performance": This means a general failure to perform a duty. Not all failures to perform result in a breach of contract. In some instances performance is not required until the time specified in the contract. Until the time for performance arrives, performance is not due (for example, payment upon delivery means that you do not have to perform your payment duties until the shipment is delivered) Impossibility: A breach may be found if one of the parties takes an action which makes it impossible for the other party to render their performance. Usually measured by an objective standard (i.e., no one could perform the duty) Breach of an Implied Duty: Here the breach is not linked to a duty that is mentioned specifically in the contract. Sometimes courts will look at a contract and conclude that the performance implied other duties which are not written or stated. Examples of implied duties that may be breached are such a general duty of care or a duty to act in good faith. Anticipatory Breach: A court can conclude a breach of contract if one of the parties expressly states that they will not perform, or if they act in such a way that is inconsistent with forthcoming performance. This entitles the other party to relief even though a breach technically did not yet occur Total vs. Partial Breach: Breaches of a contract may either be total or partial. A total breach means that the breach has been so "material" (substantial) as to allow the other party to receive the entire benefit of the contract. Whether the breach is material is subject to the analysis of the court. A total breach will have different results in recovery options as opposed to a partial breach. Remedies available for Breach of ContractThere are several remedies available in the event that a contract is breached. These may be reduced or subject to modification if the injured party has also committed a breach. Compensatory Damages: These are monetary damages that are intended to compensate the injured party for the amount that they expected to received from the contract Consequential Damages: Intended to reimburse the injured party for damages that are indirectly caused by the breach Liquidation Damages: These are damages for amounts that are specifically agreed to and written into the contract Punitive Damages: Damages that are intended to punish the breaching party and deter them from future breaches. Rarely awarded in contract cases unless they involve a tort situation Nominal Damages: Damages that are awarded when the injured party did not actually incur a loss. Also rare because most breaches of contract typically cause some sort of loss to the other party Specific Performance: Not an award of money damages, but rather is an equitable remedy designed to compel the breaching party to perform their contract duties. Other equitable remedies (i.e., not involving money damages) are: Contract rescission: The old contract is canceled out and a new one may be formed Contract reformation: The court allows the parties to rewrite the contract Finally, please be aware that filing a breach of contract case in court requires that you follow the rules regarding the statute of limitations. The statute of limitations refers to the time period during which a case may be filed, which may be a number of years depending on the state. If the statute of limitations expires, you will no longer be able to file a case.Points to ConsiderIf you are involved in a breach of contract claim, whether you are the breaching or the non-breaching party, you should consider the following points: Written contracts are much more preferred than oral contracts because they provide a point of reference between the parties Each party should fulfill their duty according to the terms of the contract. The court can also imply duties in a contract A contract can be breached in several ways. Sometimes relief can be available even if breach technically did not occur Be familiar with the types of remedies available for breach of contract- some involve monetary payment while others involve equitable relief Be conscious of the statute of limitations and any other deadlines when filing Contact a lawyer who will help you in preparing and analyzing contract terms
Will Disputes Lawyers
Imagine the ideal business world - where every business follows every term of a contract diligently and there is no problem. However, the real world is not such an easy place. Unexpected delays, not carrying out the terms properly or not carrying out these at all are frequent. This could spell trouble for the other party involved in the contract.In such a situation, the most important thing to do is get in touch with a commercial litigation lawyer proficient in Florida laws. Any breach of contract may mean financial losses and unnecessary trouble for your business. You need a legal advisor to assess whether you have adequate grounds to claim damages for this breach. Challenging a breach at court requires it to have a 'material' purpose. Suppose the failure to timely certain tools, from a business with which you have a contract, prevent your business from manufacturing a bulk order. If your lawyer is capable to establish that you suffered losses because of this breach, there are material grounds for filing a suit.When there are adequate grounds for you to recover damages because of the breach, your lawyer is best suited to tell you which method to opt for. If the case involves less than $5,000 worth in damages, you may seek dispute resolution at a Florida small claims court. You may also choose alternative dispute resolution methods -Mediation - having a mediator review the case Arbitration - having a binding arbitrator work out a resolutionIf all these attempts fail, you need to ask your Miami commercial litigation lawyer to file a suit. Choose a qualified and experienced litigation expert for proper presentation of your case at court. If you can establish that the breach had an adverse effect on your business, you may be able to get a legal remedy.Specific Performance: this involves the court ordering the breaching party to perform the duty as the terms of the contract specify. This is, however, available if the subject matter of the contract is rare or unique. Damages: the objective is to compensate for the damages the non-breaching party suffers or to punish the breaching party. The different types are as follows:Compensatory damages - the monetary loss for the breach, or its consequential action Liquidated damages - as specified as a term in the contract Punitive damages - to punish the breaching partyCancellation and Restitution: your commercial litigation lawyer may ask for cancellation of the contract, where all parties get relief from all obligations and later sue for restitution, i.e. the breaching party needs to pay for the work or do it themselves.
Ankle Injuries and Treatment Options
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.
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