Why Hire a Maritime Lawyer The Woodlands 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 Maritime Lawyer The Woodlands 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 Maritime Lawyer The Woodlands 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.
Texas bankruptcy laws are not the same as in other states. Therefore, if you want the court to give judgment in your favor, make sure that you are aware of these laws and know when and how to use the same.
Texas Bankruptcy Courts
Texas has the specific set of laws that are followed by the courts in the state to deal with the various liquidation cases. There are twenty courts where you can file for bankruptcy. These courts have been categorized in four regions as Eastern District Court, Northern District Court, Southern District Court, and Western District Court.
Federal Set Of Exemptions Vs Texas Specific Exemption
Bankruptcy Forms In Texas
The free bankruptcy forms in Texas are very much the same as in other states. The only difference lies in the columns where you have to declare the various properties for exemptions. These columns must be filled with great care in order to make sure that things mentioned there are in line with the specific laws.
The great thing about the bankruptcy laws in Texas is that it allows the debtor to exempt unlimited value of the various homestead properties.
Winning your Rhode Island Child Custody case by not making dumb mistakes
In my 13 years as a Rhode Island Child Custody Lawyer, I have seen many fathers and mothers make inane and stupid decisions during the course of Rhode Island Child Custody Proceedings. Sometimes winning your RI Child Custody is about the mistakes that you avoid rather than what you do right.
The stupid and boorish behavior set forth below may impede or ruin your chances of getting Custody in Rhode Island Family Court. All of the actions set forth below are actual behavior that I have seen in Rhode Island Family Court
Read this RI Family Law article carefully!
I am almost afraid to tell people not to engage in the behavior and antics set forth below for fear of being accused of being condescending or patronizing to my clients. It is really just common senses. Ironically, many of the mistakes that mothers and fathers make are mistakes made in an attempt to get an unfair advantage.
1. Do Not post Inappropriate content on Facebook, MySpace, social networks or online which show that you are an unfit parent, use drugs or alcohol or otherwise not acting in the best interest of your child. Remember, the other parent is often trolling around your Facebook page looking for any angle to help him or her prevail in the custody feud. A seemingly innocuous "Facebook friend" may actually be feeding information to the other parent.
2. Do Not Post online Negative or disparaging remarks or comments about the other parent, the judge, the psychiatrist, the psychologist, the custody evaluator, anyone involved in the custody proceeding, the other Rhode Island Lawyer or the other parties family.
3. Do not Blog about your case. You should fight your case in Court not on your blog. These blogs infuriate judges especially when there is a chance that the children may view the blog.
4. Do not buy an expensive item, cars or take a trip when you are claiming you can't afford child support or you face a child support contempt motion. The other Rhode Island Lawyer will use this to prove that your contempt is willful and ask that you be incarcerated.
22. Do not have overnight visitors of the opposite sex while the children are home. The Custody case is complicated enough and there is no need to get other people involved in the case.
23. Do not buy the child a huge gift the day before or the day of his interview with the judge. This looks like bribery to a judge. However, gamesmanship is a good idea. There is nothing wrong with a day at the amusement park the day before the meeting with the judge. Gamesmanship is ok. Bribery is not ok.
24. Do not leave the state without informing other parent of where you are going and when you will be returning. You must also provide contact Information.
25. Do not have necessary heated confrontations with the other parent. Walk away from these bad situations and tell your lawyer. These confronations often lead to a Rhode Island Restraining Orders or complaints protection from abuse.
Even if the confrontation is not physical and relatively harmless, the other parent may blow it out of proportion and use it to get an unfair advantage by pursuing a restraining order or instituting Criminal charges
Allegations of domestic violence could destroy your chances of getting physical placement or joint custody of your Child. Sometimes these confrontations lead to RI Criminal charges. You do not want to be hiring a Providence Criminal Lawyer.
Important Rhode Island Family Law tip: Many people use the term "full custody".This is not a legal term. Legal custody pertains to decision making and access to records and is either Joint Custody to both parents or Sole Custody to one parent. Physical Custody is where the child resides on a day to day basis and the other parent has visitation rights. There is also shared physical placement.
Need advice: Maritime Lawyer The Woodlands ?
On the job injuries are a particularly ironic and frustrating setback for a worker and his or her family. If the injury is severe enough it can force a worker to miss time at work and may permanently compromise one's ability to be gainfully employed. So, you went to work to earn money but an injury sustained there may wind up costing you much more than you would have gained even if you remained healthy. It hardly seems fair but it is the challenging reality with which countless employees and their loved ones must contend on a daily basis.
Heavy-duty physical jobs such as those in construction work bear some additional hazards for those who fill the positions. Dangerous tools and machinery are one source of threat and they can cause debilitating and violent injuries when handled improperly or in the event of a mechanical defect or malfunction. These are the sorts of injuries that typically spring to mind when one considers the need for workers' compensation benefits, perhaps because they are so troubling and visually easy to grasp. But some less obvious occupational injuries can also interfere in the lives of workers.
- Carpal tunnel syndrome - results from pinching of the medial nerve caused by the inflammation of the tissues in the wrist
- Bursitis - occurs when the bursa (fluid-filled cushions between bones) become swollen and interfere with free movement
- Tendonitis - caused by the overuse of a particular tendon (connective tissue between muscle and bone) which leads to localized pain.
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.
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".
By their nature amusement parks are risky locales. While the risk and thrill of park rides can be exciting, it can also be devastating if something goes wrong. Ride accidents can happen at high speeds or heights which can cause serious injury and even death.
Amusement park accidents are no joke. If you or someone you know has been involved in a park accident, consulting with an amusement park injury attorney immediately could help you get the compensation to which you may be entitled.
Causes of Park Accidents
According to the Consumer Protection Safety Commission, the occurrence of theme park accidents is most commonly due to one or more of the following:
Why You Need a Lawyer
If you or someone you know has been involved in an theme park ride accident, you may be entitled to compensation for injuries and damages due to someone else's negligence. For more information on amusement park personal injury claims, visit the website of Waukesha, Wisconsin personal injury attorneys Habush, Habush, & Rottier, S.C. here..
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.
Maritime Lawyer The Woodlands