Why Hire a Legal Malpractice Lawyer Fort Worth 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 Legal Malpractice Lawyer Fort Worth 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 Legal Malpractice Lawyer Fort Worth 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.
6 Key Elements of a Contract
Online incorporation services tout easy, fast, and cheap online incorporation and limited liability company (LLC) formation services. Examples include LegalZoom.com, MyCorporation.com, and IncorporateTime.com. Storefront and virtual paralegal services such as We the People and those found in the legal services section of your local craigslist also offer similar services. Their web sites and radio and TV sales pitches indicate that forming a corporation or LLC is as quick, easy, and inexpensive as filling out an online questionnaire and paying a fee of $100-150 for the completion of the paperwork and the filing of the documents with the secretary of state (plus the filing fees charged by the state). This article reviews the advantages and disadvantages of these services overall - for specific reviews of a particular provider, you should look elsewhere (and preferably to those with direct experience using the service, as well as at least a year of business operations thereafter).
No legal advice
In the fine print, many document preparation services state they are not law firms, cannot provide legal advice, and recommend that you consult an attorney for legal advice. Here's a word for word example from one web site: "This site is not a substitute for legal counsel.... You should consult legal counsel to determine applicable law for your situation." And from another: "[Our document preparation service] is not a substitute for an attorney or law firm." Only licensed attorneys can practice law and provide legal advice to clients, so these firms are wisely protecting themselves by making it clear that they are not in the business of providing legal advice; they are in the business of preparing whatever forms or filing you tell them to. Thus, the computer programmer's old adage, Garbage In, Garbage Out, applies. If you tell them to form a Nevada LLC, when you really need a California S corporation, they will in all likelihood produce a technically sufficient LLC, but it won't meet your actual business legal needs. Likewise, if you choose not to elect S-corporation status, and end up paying higher taxes as a C-corporation, this is not their fault; they are counting on you to know what you need, or to have consulted a lawyer and/or tax accountant before coming to them.
Many incorporation services would apparently seem to remedy this situation with lengthy FAQs and learning centers, but, frankly, a few minutes or even a few hours of research is not a substitute for a lawyer's college degree, three years of law school, and additional on-the-job training and annual continuing legal education. Any paralegal or incorporation service whose employees do provide legal advice is engaged in the unethical practice of law without a license, a crime in most jurisdictions, and their legal advice, for more reasons than one, should be taken with a grain of salt. Better yet, terminate your relationship with any such person immediately.
The other 'remedy' is to portray incorporation as a one size fits all, cookie cutter purchase, rather than explaining the reality that can be summed up the quote sometimes heard in law school, "The general rule applies to no one in particular." In other words, your circumstances and needs are not those of your friends, neighbors, or other online entity formation customers.
Other Legal Issues
But aren't you, as a California incorporation lawyer, biased?
That's certainly a legitimate question, and I obviously have a strong opinion on the matters discussed. It's up to you to take to heart or disregard the opinions and advice in this article, but I would answer it this way: Because I am a business attorney, I have seen the result of using these services in a way most lay people would not, and as a result cannot recommend that most people use an incorporation service. And although incorporation legal services is part of my business law practice, I would encourage most readers to use an attorney of their choosing, in their state - it need not be me and obviously I don't benefit from you using another attorney any more than I benefit from you using an incorporation service. In fact, incorporation services are probably in the long run good for my practice; they provide a steady stream of repair work and dispute resolution for me, that typically cost $1000s more than my flat fee incorporation services.
Summary and Conclusion
In short, comparing incorporation services to a business lawyer is an apples to oranges comparison. One option provides more services and costs more; one provides less and costs less. Neither is a "rip-off" or the definitive solution for everyone. You are more likely to get things right by choosing either than choosing neither and going it alone. The lawyer is licensed by the state to provide legal advice, is subject to numerous ethical rules, forms an attorney-client relationship with his clients, and keeps up to date on changes in the law through mandatory continuing legal education. The incorporation service simply executes on your instructions, no advice, no hand-holding, no legal review of your situation or legal needs. If your instructions do not comport with what's best for your situation, then your result will be less than optimal.
There may be a small group of people who know what they need, and how to do it, but just lack the time, and who are thus well served by incorporation services. (Ironically, most of these people probably realize the value of an attorney's input and would generally hire one to take care of their legal needs, while spending their own time on what they do best, improving their business. This explains why I have business entity formation clients who are attorneys and law firms!). Or who have been advised by their accountant to form a particular type of simple entity (simple being defined as an entity to be formed in their home state jurisdiction and with only one owner). But, in my opinion, the vast majority of potential incorporation service customers would be better served by investing an additional $500 or so to have their entity selected, formed, and set up correctly, with all of their questions answered along the way, with due attention to related legal issues, and to establish a relationship with an attorney for ongoing or future legal services.
Revocation of Patent
Workplace accidents can have a devastating effect not only on the life of the victim, but the family members as well. Millions of work related accidents happen across the world every year in which innocent workers get hurt and suffer losses. There are many different types of jobs which are dangerous by nature and this means that it is important to ensure the safety of employees. Other jobs although may not be too dangerous, but, employers still have a duty to ensure the well being of their staff.
Work injuries are common, but as a worker, it is important that you understand that there are rules which have been designed to protect you from workplace hazards as well as assist you if you have been injured whist at workplace. This means that workplace injuries and accidents should not occur in the first place, but if they do happen for which the employer or another person is responsible, then you may be in a position to make work injury claims.
There are thousands of injury lawyers who will be happy to help you with your claim without any cost to you. This is possible because these injury lawyers will recover their fees from your opponent if the claim is successful. To make a work injury claim, ensure that you have legal representation. Work injury lawyers know how to deal with big insurance companies and how to help you bring up a strong work injury claim. They also know how to maximise your compensation claim so that you recover a high level of compensation.
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Amusement Park Accidents and Personal Injury
Potential clients seeking relief in the Texas appeal process must act quickly to preserve as many of their rights as possible. The appeal timetable is unforgiving. It must be complied with strictly to preserve a person's right to review in Texas appellate courts. Texas criminal defense lawyers, and prospective appeal clients alike, must be familiar with the applicable time limits regarding criminal appeals.
The day of sentencing is the critical date in the Texas appeal process. Most time limits imposed in a criminal appeal begin to run on the day a defendant is sentenced. Generally, the defendant has 30 calendar days within which to file a motion for new trial. Perfecting appeal also requires the defendant to file a notice of appeal, which vests jurisdiction in the appellate court, within this same 30 day period.
In a plea bargain situation, where the trial judge accepts, or does not exceed, the punishment recommendation by the prosecutor, a defendant typically waives his right to appeal except for matters raised by written motion and ruled upon prior to the plea. For example, motions to suppress evidence, ruled upon prior to the plea, are types of such appealable matters. Most appeals, however, result when a person's guilt or innocence is contested and fought-out before the trial judge or jury. A convicted defendant then appeals the finding of guilt. Also, errors committed during the punishment phase of the trial can be raised during such an appeal.
After notice of appeal is filed the defendant may request an appeal bond, provided the sentence did not exceed ten (10) years confinement. Granting an appeal bond is within the trial judge's discretion. The judge may also order the defendant comply with bond conditions. Such conditions include regular reporting, a curfew, or other reasonable conditions while on release pending appeal.
If you have any questions about the appeal of a criminal case in Brazos County, or other jurisdictions in Texas, please contact a Texas appeal attorney immediately to discuss your case.
White Collar Defendants Need a Federal Prison Consultant
Anthracosis and silicosis are major industrial problems in developing but industrialized nations since a large number of workers are engaged in mining in many states of such countries. Prolonged exposure to cola dust causes anthracosis among miners. These particles give a black color to the lesions.
Coal particles reaching the alveoli are ingested by the alveolar macrophages. The phagocytes are activated by the presence of substances like silica. Fibrosis develops at these regions. The affected lobules undergo centrilobular emphysema. On prolonged exposure, progressive massive fibrosis (PMF) develops and this is the characteristic lesion in complicated pneumoconiosis. In radiological diagnosis, the lesions of progressive massive fibrosis appear as sausage-shaped densities exceeding 1cm in diameter, in the upper and mid-zones of both lung fields. Further complications such as chronic bronchitis, bronchiectasis, ischemic necrosis, thrombosis of pulmonary veins, pulmonary hypertension, cor pulmonale, and lymphatic obstruction may supervene.
Gradual onset of dyspnea and cough with purulent expectoration mark the onset of the disease. Expectoration is more copious when bronchiectasis is also present. Dyspnea worsens when progressive massive fibrosis supervenes. Cavitation of these lesions gives rise to expectoration of large amounts of black sputum. Large nodular lesions develop in the lungs in subjects with rheumatoid disease who develop pneumoconiosis. These lesions are 1-5cm diameter and detectable in radiological diagnosis (Caplan's syndrome).
Prolonged exposure to dust-containing silica (silicon dioxide) gives rise to silicosis. Often this occurs in combination with anthracosis. The lesions produced by silica dust are similar to those produced by coal dust, but the lesions are larger. In addition, silicosis also gives rise to pleural thickening and adhesions. Sometimes silicosis produces acute respiratory manifestations with dyspnea and impairment of gas exchange in the alveoli.
Cotton dust probably contains non-antigenic substances which stimulate histamine release from mast cells in the lung. Pure cotton such as surgical cotton does not provoke the symptoms. The occurrence of dyspena and cough at the beginning of the week is attributed to depletion of the mast cells of their histamine. Radiological findings are nonspecific. Treatment consists of withdrawal of susceptible persons from the environment and symptomatic measures. Numerous other disorders have also been recognized as resulting from occupational exposusre to different materials.
Once established, pneumoconiosis are treated symptomatically since specific therapy is lacking.
Workers who are employed in industry should be recruited only after proper medical examination. Persons with family history of allergic respiratory disorders and those who have features of obstructive airway disease are more likely to develop permanent ill effects. Periodic examination of the persons to facilitate early detection and removal from the harmful environment is required by legislation. Industrial establishments where the risk of penumoconioses is present have to follow specifications intended to reduce the concentration of dust in the environment and also for giving protection to the workers. Many of the penumoconioses attributable to occupational exposure are eligible for compensation from the employers.
Construction Warranties in New York, Sometimes Less Is More
In the summer, many vacationers and families from Pennsylvania, Delaware and New Jersey drive to the Jersey Shore. One of the favorite past times of most vacationers is to go on the rides at the boardwalk. So who maintains the rides? Are the rides safe? What happens if there is an accident and someone gets injured?
The New Jersey Division of Codes and Standards, a part of the New Jersey Department of Community Affairs (DCA), governs ride safety in amusement parks and carnivals to ensure the safety of these rides for the public pursuant to the Carnival and Amusement Ride Safety Act. NJAC 5:14A-1.1 - 5:14A-13.5, which was only implemented in the recent years. The Act provides responsibilities not only for the owner and manufacturer of the rides, but also the rider. The Act has 13 Subchapters, but only a few chapters of interest will be addressed in this article. The entire act can be found on DCA's website.
Subchapters 2 and 4 address the owners and manufacturers' responsibility with regard to maintaining the rides. Prior to a ride being open to the public, the DCA requires the owner and manufacturer of the ride to submit documentation for review regarding all carnival and amusement rides. These documents result in an annual inspection and permit to operate the ride in New Jersey. In addition, the rides are inspected by DCA prior to the ride is open to the public
Lastly, the owner is also supposed to keep a log of all incidents not reported to the Department that involve any ride-related injury or complaint. NJAC 5:14A-14.3(c).
With the regulations implemented in the recent years, safety has improved. In fact, New Jersey's 2009 summer season was free of serious injuries on roller coasters, Ferris wheels and log flumes, as reported by New Jersey State Officials.
It is important to keep in mind that regulations alone cannot prevent accident and injuries, riders must also be mindful of the safety issues. Read ALL of the warnings and requirements for the ride. For example, do not rely on the ride operator to enforce the height requirement. If you have young children with you who do not meet the ride height requirement, do not let him or her get on even if the ride operator lets them.
With stringent regulations and responsible riders, let's hope the 2010 summer season is also free of serious injuries.
Breach of Contract: Legal Remedies That Can Be PursuedThe case of Westbrook Resources Ltd v Globe Metallurgical Inc , concerned a claimant who was entitled to damages arising out of the defendant's repudiatory breach of contract. The defendant was a manufacturer and supplier of metals. The claimant was a trader in metals.Following a number of lengthy negotiations the claimant and the defendant concluded a contract in January 2005. The contract was for the sale by the claimant to the defendant of approximately 30,000MT of manganese ore. The terms of that contract included as to size 'Screened over plus 1/2" screen at DLA'. It should be noted that 'DLA' was a reference to the United States' Defence Logistic Agency, a government agency which assembled huge quantities of manganese ore in stockpiles throughout the United States as part of strategic stockpiles of raw materials that might be required for military or national defence purposes. Over time DLA elected to sell some manganese ore via a tender process. The claimant successfully bided for two stores of manganese ore at Anniston, Alabama and Large, Pennsylvania respectively.The contract was not performed. According to the claimant, the contract was terminated by the claimant in May 2005 on account of the defendant's repudiatory breach which the claimant had subsequently accepted.The breach in question was said to be the refusal of the defendant to pay for the first barge of materials the claimant had arranged under the contract. Subsequent to the claimant sending an ultimatum stating that the defendant had two options, namely to pay for the first barge or risk the claimant treating the contract at an end, both parties accepted that the contract was ended and sought to mitigate their losses.The claimant then brought proceedings seeking damages for non-performance, whilst the defendant counterclaimed for damages flowing from the claimant's repudiatory breach of contract. The court decided that on the facts, the defendant had indeed committed a repudiatory breach. They held that the claimant had accepted that breach and was therefore entitled to damages.© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.