Why Hire a Business Litigation Lawyer Houston with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Business Litigation Lawyer Houston appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Business Litigation Lawyer Houston law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
Amputations - Are There After Effects Following Amputation?Generally, contracts are those agreements signed by two or more parties including people, companies, civil organizations and even government institutions. These bonds may either consist of the contracting parties' guarantee to perform or to cease from doing a specific action for a particular cost. Normally, these are done in form of writing, either formal or informal, but in some instances, it can also be done verbally.Contracts usually contains terms such as who's, what's, where's and how's of the arrangement. These stipulations will define both parties' obligations and the manner and period in which the agreement must be done.Contract BreachPrimarily, breaches occur when one party fails to meet his part stated in the contract. These may happen due to the following circumstances: One side of the accord has given the other difficulties in meeting his obligations to the contract One party involved in the contract has exercised some dealings contrary to the objective of the agreement One party has completely refused to do his obligations stipulated in the contract Remedies for Breach of ContractRemedies that may result from contract infringements are as follows: Compensatory Damages - monetary payments provided to cover the losses Consequential and Incidental Damages - monetary reimbursements paid to cover foreseeable damages, which are possible losses if a breach would occur and are already known by both parties at the time of the agreement Legal Counsel's fees - these may only be reimbursed if stated in the contract Liquidated Damages - these damages may be recovered if a fraudulent act was done Specific Performance - an order issued by the court to carry out what is indicated in the agreement Rescission - this pertains to the cancellation of the contract, releasing both parties from continuing whatever is agreed upon. With this, any amounts given by any party in advance will be returned. Reformation - this refers to the readjustment of the agreement to give chance to the infringing party to perform his obligation in the contract Filing of Charges The Anti-Breach of Contract Laws provides guarantees the protection of both parties' rights. These provisions compel both parties in the contract to abide all the things that were stipulated in the agreement.However, it is always recommended to consult an expert business lawyer whenever an aggrieved party wishes to pursue a case in court.Anther option in resolving this issue, aside from filing a lawsuit, is engaging into a direct negotiation wherein both parties will try to settle things outside the court. Here, both of them will analyze their case and calculate the resulting damages that the infringing party should reimburse. This performance will definitely speed up the resolution of the case.
Appealing Your Conviction - How the Appellate Court WorksGenerally, contracts are those agreements signed by two or more parties including people, companies, civil organizations and even government institutions. These bonds may either consist of the contracting parties' guarantee to perform or to cease from doing a specific action for a particular cost. Normally, these are done in form of writing, either formal or informal, but in some instances, it can also be done verbally.Contracts usually contains terms such as who's, what's, where's and how's of the arrangement. These stipulations will define both parties' obligations and the manner and period in which the agreement must be done.Contract BreachPrimarily, breaches occur when one party fails to meet his part stated in the contract. These may happen due to the following circumstances: One side of the accord has given the other difficulties in meeting his obligations to the contract One party involved in the contract has exercised some dealings contrary to the objective of the agreement One party has completely refused to do his obligations stipulated in the contract Remedies for Breach of ContractRemedies that may result from contract infringements are as follows: Compensatory Damages - monetary payments provided to cover the losses Consequential and Incidental Damages - monetary reimbursements paid to cover foreseeable damages, which are possible losses if a breach would occur and are already known by both parties at the time of the agreement Legal Counsel's fees - these may only be reimbursed if stated in the contract Liquidated Damages - these damages may be recovered if a fraudulent act was done Specific Performance - an order issued by the court to carry out what is indicated in the agreement Rescission - this pertains to the cancellation of the contract, releasing both parties from continuing whatever is agreed upon. With this, any amounts given by any party in advance will be returned. Reformation - this refers to the readjustment of the agreement to give chance to the infringing party to perform his obligation in the contract Filing of Charges The Anti-Breach of Contract Laws provides guarantees the protection of both parties' rights. These provisions compel both parties in the contract to abide all the things that were stipulated in the agreement.However, it is always recommended to consult an expert business lawyer whenever an aggrieved party wishes to pursue a case in court.Anther option in resolving this issue, aside from filing a lawsuit, is engaging into a direct negotiation wherein both parties will try to settle things outside the court. Here, both of them will analyze their case and calculate the resulting damages that the infringing party should reimburse. This performance will definitely speed up the resolution of the case.
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Automobile Accident Attorneys
If you've been diagnosed with diabetes, you've probably heard many horror stories about diabetics having their limbs amputated. Unfortunately, they're probably all true. Foot problems are particularly severe among many diabetics. Fortunately, there are things you can do to help prevent amputations from being done to save your life.
Many people want to blame their doctors when it is time for an amputation. But the truth is that we are all responsible for taking care of our own selves because we are the only ones who control how we live our lives. Your doctor can do checkups on you and provide treatment plans, but he can't be your nanny. What you do is up to you.
4. Be aware that dryness can be a medical condition too, when it is at an extremity. If your foot cracks and bleeds it could become infected. If you notice the skin on your foot is dry, get medical advice on how to properly condition your skin. Remember that your sense of touch may be damaged and that you can't trust your foot to warn you about how bad it is. It is not a bad idea to soak your feet in warm water or warm saline water, under the guidance of your physician.
Employment Law: Proposed Changes To Rest and Meal Breaks
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".
Vibration White Finger
How can you flip a contract, instead of a property?
You have seen the Carlton Sheets or Ron Le Grand advertising about making a fortune in the
real estate business. And you still wonder if it is true or false.
Well, stop right here, save your money and read this 'No risk, No money, No nothing'
way to make money with no money down STEP BY STEP and FOR FREE!!!.
Let's say you find a property for sale, maybe a 'for sale by owner' or anything else.
Do your homework and know how much that property worth. Let assume the property is worth
$100,000 market value today and the owner wants to sell due to divorce, foreclosure or
whatever the reason. The transaction will be easier if the owner is motivated to sell.
He is asking $95,000 for quick sale. Make sure this property can sell
for around $100,000 easily.
This addendum needs to be signed by first seller, by first buyer(you) and by second buyer.
At closing, you name does not appear on the deed, the deed will go from first seller to second buyer. You just get your $12,000 check.
Or you did not sell within 60 days. So day 50 or 55, you do an inspection and because
you bought it 'AS IS' with your right to inspect, you will not buy the property because you will not be happy with the inspection for whatever reason. Lost of inspection fee ($150-$300)
Emotional Pain of Amputees
White collar crimes involve non-violent actions that are committed by a public official or business person that typically involve the use of deception. No weapons or violence is used in white collar crimes, so the evidence takes the form of a "paper trial," which can be followed to discover the true details of the crime.
If you have been charged with a white collar crime, it is in your best interest to contact an attorney immediately to learn more about your legal options. Lawyers who understand the complex legal process and have extensive experience handling white collar crime cases will be able to provide you with superior legal representation.
Types of White Collar Crime
A Lawyer Can Help
If you or someone you love has committed white collar crimes such as securities fraud, embezzlement, computer fraud, mail fraud, wire fraud, among others, contact a white collar criminal defense lawyer immediately. A knowledgeable and experienced lawyer will work to build a solid defense on your behalf. Contact a white collar criminal defense lawyer to learn more about the protection of your rights.
Seatbelts in Automobile Accidents
Every construction contractor and subcontractor has heard the term flow-down. A few probably feel they were washed away by flow-down. I don't think that's necessary and will suggest a better way.
Flow-down is what general contractors do in subcontracts. They incorporate into a subcontract all the terms of the prime contract - usually by stapling the prime contract to the subcontract. That saves a lot of typing. It also offers a (false) sense of security to general contractors. In theory, flow-down obligates the sub to do everything for the sub's portion of the work that the general contractor has to do under the contract.
So if the owner has a legitimate complaint about a sub's work, and if the prime contractor is obligated to make repairs, the sub has the same obligation. That's perfect symmetry and should protect general contractors. Flow-down is great for general contractors. Right?
But read the subcontract carefully before getting a signature. Add anything that applies to subcontracts only (i.e. payment terms, release of retainage) and eliminate anything that doesn't apply (i.e. notices and disclosures). Then make the changes required by state law. Many states have special rules for subcontracts.
If you want to see how this is done, there's a website with sample prime contracts and cloned flow-down subcontracts for both commercial and residential jobs. It's free.
If you write both prime contracts and subcontracts, you can makes flow-down easy. When the prime contract is done and signed, just turn that prime contract into a perfectly valid subcontract covering all the same issues - automatically deleting what doesn't apply, adding what's unique to subcontracts and accounting for any special state requirements.