Why Hire a Child Custody Lawyer San Antonio 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 Child Custody Lawyer San Antonio 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 Child Custody Lawyer San Antonio 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.
Appealing a Criminal Conviction
It has to be one of the deadliest substances man has used in building materials and people subjected to asbestos fibers die a horrible, prolonged, and miserable death. Because of a campaign by one who had a terminal disease called Mesothelioma and was dying from it the Australian government banned its use. The company mainly responsible for mining and distributing it were sued and have paid out millions of dollars in compensation.
That company did not shut down, however, but has moved offshore where it continues to produce asbestos products. It appears that not many nations have followed Australia's lead in this matter. Surprisingly Canada and other first world countries mine and sell the mineral although it is now banned in building products in most of them.
The problem is there are millions of shipping containers and not the degree of control to examine them all. It will take legal action against builders and importers to stop the trade and the government has to act to impose heavy fines and a call has gone out for them to serve jail times.
Whether an Arizona employee leaves the employ of his employer voluntarily or not, Arizona law requires that a discharged employee be paid all wages due to him or her within a very clearly defined period of time. Arizona employers that fail to comply with the governing statutes face serious penalties, including the possibility of having to pay a discharged employee treble damages and attorneys' fees.
Arizona Revised Statute Section 23-353(A) applies to situations where an employee is terminated or fired by his or her employer. In such cases, the statute requires that wages be paid within three regular working days or by the end of the next regular pay period, whichever is sooner. For example, if an employee is terminated on a Monday and the next regular payday is the following Monday, the employer cannot pay the employee in the regular course, but must pay all wages owed by Thursday at the latest.
In addition, because the employment relationship is contractual in nature an employee who does bring such a suit may also recover attorneys' fees incurred in pursuing such an action pursuant to Arizona Revised Statute Section 12-341.01.
If you have not been paid wages owed to you in a timely manner, or if you are an employer who has been accused of failing to comply with one or more of these statutes, you should consult with an experienced employment attorney as soon as possible. The failure to make an appropriate claim or defense in a timely manner can be fatal to your case.
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Quick Reference Guide For Breach Of ContractQUICK LESSON IN BREACH OF CONTRACTThis quick summary is being sent as a memorandum to help other attorneys in understanding what a breach of contract is. Please continue to contact us with your questions or issues. This analysis is what we use in our offices when we approach any breach of contract case. The elements for breach of contract are strictly construed. It is imperative that you do not skirt around the elements when analyzing your client's case.ELEMENTS OF A BREACH OF CONTRACT1) INITIAL INFORMATIONIn a breach of contract action, the plaintiff must plead the existence of a contract and its terms that establish the obligation at issue. The complaint must indicate on its face whether the contract is written, oral, or implied by conduct. If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint, or a copy of the written contract must be attached to the complaint and incorporated by reference. 2) PLAINTIFF'S PERFORMANCE OR EXCUSE FOR NON-PERFORMANCEThe plaintiff must prove that he has fulfilled his obligations and complied with any and all conditions and agreements of the contract that he is required to perform. If plaintiff was unable to perform because defendant prevented him from doing so, plaintiff must allege such excuse for non-performance in the complaint.3) DEFENDANT'S BREACHA breach is defined as defendant's unjustified or unexcused failure to perform. BAJI 10.85(3). The plaintiff must plead the facts constituting the breach in unequivocal language.4) RESULTING DAMAGEAny breach, total or partial, which causes a measurable injury, gives the injured party a right to compensatory damages.SO WHAT HAPPENS WHEN YOU CAN PROVE THE ABOVE ELEMENT AND IT CAN BE CONCLUDED THAT THERE IS A BREACH OF CONTRACT?Answer:Generally, Compensatory Damages - the measure of damages for breach of contract is the amount which will compensate plaintiff for all detriment proximately caused by the breach or which, in the ordinary course of things, would be likely to result from the breach.Other factors that need to be considered are:o Certainty - damages must be clearly ascertainable in both nature and origin; but the fact that amount of damage is not susceptible of exact proof or is uncertain, contingent, or difficult to ascertain does not in and of itself bar recovery.o Restoration - damages for breach of contract ordinarily include all amounts necessary to place plaintiff in same position as if breach had not occurred.o Lost Profits - Note future profits can be recovered to extent they can be estimated with reasonable certainty; lost profits are recoverable to extent they are natural and the direct consequence of the breach. o Rescission and Restitution - rescission and restitution are alternative remedies in action for damages where there has been repudiation or material breach of a contract, transfer of unique goods is involved, other remedies are inadequate, subject of contract still exists and interests of innocent purchasers for value and defendant's creditors will not be unjustly affected.o Specific Performance - Note: specific performance is granted only when money damages are inadequate.o Real Property - specific performance is given in land sale contracts on the assumption that every piece of property is unique and money damages are therefore inadequate.o Injunction (Very Limited Availability) - injunctive relief is largely within discretion of the trial court, considering inadequacy of damages to plaintiff, as well as harm to defendant.**************************Paul P. Cheng, Esq.
Amputation - Why It's Necessary and How it Works
A probate attorney is a qualified individual in the field of law and particularly deals with cases that involve succession. This is mostly a will that has been written by the deceased party. They are either known as transactional lawyers or probate litigators. The lawyer in this case ought to have specialized with cases that deal with inheritance, estate succession, legal rights, and declaration of the will. There are many cases in court that deal with this matter since various parties may not reach an agreement on how to divide the deceased estate. When someone lands in a dispute, they may consult a probate lawyer who may have to resolve the conflict between the two disputing parties. A good lawyer should have been successful in previous court cases.
One of the duties of the probate lawyer is to ensure that the will is produced in court and followed to the later as per the requirements of the deceased. If there is no will, they appear before a court to defend the deceased estate and ensure that the right party settles with the deceased estate. Most of the time, many people die without writing wills and this means that there has to be a lawyer present to assists in the division of the inheritance. Even though most of the cases do end up in court battles, most of the probate lawyers have the ability to settle the matter out of court when both parties reach an agreement.
Another duty of the probate lawyer is assisting their client to write a will. When someone has a huge estate or wants to divide their property, the lawyer assists them to draft it as per their wishes. They only give legal advice and write down what the owner of the will wants. There must be witnesses present to ensure all that is said has been drafted in the will. In case there is a court dispute with the will, the lawyer has the chance to represent the deceased in court.
When someone wants to write a will, it is advised they choose a probate lawyer that they trust and their cases are heard in the local courts. The client is advised to choose a lawyer who knows them well and this makes it easier for them to present the case before the court. The probate lawyer has the full rights to store a copy of the will and that means whenever the owner needs to change it, the lawyer has to be consulted and make the necessary changes. When the owner of the will dies, it is the duty of the probate lawyer to read the will before the family and named individuals. They are entrusted the full responsibility to ensure that all that has been written is fulfilled and if there are disputes regarding the matter, they take the chance to make the proper arrangements before the court of law for the court hearings to commence.
Industrial Deafness Hearing Loss Compensation!
Insurance companies make money by collecting more premiums from their policyholders than the companies pay out in claims. Clearly, insurance companies benefit greatly by delaying payment to policyholders or denying payments altogether. Even though insurance companies are regulated, consumers must often retain legal counsel to enforce their contract rights under a policy issued by an insurance company.
Life insurance is a contract between the policyholder and the insurance company that guarantees the payment of a stated amount on money on the death of the insured. Life insurance is offered in various forms including, but not limited to, term insurance, industrial life insurance, whole life insurance, and annuities.
Insurance companies claim that applicants make material misrepresentations and omissions most often in reference to the following information on the application: age, income, whether or not the applicant uses tobacco, alcohol use/history, hobbies, and health history.
Understanding the Close Corporation
Regrettably, most of us will experience a road traffic accident at some time in our lives. If you are involved a road traffic accident, even if you are fortunate enough to not be injured, there is valuable advice you should follow including things that you should and shouldn't do.
If you, a friend or a loved one is unfortunate enough to suffer a personal injury from a road traffic accident, you should consult a personal injury solicitor
If involved in a road traffic accident resulting in injury, or sizeable damage to your vehicle, don't move from the scene of the accident until the police arrive and advise that you're OK to leave. If you're in any way unsure about the 'quantum' or amount of financial damage caused by an accident; take care of your actions as these can impact on any claim you make and affect any testimony you may have to make in court.
Seek Medical Help
Has someone been injured in the road traffic accident? Are you or anyone at the scene trained first aid? Then get them, or yourself to the injured immediately. Ensure that injured person isn't moved. Instruct the nearest person to contact the police and report the accident. Giving details of who is injured, how many persons are involved so that suitable emergency help is dispatched. Do what you can to warn and divert oncoming traffic away from the accident using hazard lights and any warning triangles available.
Typically, shock and adrenaline caused by any accident can hide the true symptoms of your accident.
Be sure to give the medical practitioner as much information as possible about how you're feeling as a result of the road traffic accident including:
i) loss of memory ii) headaches iii) blood or fluid in your ear iv) dizziness v) ringing in the ears vi) disorientation vii)nausea viii) confusion or other unusual physical or mental feelings
To prevent the onset of a concussion or other head and brain injuries do not avoid speaking to a medical practitioner or a doctor.
Working With Estate and Wills Lawyers - What You Need To Know
Family feuds can be dangerous as far as dividing or sharing and managing property and money left by a deceased person is concerned. A will can however make all the difference for those you leave behind when you are gone because you guide them on how to handle everything that you have left behind. Writing a will is therefore very important but you also need to ensure that your will is valid and reasonable. A will lawyer can help you with the process and to guide you as well on your options in decision making, advice on the will and double checking to see that the will interprets your instructions correctly.
You need to consider hiring a will lawyer if you face inheritance tax payments and you have a complicated family position that could result into fights after you leave such as previous marriages and children. If you have overseas assets and run businesses that you expect to be part of your estate you should also consider having the intervention of a good lawyer to handle the process with you. He will make sure your estate is handled as per your interests and will also offer sane options and advice to help you sought out tricky situations. Here are some of the other reasons why a lawyer is of great help with your will.
4. The lawyer will handle the complicated areas for you especially as far as the laws of inheritance are concerned which can be very complicated. The lawyers are familiar with state laws and will help you make the right choice even with trusts and inheritance tax.
5. When you use the services, you can be sure that your will is kept safely until it is time to unleash it. This means that you are not likely to be pressured to making changes to the will without the knowledge and involvement of your lawyer and the will remains at no risk of getting lost, misplaced or destroyed. Most keep the wills in fireproof safes free of charge for you.