Legal Malpractice Lawyer San Antonio

Why Hire a Legal Malpractice 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 Legal Malpractice 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.

Personal Claims

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 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.

Personal Claims

Child Custody - Who Should Have Custody of Your Kids?

A common myth about contract disputes is that all contracts have to be in writing and signed. Unwritten contracts are commonly referred to as "oral contracts" or "oral agreements." Oral agreements are quite common and usually fairly innocuous. For instance, if you go to a Tex-Mex restaurant, order a delicious dinner of enchiladas gorda off the menu, and you accept the food from the waiter, then you have a binding oral contract.

In my practice, I often handle litigation that involves both written and oral contract disputes. They are usually quite serious and range from disagreements over construction projects to employment termination to partnership dissolutions. These problems frequently arise because different individuals perceive things differently. For instance, suppose two people are looking at the clouds. One person might see the letter "S" and another might see a snake. Other times, one party was simply trying to take advantage of the other's good or trusting nature. Below are three of the most common lawsuit claims that arise from oral contracts:

Oral Contract Dispute #1: Quantum Meruit

[1] For instance, the Texas Statute of Frauds is in the Texas Business & Commerce Code, Chapter 26. It states that certain types of contracts must be in writing and signed. This applies to certain promises by executors or administrators, the debts of others, marital agreements, real estate sales, real estate leases of over a year, agreements which are not to be performed with one year of the agreement, certain commissions and sales, and certain types of physician or health care provider agreements.

To learn more about contract disputes, see http://www.rainminnslaw.com/contract_dispute.html

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How Declaring Everything You Know About Your Property Protects You

Contingencies are commonly included in most real estate purchase agreements or contracts. They are written clauses that give protection to both the buyer and the seller of a home as well as give them time to assess important aspects of the home before proceeding to the closing. These are normally included in an effort to allow potential buyers and sellers to back out from the deal without facing legal issues in the event the contingencies are not met by either of the parties involved in the transaction.

The common contingencies are usually seen in pre-printed contract forms used by real estate agents. Below are some of them for your guidance.

A home inspection is normally asked by home buyers to ensure that the property they are buying is free from material defects. If in case some defects are discovered during the purchase period, they can ask for an immediate repair from the buyer or they can just back out of the deal. The contingency clauses can specify which party will shoulder the repairs and to what extend. Other options can be included for homes that require repair. A professional home inspection report specifies the date of the inspection and the status of the residential property concerned.

A contingency on deeds is applicable as well. The purchase offer can state what type of deed the buyer expects from the seller during closing. This should be accompanied by a statement from the seller ensuring that the real estate property will be free from liens and other issues that cropped up with the past owners.

So in essence, these contingencies are with a purpose thus, it is vital that they be stated in the contract in the most specific way as possible.

Need  advice:  Legal Malpractice Lawyer San Antonio ?

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The majority of "white collar" crimes are committed by salaried professionals using deception, as opposed to violence or force, to perpetrate theft or fraud. These crimes can be either misdemeanor or felony infractions of the law, and these types of crimes can be prosecuted in state court, federal court, or both.

There are many types of these offenses and most involved theft by deception or fraud. Such crimes include offenses such as:

o Bank Fraud
o Bribery
o Credit Card Fraud
o Forgery
o Embezzlement
o Tax Evasion

Individuals convicted of committing a white collar crime can face punishments such as fines, restitution, forfeiture, or imprisonment. Additionally, individuals accused or convicted of a white collar crime may be subject to additional consequences such as loss of employment and loss of pension. Situations such as these can threaten the financial stability and future of both the accused and their family.

In many cases, individuals under investigation for these crimes are aware that they are under investigation. Suspected individuals may be the focus of internal investigations or private investigations. White collar crimes do not represent an immediate threat to society; therefore, white collar crimes are often investigated by federal authorities for a year or more before charges are filed against an individual suspected of committing these types of crimes. Individuals who believe they are under investigation for a white collar crime should contact an attorney for assistance.

If you are currently under investigation, have been contacted by law enforcement for questioning, or have received a subpoena for records or testimony, you should contact a lawyer immediately. Individuals should never agree to speak with law enforcement officials in regard to white collar crime investigations until they have discussed the matter with their attorney. You want to be sure that information provided to law enforcement officers cannot not be used against you in court. For that reason, it is imperative to consult an attorney as soon as you learn you are under investigation.

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Automobile Accident Attorneys

The world of corporate bankruptcy law can be complex and intimidating. Don't let confusion get in the way of making the best decisions for your company: read on to get answers to the most commonly asked corporate bankruptcy questions.

Q. What is bankruptcy?
A. When a business has financial liabilities that exceed their assets or is unable to meet financial obligations, that company is insolvent-unable to pay their creditors, the company must come to an agreement with their creditors regarding payment or file for bankruptcy protection. This judicial solution gives the courts the power to settle the company's debts. Bankruptcy proceedings can be initiated by the debtor or by the creditor (called an involuntary bankruptcy). Filing a bankruptcy petition affects all of your creditors including:

  • Secured creditors (those with a lien on your property)
  • Unsecured creditors (vendors, credit card companies and others without a security interest in your property
  • Judgment creditors (creditors who have sued and obtained a judgment against the debtor prior to the bankruptcy filing)
  • Creditors with super priority claims (those with priority over other creditors because of special rules within the bankruptcy)
  • Creditors with administrative claims (creditors such as accountants or lawyers with priority because of their assistance in the bankruptcy filing)
Q. What does filing for bankruptcy mean for my business?
A. Filing a bankruptcy petition simply starts a legal proceeding, with no guarantees regarding the outcome. That is to say, the debtor will present evidence of its insolvency, but there is no guarantee that the court will declare them bankrupt. This statutory process gives creditors and other parties the opportunity to challenge the debtor's allegations and object to the relief being sought by the debtor.

While it may be surprising that creditors are willing to participate in business workouts, they're more likely to receive greater compensation for their debts if your company does not file for bankruptcy. Using an alternative to corporate bankruptcy proceedings benefits creditors as well as the debtor, because some, or even most, of the debt will not be repaid under a bankruptcy proceeding. Secured debt, unsecured debt, and tax debts can all be resolved as a part of a workout. For additional information about business bankruptcies and your company, contact your area bankruptcy lawyers.

Personal Injury Damages

Who Should Incorporate Out of State?

The question of what is a repetitive strain injury (RSI) is one that many people may not even know to ask. An RSI is not something that happens instantly like a cut or broken bone. RSI's happen over time, and you may not even realize you are being injured until it's too late.

Repetitive Strain Injuries is the blanket term given to any injury that is caused by a repetitive motion that is performed over a period of time. These injuries usually occur in or around the joints of a person's body. The pain from the injury will usually begin to show itself as inflammation of the joint that is performing the motion.

The medical definition of Repetitive Strain Injury is an injury of the musculoskeletal and nervous systems that may be caused by repetitive tasks, forceful exertions, vibrations, mechanical compression (pressing against hard surfaces), or sustained or awkward positions.

Pain medications can be used to eliminate the pain. The problem with this approach, however, is that the pain will hide the RSI symptoms leading the patient to return too early to activities that caused the injury.

Other treatments are actually preventative measures that should have been taken before the injury occurred, but will also help treating the injury once the person returns to the activity that was the initial cause. These include ergonomic considerations and exercise.

Sometimes learning to deal with the pain is the best treatment. If the injury causes such a disruption in a person's life that it's worse that the injury itself then learning to cope with the pain might be the best answer. This way the patient can resume their day-to-day activities providing they understand how to avoid making the injury worse.

Car Accident Compensation

White Collar Defendants Need a Federal Prison Consultant

Definition of "Contract"A contract is defined as an agreement between two parties that creates a legal obligation for both parties to perform a specified act. In a contract, each party is bound by law to perform the requested duties or to render a monetary payment. Something of value must be exchanged between the two parties in order to make their promises enforceable.A "breach of contract" occurs if either party fails to perform their specified duties. The other non-breaching party may be entitled to legal or equitable relief, especially if they have already performed on their end of the bargain.Written and Oral ContractsCourts almost always prefer that contracts be written down rather than made through an oral (spoken) agreement. Both of oral and written contracts are enforceable and states have specific laws dealing with the situation where both are used for the same contract.Having a written instrument helps to avoid or clarify disputes should a breach of contract occur. Written contracts are also preferred if there is no previous history of dealings between the parties, so they can keep written records as their business relationship builds.Ways in which a Contract may be BreachedAny failure to fulfill the duties according to the terms provided in the contract results in a breach of contract. Sometimes the breach is a result of directly failing to perform a specified duty, while at other times the breach can result from surrounding factors. Some of the different ways in which a breach of contract may occur are: "Non-Performance": This means a general failure to perform a duty. Not all failures to perform result in a breach of contract. In some instances performance is not required until the time specified in the contract. Until the time for performance arrives, performance is not due (for example, payment upon delivery means that you do not have to perform your payment duties until the shipment is delivered) Impossibility: A breach may be found if one of the parties takes an action which makes it impossible for the other party to render their performance. Usually measured by an objective standard (i.e., no one could perform the duty) Breach of an Implied Duty: Here the breach is not linked to a duty that is mentioned specifically in the contract. Sometimes courts will look at a contract and conclude that the performance implied other duties which are not written or stated. Examples of implied duties that may be breached are such a general duty of care or a duty to act in good faith. Anticipatory Breach: A court can conclude a breach of contract if one of the parties expressly states that they will not perform, or if they act in such a way that is inconsistent with forthcoming performance. This entitles the other party to relief even though a breach technically did not yet occur Total vs. Partial Breach: Breaches of a contract may either be total or partial. A total breach means that the breach has been so "material" (substantial) as to allow the other party to receive the entire benefit of the contract. Whether the breach is material is subject to the analysis of the court. A total breach will have different results in recovery options as opposed to a partial breach. Remedies available for Breach of ContractThere are several remedies available in the event that a contract is breached. These may be reduced or subject to modification if the injured party has also committed a breach. Compensatory Damages: These are monetary damages that are intended to compensate the injured party for the amount that they expected to received from the contract Consequential Damages: Intended to reimburse the injured party for damages that are indirectly caused by the breach Liquidation Damages: These are damages for amounts that are specifically agreed to and written into the contract Punitive Damages: Damages that are intended to punish the breaching party and deter them from future breaches. Rarely awarded in contract cases unless they involve a tort situation Nominal Damages: Damages that are awarded when the injured party did not actually incur a loss. Also rare because most breaches of contract typically cause some sort of loss to the other party Specific Performance: Not an award of money damages, but rather is an equitable remedy designed to compel the breaching party to perform their contract duties. Other equitable remedies (i.e., not involving money damages) are: Contract rescission: The old contract is canceled out and a new one may be formed Contract reformation: The court allows the parties to rewrite the contract Finally, please be aware that filing a breach of contract case in court requires that you follow the rules regarding the statute of limitations. The statute of limitations refers to the time period during which a case may be filed, which may be a number of years depending on the state. If the statute of limitations expires, you will no longer be able to file a case.Points to ConsiderIf you are involved in a breach of contract claim, whether you are the breaching or the non-breaching party, you should consider the following points: Written contracts are much more preferred than oral contracts because they provide a point of reference between the parties Each party should fulfill their duty according to the terms of the contract. The court can also imply duties in a contract A contract can be breached in several ways. Sometimes relief can be available even if breach technically did not occur Be familiar with the types of remedies available for breach of contract- some involve monetary payment while others involve equitable relief Be conscious of the statute of limitations and any other deadlines when filing Contact a lawyer who will help you in preparing and analyzing contract terms

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Becoming a Child Custody Lawyer

Lung parenchyma has no power of regeneration. Hence, destructive lesions lead on to fibrosis. Fibrosis of the lung parenchyma may take three forms-replacement fibrosis focal fibrosis, and interstitial fibrosis.

Replacement fibrosis
In this form fibrous tissue is laid down over areas of lung destruction. The fibrosis is often localized and its extent depends on the extent of parenchymal destruction. Common causes include advanced pulmonary tuberculosis, bronchiectasis, lung abscess, pulmonary infarcts, pneumonias, atelectasis, fungal infections, pleural diseases such as chronic pleural effusion and empyema, response to foreign materials such as lipoid pneumonia, and irradiation of the lung.

Foal fibrosis
This is seen in pneumoconiosis such as silicosis. The extent of fibrosis may vary from small nodular lesions to extensive areas (progressive massive fibrosis).

Interstitial fibrosis
This is the end result of interstitial lung disease. Interstitial fibrosis may result from chronic pulmonary edema (occurring in mitral stenosis), allergic alveolitis, connective tissue disorders such as progressive systemic sclerosis and rheumatoid disease, cryptogenic fibrosing alveolitis, radiation injury to the lung, sarcoidosis, asbestosis, and idiopathic pulmonary hemosiderosis. In this form, interstitial fibrosis and emphysematous changes coexist.

Causes and prognosis
Replacement fibrosis does not usually progress further. The course of the disease and longieivity depend on the extent of the lesion, occurrence of secondary infections and the development of cor pulmonale. In general, with reasonable care, localized fibrosis is compatible with prolonged survival. Diffuse interstitial fibrosis is progressive in most cases and life is considerable shortened. Death is due to respiratory failure or cardiac failure.

Management
General measures include the avoidance of smoking, treatment of intercurrent infections, reduction of weight and respiratory exercises. Specific treatment for the underlying cause should be given, if there are signs of activity of the disease. Diffuse interstitial fibrosis may respond to corticosteroids or immunosuppressant drugs. But the results are not encouraging. Cardiac complications are treated suitably.


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Legal Malpractice Lawyer San Antonio