Why Hire a Probate 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 Probate 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 Probate 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.
Asbestos Is Entering Australia in Cement Products From ChinaImagine the ideal business world - where every business follows every term of a contract diligently and there is no problem. However, the real world is not such an easy place. Unexpected delays, not carrying out the terms properly or not carrying out these at all are frequent. This could spell trouble for the other party involved in the contract.In such a situation, the most important thing to do is get in touch with a commercial litigation lawyer proficient in Florida laws. Any breach of contract may mean financial losses and unnecessary trouble for your business. You need a legal advisor to assess whether you have adequate grounds to claim damages for this breach. Challenging a breach at court requires it to have a 'material' purpose. Suppose the failure to timely certain tools, from a business with which you have a contract, prevent your business from manufacturing a bulk order. If your lawyer is capable to establish that you suffered losses because of this breach, there are material grounds for filing a suit.When there are adequate grounds for you to recover damages because of the breach, your lawyer is best suited to tell you which method to opt for. If the case involves less than $5,000 worth in damages, you may seek dispute resolution at a Florida small claims court. You may also choose alternative dispute resolution methods -Mediation - having a mediator review the case Arbitration - having a binding arbitrator work out a resolutionIf all these attempts fail, you need to ask your Miami commercial litigation lawyer to file a suit. Choose a qualified and experienced litigation expert for proper presentation of your case at court. If you can establish that the breach had an adverse effect on your business, you may be able to get a legal remedy.Specific Performance: this involves the court ordering the breaching party to perform the duty as the terms of the contract specify. This is, however, available if the subject matter of the contract is rare or unique. Damages: the objective is to compensate for the damages the non-breaching party suffers or to punish the breaching party. The different types are as follows:Compensatory damages - the monetary loss for the breach, or its consequential action Liquidated damages - as specified as a term in the contract Punitive damages - to punish the breaching partyCancellation and Restitution: your commercial litigation lawyer may ask for cancellation of the contract, where all parties get relief from all obligations and later sue for restitution, i.e. the breaching party needs to pay for the work or do it themselves.
Vibration White Finger
In Pennsylvania car insurance laws stipulate that all drivers have to buy and keep car insurance.
Pennsylvania requires you to carry 15/30. You are not required to buy insurance to coverage property damage.
Liability coverage is obligatory as it is in most states throughout the U. S. This means if you are required to buy liability coverage. Liability coverage provides protection to the at fault driver in an accident as well as anyone injured in the accident.
You might be wondering how much coverage you actually need. Pennsylvania laws states that the minimum amount for liability coverage is $15, 000. 00 for each person involved in the accident or $30, 000. 00 total if more than one person is injured. If you can afford to increase that amount, you should do it. That way, your personal assets will be safe. If a person is seriously injured and the cost exceeds your coverage, that person has the choice of suing you for the additional cost.
For individuals who choose full coverage, your premiums will about 12% to 20% higher. However, having this coverage gives you the right to sue for any injury or damages as a result of the accident.
For those individuals who choose to carry the minimum amount of coverage, can only collect if the injuries sustained are considered serious by law. If you suffer sprains, strains, whiplash or things of that nature, you will not be compensated for your injuries.
Need advice: Probate Lawyer San Antonio ?
South Carolina Criminal Appeals
If you are serious about an idea and want to see it turned into a fully fledged invention, it is essential to obtain some form of patent protection, at least to the 'patent pending' status. Without that, it is unwise to advertise or promote the idea, as it is easily stolen. More than that, businesses you approach will not take you seriously - as without the patent pending status your idea is just that - an idea.
1. When does an idea become an invention?
Whenever an idea becomes patentable it is referred to as an invention. In practice, this is not always clear-cut and may require external advice.
2. Do I have to discuss my invention idea with anyone ?
Yes, you do. Here are a few reasons why: first, in order to find out whether your idea is patentable or not, whether there is a similar invention anywhere in the world, whether there is sufficient commercial potential in order to warrant the cost of patenting, finally, in order to prepare the patents themselves.
3. How can I safely discuss my ideas without the risk of losing them ?
This is a point where many would-be inventors stop short following up their idea, as it seems terribly complicated and full of dangers, not counting the cost and trouble. There are two ways out: (i) by directly approaching a reputable patent attorney who, by the nature of his office, will keep your invention confidential. However, this is an expensive option. (ii) by approaching professionals dealing with invention promotion. While most reputable promotion companies/ persons will keep your confidence, it is best to insist on a Confidentiality Agreement, a legally binding document, in which the person solemnly promises to keep your confidence in matters relating to your invention which were not known beforehand. This is a reasonably secure and cheap way out and, for financial reasons, it is the only way open to the majority of new inventors.
4. About the Confidentiality Agreement
The Confidentiality Agreement (or Non-Disclosure Agreement) is a legally binding agreement between two parties, where one party is the inventor or a delegate of the inventor, while the other party is a person or entity (such as a business) to whom the confidential information is imparted. Clearly, this form of agreement has only limited use, as it is not suitable for advertising or publicizing the invention, nor is it designed for that purpose. One other point to realize is that the Confidentiality Agreement has no standard form or content, it is often drafted by the parties in question or acquired from other resources, such as the Internet. In a case of a dispute, the courts will honor such an agreement in most countries, provided they find that the wording and content of the agreement is legally acceptable.
(iv) There are considerable savings, as the Provisional Patent Application costs 10 to 12 times less than other forms of patenting.
When contemplating this form of patenting, it is advisable to turn to agencies experienced in this type of procedure (for instance http://www.newinvent.com)
8. About the Final Patent ('Utility Patent')
This is the final unchangeable form of your invention. Most usually, it will have a formal structure involving such things as background literature, disclosure of invention, claims, embodiments, practical examples for use, detailed figures and drawings, etc. It will protect your invention for 20 years from the date of filing and you will get a formal Patent Document once it has been fully examined and accepted. Usually, it takes from 12 to 18 months to obtain a final patent after application. It is approximately 10 to 12 times as expensive to prepare as a provisional patent and has to be taken out for each country separately, which makes it a very expensive process, as lodgment fees must be paid in each case. It becomes especially expensive if protection is sought. In more then one country. Therefore, a final patent should only be taken out where it is highly warranted, e.g.: when someone wants to develop your invention and would like to buy the patent rights.
9. Following the Patent Procedure
After a patent protection was obtained, whether in the form of a Utility Patent or a Provisional Patent Application, it is advisable to advertise it as widely as possible in order to make it stand out from the large body of currently valid patented inventions (some 50 million at present). The web site "Patent Showcase" as well as other agencies specialize in this and will be able to advise once this matter comes up.
Author: Dr. Stephen G. Szirmai
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".
Florida Auto Insurance Laws - FL Car Insurance Laws That You Need to Know
In this article we're going to discuss how to get a general patent as there are actually different kinds of patents that can be obtained.
If you're an inventor and think you've come up with some gadget that is going to be in everybody's home in the next few years then you might want to think about securing a patent for this amazing invention otherwise you might find that it is stolen right from under your nose.
It is very common to confuse patents with copyrights and trademarks. A patent basically grants the inventor trademark rights for his invention. The words of the actual patent grant are as follows: "the inventor is given the right to exclude others from making, using, offering for sale, or selling the invention in the issuing country or importing the invention into that country." In other words, the inventor has complete control over his invention.
In order to make sure your invention is indeed original you will have to research all current patents. You can do this either online or at the Trademark Depository Library.
Also remember that applying for a patent is a business decision. Even if the item is original you still want to make sure there is a market for it before you go through the whole process only to find out that nobody has any interest in what you've invented.
What Are the Causes of Construction Accidents?
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.
Common Causes of Deafness and How You May Be Able to Prevent It
Like the definite article, the indefinite article has four forms when it is used in Spanish. The indefinite article has a singular and plural masculine form (un and unos), as well as a singular and plural feminine form (una and unas). The indefinite article is also similar to the definite article in that it agrees in number and gender with the noun that it is modifying. The indefinite article, while similar to the definite article in certain ways, is very different in its purpose, as we will see.
In order to gain a better understanding of the indefinite article, it is important to consider when and how it is used. It is almost always used when someone wants to say a or an. For example, if you wanted to say a car, you would say un carro. Notice that carro is masculine, and thus, the masculine form, un, is used to indicate "A" car. The indefinite article is also used when modifying a noun of nationality, profession, or religion. An example of this usage would be saying Dr. Rodrigo is an ugly doctor, or El doctor Rodrigo es un médico feo. Lastly, it is used in the plural form when one is talking about an uncertain or indefinite quantity of something. For example, you would use it when saying I have some photos, or Tengo unas fotos.
There are many times when the indefinite article may seem appropriate, but it is best to leave it out of the sentence structure. When using cien or mil, you should not use the indefinite form. For example, cien dólares, or 100 dollars. It is also not used when using the words cierto and tal, or certain and such. Examples of this form would be cierto hombre, or a certain man. Often times, learners of Spanish as a second language often place indefinite articles in front of the word otro or otra. However, that is incorrect, as those are two more examples of when it should not be used. Another interesting time when it is not used is when there is an unmodified noun of nationality or profession. While we used the indefinite article when describing Dr. Rodrigo as the ugly doctor, we do not use it if we were to say Mi hermano es abogado, or My brother is a lawyer. Finally, it is not used when asking a question in a negation like manner when using the verb tener, or to have. For example, if you were to ask "You don't have a dollar?" or "No tienes dólar?, you would not use the indefinite article.
Lastly, there is a case when neither the definite nor indefinite article would work in a sentence. In those cases, it is essential to instead use the neuter article, which is lo. The neuter article lo is often used with the masculine singular form of an adjective, which is being used as a noun. For example, to say something is interesting, you would say "lo interesante." Another case when lo is used is when there is an adjective or adverb and the word que, which would take the meaning how. For example, if you wanted to say I know how difficult it is, you would say, Sé lo difícil que es. With that being said, you have now learned when you should use the indefinite article, and when you shouldn't. You've also learned about the uses of the neuter article, lo. Please make sure you read my lesson on definite articles as well.