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The Various Types of Law

Commercial Litigation: What Kinds of Cases Are Handled This Way?

Posted by on 1:52 pm in Uncategorized | Comments Off on Commercial Litigation: What Kinds of Cases Are Handled This Way?

In many civil cases, the lawsuit is between the defendant and the prosecution on an individual basis. But for companies, a commercial litigation suit would need to take place. This means that the company as a whole is represented by an attorney when dealing with various suits in order to collect money or a settlement. Here are some examples of when a commercial litigation suit would occur and why specialized lawyers would be needed. Contract Disputes A contract is a legally binding document, and in some instances the opposing party may have breached a business contract, so a suit may need to be filed. Cases like this can include times when the signor of a contract breaks some of the clauses listed or refuses to pay for services received as clearly listed in the contract. The commercial litigation suit would involve a case filed to legally force the other party to abide by the contract terms.  Lease Disputes A commercial lease dispute can involve a suit to recoup monies owed for rent or repairs. If a tenant who rents a business space leaves before the lease is up, the property owner may sue them for the remaining rent due. A commercial litigation can also be necessary if a commercial tenant has caused significant damage to an office space or has caused the landlord to pay an exorbitant amount of repair costs due to negligence.  Business Dissolution If a company ends up going bankrupt or failing, they may need the help of a commercial litigation attorney to iron out the details. Sometimes a business partner may take more of the profits than they should have, or they have not held up their end of the bargain, which could contribute to the company failing. Lawyers are also needed to ensure that assets are split between the proper parties when a company goes out of business. There may not always be a lawsuit in these instances; sometimes a lawyer is needed just to assist with completing the final business paperwork to submit to the courts. Debt Collection Commercial litigation suits regarding debt collection can be between a company and a customer or the company’s vendors. If an invoice is submitted and not paid on time, a collection lawyer may be needed to recover the money owed. If debts cannot be recovered via traditional collection methods, a lawsuit may need to be filed. Any time there is a monetary or contractual dispute between a company and another party, a professional commercial litigation attorney can assist with the case to make sure that all legal channels are followed correctly. To learn more about how an attorney can help you with commercial litigation, speak with a representative from a firm...

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2 Unique Ways To Come Up With The Money For An Attorney

Posted by on 9:32 am in Uncategorized | Comments Off on 2 Unique Ways To Come Up With The Money For An Attorney

If you are like a lot of people facing the need for an attorney, you might start to worry about the cost of it all. While this is understandable, you do not want to worry yourself to the point where you start to believe that you will simply have to represent yourself. All you need to do is to take the time to review the following tips for unique ways to find money so you can get your legal situation taken care of. To help you with this, take a few moments to review the following suggestions.  Start A Donation Page Some people might think that this is only an option for people who have a lot of experience with programming and such, but that is no longer the case. You do not have to start your own website to receive help from other people. You simply have to make use of one of the existing websites out there that will help you create a page for your own personal story. You will describe your situation and decide how much money you need. You will be given a link to use that you can post on your social media page and that you can email to your friends and family. Your donations are tracked on the page so everyone can see just how close you are to reaching your goal. Sell Your Old Jewelry It is not just about selling your old gold jewelry as much as it is about making sure that you are selling it in a manner that will bring you the most money. The first thing that you want to do is to gather up all of your old gold jewelry that you no longer want. They could be in excellent shape, have seen better days, or completely broken. The gold can be any karat as well, because each will have its own value but it is all worth something. Watch online for news that the value of gold is on the rise. Try to give it a couple of days to see if it will get any higher. When you feel the moment is right, you will want to take all of your gold to a local shop that buys gold for cash. They pay according to the karat type, the weight in gold, and the current market value. This will surely get you more money than trying to sell a dinged up bracelet to a friend who will only pay one price regardless of how high the value of gold is today. With those two tips in mind, you should have no problem making sure that you are getting the money you need so you can finally retain an attorney (such as one from Rute...

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4 Reasons A Landlord May Need An Attorney

Posted by on 11:59 am in Uncategorized | Comments Off on 4 Reasons A Landlord May Need An Attorney

Renting your property to another individual offers a number of benefits. You will be able to collect a rental check, and this will increase your monthly income. However, there are drawbacks when it comes to being a landlord and some of these may potentially result in a legal dispute. By knowing the specific reasons you may need to rely on the expertise of a lawyer, this may be helpful in avoiding these situations. Reason #1: Injuries It’s in your best interest to ensure the rental property is in good condition before renting it out to your tenant. You should do a thorough inspection of the inside and outside of the home or apartment you’re renting. This will allow you to find any damages that need to be fixed that may contribute to an injury, such as worn out flooring that has holes in it. Reason #2: Eviction It’s important for your tenant to abide by the requirements you outlined in the rental contract. If this isn’t the case, you will have the legal right to evict this individual. Listed below are some of the most common reasons for eviction: 1. Failure to pay rent on time each month. 2. Causing damage to the rental property. 3. Not obeying the law, such as selling drugs or engaging in other illegal activity. 4. Having a pet in the rental unit if you stated in the rental contract that no pets were allowed. Reason #3: Discrimination It’s the legal responsibility of the landlord to offer the rental unit to any individual that can afford to pay the rent. If the owner of the property refuses to do so because of race, color or religion this is considered to be discrimination and could result in a legal action being taken against the landlord. Reason #4: Failure to maintain the property Any issues that result on the property that requires repairing must be done by the landlord within a reasonable amount of time. Failure to do so could result in the tenant filing a lawsuit against the property owner in a court of law. It’s ideal for any landlord to be aware of what could happen when renting the property out to other people. This may prevent these instances from occurring at all. However, if you’re faced with any type of legal action filed against you, be sure to consult with a real estate attorney to assist you. To learn more, contact an attorney like Colin W. Robinson...

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Proving You Did Not Commit A Murder

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If you have been convicted of a murder that you did not commit, you will most likely want to fight the allegations in an attempt to remain on the outside of prison bars. There are several steps you will need to take in proving your innocence. Here are some tips to use when you are being blamed for committing a murder.  Retain A Lawyer It is extremely important that you have someone to represent you as you go through the court proceedings ahead of you. A lawyer dealing with homicide will know what questions the opposing lawyer will be asking in court and they will be able to help you prepare for scrutiny. They have access to prior cases, perhaps finding one similar to your own that they can use as a reference in overturning the charges against you. Rely on your lawyer for everything pertaining to your case. Make sure you tell them every detail about what you were doing at the time someone had perished, no matter how bad it looks against you, so they can help build a case in your defense. Gather Witnesses Anyone who had been at the scene of the crime or who had seen you during the time the crime was committed should be questioned by the police. It is important to notify your lawyer of anyone who had not been summoned to speak with authorities as they may have seen something that could help prove you were not at fault for someone’s death. If the incident happened in a public location, there may have been someone watching from afar. Find out if there were surveillance tapes that have vehicle license plates in view. The vehicles’ owners can be tracked down from this information. Cooperate Fully Even though you may be offended that you are being blamed for something you did not do, you will want to retain your composure with authoritative people. Cooperate but do not offer information without your homicide lawyer present. Allow any testing to be done as it could be used to verify your innocence. Maintain Good Citizenship If you are allowed to be released from jail on bail, make sure to retain a positive impression with others in your community. Ask trusted people to write verification that you have never shown any indication that you would commit an act of violence. These people can be used as character witnesses later as well. If you must stay in prison while awaiting trial, do what you are told and be a model inmate. This can help prove you do not have tendencies of...

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3 Myths Surrounding Workers’ Compensation and the Truths Behind Them

Posted by on 1:51 pm in Uncategorized | Comments Off on 3 Myths Surrounding Workers’ Compensation and the Truths Behind Them

If you’ve been injured on the job, it’s likely that you’ve heard or read a number of myths surrounding workers’ compensation. Below are three such myths and the truths behind them. 1. I Need to Prove That My Employer Was At Fault An injured worker will never have to prove the fault of their employer, as injured workers are protected by workers’ compensation law. If you’re injured while performing a work-related task, you’re likely covered by workers’ compensation and are not required to prove fault or negligence. If you’re injured while performing a job task, all you’re required to do is visit your doctor, file a workers’ compensation claim, and report the injury to your employer. 2. All Injuries On Site Will Be Covered It’s important to understand that while workers’ compensation law strongly favors the employee, there are a few instances when workers’ compensation cannot be granted, even if an injury occurred at the place of work. A common example of workers’ compensation not covering an injury is misconduct. If you, the employee, are injured due to your own misconduct – such as breaking company rules or operating machinery while intoxicated – your workers’ compensation claim may not be approved. There are exceptions, of course, such as your boss knowing about and allowing the horseplay that led to your injury. In such an instance, you’d likely be covered under workers’ compensation. It’s important to understand, however, that the no-fault aspects of workers’ compensation do have a limit, and gross negligence on your part is one such limit. 3. My Employer Can Deny My Workers’ Comp Claim After the workers’ compensation claim has been filed and you’ve notified your employer within your state’s mandated time period, the claim is out of your employer’s hands and they have no say in your claim’s approval or denial. While your employer has no say in the final outcome of your claim, it is possible for them to challenge that claim. There are a number of reasons your employer may dispute your claim, but their disputing it does not mean it’s denied. If your employer has disputed your claim, or your claim was denied by your employer’s insurance company, it’s important to consult with a workers’ compensation lawyer who can help you to fight for the benefits you deserve. To learn more about your rights and how to go about filing a workers’ compensation claim or appealing a workers’ compensation decision, consult with a local workers’ compensation attorney immediately, such as Lovett Schefrin...

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3 Reasons To Use A Trust In Your Estate Plan

Posted by on 7:55 am in Uncategorized | Comments Off on 3 Reasons To Use A Trust In Your Estate Plan

Getting an estate plan drawn up is vital to your emergency preparedness. At some point, everyone will pass away, so it is better to be prepared and have a plan set out for your family. Many people wonder whether they should put all of their assets into a trust or a will. Generally speaking, you should put the majority of your money, property and assets into a trust, here are a couple reasons why.  1. A Trust Is More Private One of the major differences between a trust and a will is that a will goes on public record while a trust does not. A will has to go through a process called probate. This is when the courts oversee the execution of the will, and in the process, they put all of the will, its contents and amount of wealth and assets on a public record. Most people don’t like the idea of having their entire life work on public record for anyone to see. This is why a trust is better. It provides you more privacy and will give your family more privacy after you pass away. 2. You Can Better Control A Trust When you create a revocable living trust, you maintain control over the torts before you pass away. You can choose how the money is handled and what conditions must be met before people can get their money. Then after you pass away, the conditions are put in place to qualify the money in the trust. For example, if you don’t want your children to have all their money at the same time, instead you want them to be given a stipend each year, you can put that in the trust and the money will be distributed. You can put special conditions in for children who might have special needs, and even withhold the funds based on drug tests or certain conditions. 3. A Trust Has Certain Tax Protections Trusts are great because they are protected from some taxes. If you leave your money outright to your children, it may be taxed after you pass away. However, a trust has certain tax protections. This doesn’t mean that your children won’t pay any taxes on the property and money that you leave them, but it will mean that the taxes are more reasonable. These are just a few of the many reasons why people choose to put their wealth in a trust when estate...

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Speeding Tickets And DWIs: Special Circumstances Where The Judge May Be Lenient

Posted by on 7:39 pm in Uncategorized | Comments Off on Speeding Tickets And DWIs: Special Circumstances Where The Judge May Be Lenient

According to the CDC, approximately ten thousand deaths were due to alcohol-related car crashes in 2013. While many intoxicated people drive below the speed limit (according to MADD), there are exceptions to the rule. MADD.org also says that drunk drivers tend to quickly accelerate, which means these drivers could quickly get into speeding zones. If you were found to be going incredibly fast and you were found with alcohol on your breath, your situation is probably quite dire. Hiring a DWI/DUI lawyer is the very first thing you should do once you have sobered up. He or she can examine the details in your case to decide if there is a way to avoid some of the very harsh punishments and fines that await you. There are a few special circumstances that could work in your favor. You Drank Before There Was a Medical Emergency If you took a drink or two and then there was a medical emergency in your home, it might be enough for a judge to go lenient with you. For example, your wife was pregnant and due to give birth, but you both thought you had a little time yet. So, you had a couple of beers after work, and within that time your wife suddenly started having contractions and you both realized you needed to get to the hospital. Obviously she could not drive, so you both got in the car and you sped toward the hospital. This might be one of those rare situations where drinking and speeding could not have been predicted or prevented, and your lawyer can argue that in your favor. The Gas Pedal on Your Car Stuck Granted, you probably should not have been in your car intoxicated in the first place, but if your vehicle malfunctions and the gas pedal gets stuck, you could easily be caught speeding and under the influence. This particular circumstance may mean that you will only have to pay your DWI fine, but you could avoid your speeding ticket since you were clearly not responsible. Your lawyer will have to prove that your gas pedal and vehicle malfunctioned, but if you had to crash the car to make it stop, then you will have plenty of records to show that that is exactly what occurred. You Are Caught for Speeding, but Mouthwash Is to Blame for the DWI Many mouthwashes, as well as adult cough syrups, are full of alcohol. If you had just used mouthwash and then got in your car to go to work and felt you had to speed to make it on time, the officer that pulls you over might give you both a speeding ticket and a DWI ticket. An on-the-spot breathalyzer test often causes a false reading for those that have taken cough syrup with alcohol or those that have just swished mouthwash minutes before. A blood test down at the police station should remove any doubt that this is the case, and then your lawyer may be able to remove the speeding ticket since the officer might have issued it in place of a warning if he or she assumed you were speeding under the...

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Filing For Bankruptcy: 5 Debts That Probably Won’t Go Away

Posted by on 12:19 pm in Uncategorized | Comments Off on Filing For Bankruptcy: 5 Debts That Probably Won’t Go Away

Bankruptcy wipes out all your debt. Right? Wrong! You might be surprised to find out that some debt will follow you even after your bankruptcy has been discharged. If you’re planning on filing for bankruptcy protection, you need to make sure that the debt you have is dischargeable. Take a look at some of the debts that are non-dischargeable through bankruptcy. Child or Spousal Support If you’re behind on your child or spousal support, don’t think that bankruptcy will remove that debt. It won’t. Under bankruptcy laws, court-imposed family support –such as child or spousal – cannot be discharged through bankruptcy. That debt will continue to accrue even after your bankruptcy has been discharged. Some Taxes There are some taxes that you will not be able to have discharged with your bankruptcy. Those taxes include property taxes and payroll taxes. It’s important to note that you will be able to include your federal taxes if certain requirements are met. Those requirements include: Taxes owed are from income There was no tax fraud A return was filed Debts Included in Previous Bankruptcy Filings If you’ve had a prior bankruptcy case dismissed due to some error or action on your part, you will not be able to include your old debts on your new filing. This is particularly true if the courts found that you committed fraud or misrepresentation on the prior filing. If the courts dismissed a prior bankruptcy case, and you believe it was in error, you’ll need to discuss your options with a bankruptcy attorney as soon as possible. Student Loans If you’ve taken student loans out for your education, you probably won’t be able to discharge those loans. In most cases, student loans cannot be included in bankruptcy proceedings. There is an exception to this but you’ll need an attorney to help you through the process. The Undue Hardship Exception will allow you to discharge student loans through bankruptcy. Here are the three things that bankruptcy courts look at when deciding on your student loans: Poverty – you can’t afford to pay living expenses and student loan payments Persistence of hardship – the poverty is expected to continue indefinitely Good faith – you’ve tried to repay your debt If you’ve tried everything you can to get out of debt, filing for bankruptcy may be your only solution. The information provided above will help you understand the debts that you will still have after your bankruptcy has been discharged. For more information, talk to a lawyer like Wade Bettis, J.D., Ph.D.,...

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Don’t Get Sued: Limiting Your Business’s Slip And Fall Liability

Posted by on 9:19 am in Uncategorized | Comments Off on Don’t Get Sued: Limiting Your Business’s Slip And Fall Liability

When you own a building, you are responsible for ensuring that those who visit your building are safe. Among the most common reasons why visitors become injured is that they become involved in a slip and fall. Having liability insurance will provide you with protection against a lawsuit, but you will also need to make sure that your building has as few slip and fall risks as possible. Repair Any Damage Have your business regularly inspected for signs of damage that could contribute to trips, slips and falls. For example, look for cracks in the floor that need to be repaired. Check carpets to make sure that they are not bunched up. Clean Up Spills Wet floors need a wet floor sign to warn customers. Correct the wet area as soon as possible. For example, if the area is slippery because of snow, use salt to melt the snow faster. If the ground is slippery because of a leak, have the leak repaired quickly. Keep the Building Clean Regularly clean the premises by sweeping, mopping and vacuuming. Remove clutter so there are fewer items to trip over. If there are cords in the walkways, find different places to place the cords and use tape to secure cords against a wall. Objects need to be placed in an area where they are not tripping hazards as long as the placement of the object will not cause serious inconveniences for the business. Install Adequate Lighting Slips and falls are often the result of poor lighting. Make sure that your building is well-illuminated to allow for visitors to see anything that could be tripped over. Rope Off Hazardous Areas If there is an area that is dangerous and has slip and fall hazards, such as a wing currently being renovated, use plenty of signs to warn visitors of the risks. Rope off the area and place barriers that will prevent guests from accidentally entering these areas. Speak with a Personal Injury Attorney Sometimes, it is impossible to avoid a slip and fall. For example, one of your visitors may have a medical condition that makes him or her more prone to falling. Under these cases, your liability will be based on whether it is believed that an action that you could have taken would have prevented the fall. If there is no such action you could have taken, you will likely not be held liable. But if you aren’t sure, you should consider consulting with a personal injury attorney, such as the Law Office Of Daniel E...

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Social Security Disability And Your Disabled Child

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Your disabled child may be able to collect benefits from the Social Security Administration if you and your child can meet the requirements. Qualifying for SSA benefits can be a long and confusing process, but if your child’s medical or mental condition meets the standards and your income is below a certain limit, your child could be eligible for benefits until they reach the age of 18. To learn more about how to qualify and the income requirements for Social Security Supplemental Insurance, read below. Deeming of Income and Assets Your child must qualify based on their condition, but before your child’s condition is evaluated, your income must meet the limits. In a process the SSA refers to as “deeming,” the parent’s (or legal guardian’s) income and assets are deemed as income available to care for the child. The process is quite complicated but is based on how many other children are in the home, the amount of support from other sources the child is receiving, and the parent’s income. A Social Security caseworker will complete a more accurate calculation, but general income calculators can give you a broad idea of the income guidelines. Some income can be excluded from deeming process, including: Foster care payments TANF (Temporary Assistance to Needy Families) Food stamps Refunds from income taxes Veterans pensions The primary family home and vehicles are not included in the deeming calculation, however, second or vacation homes and investment accounts are deemed as “available” to the child as an asset and are counted toward the deeming calculation. Benefit Fluctuations Benefits are paid, and re-calculated on a monthly basis, so your child’s eligibility and benefit amounts could change under the following circumstances: Parent or guardian’s income goes up or down. A parent dies. One parent (and their income) leave the family home. The child leaves the family home. The child enters a residential treatment facility. Sometimes these changes are just temporary, such as a the child spending a two-week vacation at grandma’s house. If you can show that the situation is temporary, the benefits amounts will not be affected. Time spent at a boarding school is not counted as an absence, as long as the child comes home for regular visits on weekends and school breaks. The deeming calculations are complicated and the entire Social Security application process can be daunting and time-consuming. Keep in mind that it may take perseverance and appealing the initial rulings to get benefits for your disabled child. If you need some assistance to get through the process and representation at your appeal hearing, contact a Social Security attorney as soon as possible to avoid missing important filing...

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