Monday, January 28, 2013

What Happens In Divorce Proceedings?


Divorce can be the worst or best thing that can happen in your marriage. It does not only involve you and your spouse but also your children. For this reason, you have to think twice before deciding on getting a divorce.

If you decide to get one, you have to understand the procedure that you’ll be going through and be prepared every step of the way. Typically, divorce involves legal matters. You have to deal with your bank accounts, properties, debts, inherited wealth and most of all, child custody.

Once you and your spouse undergo divorce proceedings, all your bank accounts may be summed up and divided equally. Some encounter their first problem in this event. If one party feels that the division is unjust, they will have to contest the decision and offer a better solution. This usually happens for personal accounts. For joint accounts, the money is divided equally to both parties.

Next, is your real properties. All your properties are marked and sorted. These properties needs to be determined if they were acquired before marriage or not. Some couples would agree on the things they wanted and what they want to give to the other party. But for some who can not compromise, they have to undergo some technical proceedings in determining who gets what.

Debts are also divided equally no matter who initiated the debt. There are some cases where a party negotiates to have only a certain percent of the debt to be shouldered for the reason that they are not the one who used the money. The court will more than likely divide for this issue.

Inherited wealth is also an issue but if one party can prove that the inherited wealth is solely given to him or her before they are married, then it will be awarded. The court will further investigate on this issue to come up with the most reasonable decision.

The hardest part of this divorce proceeding is the children custody. With this, the children are greatly affected and can suffer emotional stress. Most of the time, under aged children are awarded custody to the mother and the father is provided with visitation rights unless each party can provide valid proof that the other party is unfit to be a guardian. The court will weigh all these cases and finalize the divorce proceedings.

What Should You Look For In A Personal Injury Lawyer


If you have ever been involved in an accident and was injured, you may want to expect compensation brought about by the damages and want to hire a Personal Injury Lawyer who specializes in personal injury cases. These cases may vary from work-related injuries, medical malpractices or factory defects caused by auto accidents.

A Personal Injury Lawyer is someone who provides legal assistance to those who claim to be injured physically and psychologically as a result of another’s misdeed, whether willfully or through negligence. They are experienced and knowledgeable in the Tort Law that includes civil wrongs and economic or non-economic damages to property, reputation or right.

The responsibility of a Personal Injury Lawyer encompasses professional and ethical rules and codes of conduct. They file legal complaints, argue cases in court, draft legal documents, offer legal advice, and seek redress for the victim. They are also known as Plaintiff Lawyers.

When hiring a Personal Injury Lawyer, it is important to know beforehand the fees you are going to pay. Some lawyers give free consultation, while others may charge something. Not all attorneys are the same as they have different business styles. During your initial meeting, you will be able to get the “feel” of how the two of you can work out the case.

One important factor to consider is the track record of the person you are hiring. This is relevant in all other endeavors in our life. But in this context, it is really important because life and property are affected. Do your homework then. If you know someone, or perhaps you have friends and colleagues whose cases this lawyer have handled, ask about them, and how did he deal with them. Find out what kind of cases your Personal Injury Lawyer have handled and what is his success rate of winning cases. If he has an excellent record, then the consultation fee you have paid at the start of your transaction is well worth it. If at the very start this prospective Personal Injury Lawyer is not willing to meet with you in person to discuss your troubles, then you can forget him and move on to your next prospect.

After your first consultation, when you decide that this is the Personal Injury Lawyer for you and your case, you can now start collecting significant documents that are relevant and may help you push through the case. Each evidence is important to the lawyer so he can study your case well.

What To Look For In A Divorce Lawyer


Divorce attorneys are highly in demand in the United States. With its competitive market, an average person may find it hard to seek the right legal counsel when faced with the prospect of a divorce. To handle your case from beginning to end, one has to find someone who can be trusted. Here are some qualities to look for:
  • He should be an expert in family law, since issues regarding child custody will be tackled. He should be able to counsel his clients when consulted upon. It would be better if he has board certification and has some significant experiences. Board certificate lawyers who have ongoing education regarding family law is an advantage.
  • He can communicate with you in plain layman’s language, not in legal talk.
  • He is someone who is trustworthy, because being your hired attorney, you may have to reveal a whole lot about your family, relationships, finances, and other personal info in your marriage.
  • He can recommend possible solutions regarding child custody, child support, and visitation arrangement. It should be clear to him that you want to prioritize the children’s needs.
  • He should be affordable, and can work and relate with you well within the limits of your budget. Most family lawyers bill on an hourly basis of their professional service. Very few would accept a flat fee, because it is difficult to foresee how the proceedings will turn out. However, if your case can be forseen as 99 % amicable, or if the tasks are well-defined, the lawyer may settle for a flat fee.
  • An attorney is not a therapist or a religious spiritual director. However, he must always be of help in the negotiation of a divorce agreement. Both spouses may have no intention of going into court. If it is your philosophy to keep things as calm and peaceful as possible, he should support your attitude.
  • If in case the divorce proceedings are going to court, the lawyer’s courtroom track record is crucial in your choice of hiring. One should make a background check on his previous successful cases as a trial lawyer.

All About Criminal Defense Lawyers


In our present world that is characterized by rampant violence and crimes, the services offered by criminal defense lawyers are critically needed.  A criminal defense lawyer performs a variety of major services for the accused in any given case.  He not only acts as a defender for the accused, but also serves as his adviser as well.  Everyone accused of a crime has both the privilege and right to a legal defense.  In accordance with our judicial system, a person is still believed innocent until proven guilty.   For a flawless defense, a reputable and experienced criminal defense lawyer is needed to quickly sum up the immediate facts of the case and start a thorough investigation.  He needs to work from the start for the return of a “Not Guilty” verdict.

The main function of a criminal defense lawyer is to defend the client who has been accused of committing a crime.  The criminal defense lawyer is expected to perform his duties as a lawyer to the best of his abilities in defending his client against prosecution and in court if necessary. The first order of business is to establish what is called a “client interaction.”  This step refers to meeting the client personally to discuss the case with him or her even it means the lawyer has to visit the accused in prison to discuss the subject matter.  The next step is the “case management,” which is the fundamental role played by the criminal defense lawyer. This includes varieties of activities such as the organizing of case documents, reviewing the correspondence, and the filing of exhibits.

Pleading preparations” then follow.  This is the phase in which the criminal defense attorney utilizes his expertise with criminal defense law, and applies it to each particular case.  This phase includes determining and answering the complaints filed against the accused, and submitting the defendant’s defenses and denials to which he or she has been accused. It is a must for the criminal defense lawyer to provide the necessary copies of all the important documents to the prosecutor in each case, and to the court as well.

It is expected that a criminal defense lawyer will do his best to prove his client innocent of criminal charges. This process could, however, end in a settlement negotiation to make a sentence lighter for the defendant.  Plea bargains can be used in order to work for a lighter sentence, often well before any trial. Finding an experienced, reputable criminal defense lawyer is essential to a successful defense, and the sooner the better, if you are charged with a crime.

Business Lawyers: A Business Must-Have


Starting up your dream business can be your greatest achievement and give you a sense of well-earned fulfillment. As you are doing what is needed to grow your thriving business, it is easy be overwhelmed by the legal processes required to sustain a viable business.  To be on track with the legal requirements of your booming business, it is best to find yourself a local business lawyer that has current knowledge of business and corporate law that would be specific to your unique needs. Listed below are a few guidelines to consider in choosing your business lawyer:
  • If you are looking online, you should look at the profile of your target business lawyer with a critical eye for experience with successful companies.
  • Check to see if the lawyer’s website contains testimonials and if the companies they have dealt with are similar to yours.
  • Do they specifically point out if they specialize in business start-ups?
  • Check any relevant newspapers to see if they reveal any information on your target lawyer.
  • Are there any prominent organizations that have endorsed the lawyer in question?
  • Is the lawyer in practice alone, or in a firm?
  • Does the local bar association have any complaints on file for this lawyer?
  • Ask for referrals from credible sources, or those that have experience with running a business.
  • Make sure that your target lawyer is highly specialized in contract law and has successfully handled lawsuits if needed.
There is no substitute for an astute business lawyer to consult with when it comes to the ins and outs of business legalities.  For the convenience of being able to reach your lawyer at any time, the best plan is to procure one on a full-time basis.  You can also check the local Chamber of Commerce to make sure your lawyer is a member.   A business lawyer will help you as you develop your thriving business, and ensure you are properly acquainted with the different phases and strategies involved in the business world such as considering the options for naming your business, or the type of business to register the firm with, etc.  There is no substitute for finding a good and trustworthy business lawyer that is capable of handling the tasks of guiding your business through its legal channels.  Do the due diligence needed, and you are sure to have a partnership that will lead to a successful business!