Getting Good Legal Advice

Risks and rewards drive choices. Legal questions also require an understanding of the gamble and rewards. In litigation, for example, you often take your chances with the random assignment of a judge. The judge may manage her courtroom strictly or loosely, or she may be known to rule impulsively. Risks can include the likely jury composition based on their values and outlooks. Another downside could also be the financial resources of the opponent. Those funds may be available to pay a sizeable verdict, but they are also available to defend the case aggressively before the case reaches trial. Or conversely, the opponent may go bankrupt at the end of the litigation.

Assessing risks and rewards is much like an underwriter evaluates a credit risk by assigning a credit score. No case is perfect, but when appraising it, the dollar amount marked as the “target” value should accurately incorporate both strengths and weaknesses.

A competent legal counselor will carefully review the law and evidence with his clients at various stages of litigation. This review is similar to a frequently used market valuation used in business, known as “SWOT.” The acronym is “Strengths, Weaknesses, Opportunities, and Threats.” This process is often run backward from a future time when a judge, arbitrator or jury will be making a decision. The process is always one of asking what evidence do we have and does the evidence satisfy the requirements of the law? For example, is this witness a convincing witness who will make a positive impression on the witness stand? Maybe the question will be whether a judge will allow evidence into the case, such as evidence in an age discrimination case that the employer has discriminated against older workers in similar circumstances in the past?

Sometimes the risk is that juries in a particular jurisdiction are known to favor employers or corporations and to be unsympathetic to lawsuits by employees. A good counselor will have information about the likely jury pool, judge, or arbitrator. He will also get information about what verdicts have been for similar cases in that jurisdiction.

An effective counsel will reassess risks and rewards as the case progresses, and as she obtains new information. Witness statements, newly discovered documents, expert opinions, and cash reserves can be reasons for a material shift in valuation.

All my clients must also evaluate their level of resolve to press on with the case to a conclusion by arbitration award or verdict. The opponent will use every available negative piece of information to discredit the Plaintiff. An aggressive adversary will try to frighten and humiliate a party with embarrassing facts, such as a past arrest or incarceration, addiction, a job firing or a psychiatric history. Often this information can be excluded from evidence, but the client must be resilient enough to accept that the other side will use these tactics to shift the focus from its wrongdoing.

Capable legal counsel will know and articulate the opponent’s arguments from the outset before the case is filed or served. Just as importantly, counsel must have the courage to weigh the evidence as it comes in by documents and witnesses and to tell the client the case may not be as air-tight as first thought. This candid reassessment is a service because it grounds the client in reality, and saves the client the time, emotion and effort of a protracted battle without the desired payoff.

In my office, we role-play. We as attorneys not only make the opponent’s case, but we play the part of the witnesses, seeing the battle through their eyes and with their emotions. We ask our clients to engage with us in this pre-trial drama, as if they were the opponent, telling the opponent’s view of things as the client will likely hear it from the witness stand.

Most clients find this role-playing difficult. But as we remind them again that they are “out of character” they return to making the opponent’s testimony, however much they disbelieve it. One positive outcome of the exercise is the client’s appreciation that there is another plausible narrative vying for acceptance by the arbitrator or jury. This deeper understanding gives the client the power to assess risks more accurately. This knowledge, in turn, helps the client set the best settlement target.

In conclusion, legal counsel will guide his or her client to reach a target number for settlement. If that they cannot achieve that number, both attorney and client can feel confident going forward that trial is the best option.

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The Ultimate Guide to

What to Look for in a Lawyer

If you need legal help you ought to hire a lawyer. The options you have is to visit a lawyer who is specialized or to visit a general law lawyer. Going to a specialized lawyer is essential due to a number of reasons. Talk about the skills and expertise gathered by a specialized attorney during the training and practice respectively. Before you choose a lawyer however, you ought to look at some vital things. The following are some of the things you ought to look for in a lawyer.

The number one thing you should look for in a lawyer is the qualifications. For you to land a judgment that favors you, you ought to look for a trained lawyer. Checking other crucial details is something else you have to do as you look at the qualifications of the lawyer. To start with, you ought to look for a lawyer who is an alumnus of a renowned law school. In addition to that, it is advisable to choose a lawyer who attended a formal legal internship. Ask your soon to be lawyer to provide relevant certification to get a grasp of the qualifications of the lawyer.

After you think about the qualifications of the lawyer you need to look into the service fee. The fee charged by lawyers is not fixed. As such, some charge high fee than others. You will therefore need to look into the legal fee charged by different lawyers before making your ultimate decision. Finding out how the lawyer bills is another thing you ought to do as you think about the service fee.

Another consideration you need to have in mind before you hire a lawyer is the distance of the lawyers office from your home and office. Choosing a lawyer who is near you is advisable to ease the burden of travelling. For example, go for a Criminal Defense Lawyer Greenville SC, Criminal Defense Lawyer Roanoke VA, DUI Lawyer Greenville SC, DUI Lawyer Roanoke VA, Domestic Violence Lawyer Greenville SC, Domestic Violence Lawyer Roanoke VA. In addition to that, you should choose a lawyer who is located in an accessible area that is served by all-weather roads. You will benefit from choosing a lawyer who is near you by getting instant legal help.

The other thing you ought to do is to choose an experienced lawyer. With such a lawyer, you are assured to put your legal woes to rest. For instance, look for a specialized Criminal Defense Lawyer or a DUI Lawyer as well as a Domestic Violence Lawyer for the case you are facing. The lawyer will be able to solve complicated cases due to the experience. Look at the portfolio of your soon to be lawyer to get an insight into the experience.

5 Reasons to Hire a Private Investigator

When things just don’t add up in one’s personal life, it’s important to ask questions. Whether it’s a fraudulent insurance claim or an absentee spouse, many of life’s situations leave those involved with uneasy feelings. Though it may be tempting to follow someone alone, there are a few reasons why it’s not a good idea.

The Law

Private investigators are licensed by the cities in which they do business. There are educational and licensing requirements, as well as fees to be paid before an investigator can legally practice. Putting a person under surveillance without the right authority can land one in jail with stiff penalties.

Safety

As an experienced private investigator melbourne would say, things run smoothly until they don’t. Every investigator has a harrowing story to tell, and some are more frightening than others are. Catching a cheating spouse or a thieving employee isn’t worth putting oneself in jeopardy.

Objectivity

If a certain outcome is sought or prepared for, it’s hard to see the truth. Relationships come with prior histories, and assumptions often distort the real circumstances of the case. The court will always value the word of an unbiased third party, and that’s where a private investigator comes in.

Equipment

Although technological advances have put a camera in most people’s hands, a camera phone simply isn’t enough in a real-world surveillance operation. Private investigators have the latest tools such as covert cameras. Don’t leave the case to chance; hire an investigator.

Experience and Training

Investigators rely on their experience, as well as established protocols and procedures, to keep everyone safe. It’s their job to gather information and provide the client with results. When in situations that may become dangerous, a professional will assess the issue and take the proper actions.

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Although a client may believe they should follow their instinct and trail an unfaithful spouse or a dishonest employee, it’s important to think clearly and make wise decisions. Allow a professional investigator to serve as another set of ears and eyes. With an investigator’s help, clients will stay safe and get the honest answers they need.

Overwhelmed by the Complexity of ? This May Help

Guidelines for Choosing a Competent Severance Negotiations Lawyer in Boston

Selecting a reliable severance negotiations lawyer is not easy. This is because there are a lot of severance negotiations lawyers in the market. Choosing the right severance negotiations lawyer, therefore, requires you to have some information about the quality of services offered by other severance negotiations lawyers in Boston. It is also critical to research thoroughly before you select a severance negotiations lawyer. This will allow you to identify and remove the incompetent severance negotiations lawyer from your list. Ensure to also consider referrals offered by colleagues. You should also put factor like the experience of the severance negotiations lawyer in mind when making your selection. The quality of services offered by a certain severance negotiations lawyer depends on their level of experience. Here are things to consider when choosing a severance negotiations lawyer in Boston.

Firstly, consider the cost of the severance negotiations lawyer. It is essential to compare the cost structures of various severance negotiations lawyers before you make your decision. This will enable you to select the most affordable severance negotiations boston. You should, however, prioritize the quality of services offered by the severance negotiations lawyer when making your selection.

The reputation of the severance negotiations lawyer is another factor to consider. Using a highly reputable severance package negotiations lawyer is very essential. One of the best ways to discover the reputation of the chosen severance negotiations lawyer is to go through their online reviews. This will enable you to learn how it is like to use the severance negotiations lawyer before you make your selection. It is essential to make sure that you hire the most rated severance negotiations lawyer. You can also make sure that you employ a highly reputable severance negotiations lawyer by evaluating their track record before you make your decision.

Lastly, consider the skills of the severance negotiations lawyer. Ensure that you use a highly trained severance negotiations lawyer. A good way to determine the skills possessed by a given severance negotiations lawyer is to evaluate their records before you decide to employ their services. Choosing a severance negotiations lawyer that has been in operation for a long time is also essential. You can discover the severance negotiations lawyer’s experience by consulting with their clients. Determine the benefits and the shortcomings of working the chosen severance negotiations lawyer. It is essential to choose a severance negotiations lawyer that has been in Boston for more than four years.

What You Should Know About This Year

Factors You Need to Consider When Searching for Improved Family Law Services

Some people refer to lawyers as attorneys. If you need court representation and legal advice, you need to look for a lawyer. Layers are of many types but many of them specialize in family, business, personal injury, employment, bankruptcy, and car accident law. In this article, we shall focus on family law. A lawyer who has specialized in relationship issues is known as a family lawyer. If you have paternity, surrogacy, marriage, child support or adoption issues, you need to hire a family lawyer. Today, there are many family lawyers hence you need to be careful when hiring one. A competent family lawyer should have the following attributes.

The best family lawyers are qualified. A lawyer needs to be learned, skilled and to have a lot of expertise to be considered qualified. To become a family lawyer, one needs to have a minimum of a bachelor’s degree in law. After graduating, the lawyer needs to specialize in family law and look for an internship in a busy family law firm. The family lawyer also needs to offer services for many years to become experienced. Above all, the best family lawyers are passionate.

Before you pick a family lawyer, you need to ensure that he/she is authorized. The law doesn’t allow an attorney to offer legal services without having a permit. The family lawyer needs to attain the right requirements and to be registered to get a permit. The best family lawyers have valid licenses. For instance, the best domestic violence attorneys los angeles are permitted.

Affordable pricing is another attribute of a competent family attorney. Despite offering outstanding services and making a lot of sacrifices, a family attorney is not supposed to hike his/her prices. A research on the pricing of different family lawyers is highly advisable. It is also highly recommendable to come up with a budget on the amount to spend on family law services.

Better communication ability is another important feature of a good family lawyer. A family lawyer should be good in speaking, turn-taking and listening. Better communication skills enable a lawyer to offer advice effectively. A good family lawyer is also supposed to possess better writing and reading abilities. If you are searching for a good family lawyer for example in Los Angeles, you need to ensure that he/she communicates appropriately.

A good reputation is another attribute of a family lawyer who is competent. The reputation of a lawyer is determined by the quality of services the lawyer offers. To determine the highly reputable family lawyer in your hometown, you should read the reviews.

Learning The Secrets About

Reasons You Should Hire an Accident Lawyer
Numerous people are advised to hire a personal injury attorney as soon as possible when an accident happens so they can get the compensation they need. After an accident, it might be difficult to get compensation which is why you need a lawyer with experience who has dealt with similar situations in the past. An accident lawyer will heavily influence the outcome of the case which is why you should hire them as soon as the accident happens.

You need the accident lawyer if you want compensation for different expenses after the accident especially medical expenses, car repairs and lost wages. Getting payment from an insurance company can be quite tricky since they have legal professionals on their team who will ensure you get little to no compensation so you should be equipped with an experienced accident lawyer. Many people usually take time before they returned to their normal schedule due to the injuries they suffered which is like the lawyer will assist you taking care of the legal issues.

You should identify a lawyer who is solely focused on your cares and does not have numerous case at hand since they will not give you the attention you need. Getting a good deal from the insurance company will depend on the negotiation skills of the accident lawyer which is why you should verify whether they have an excellent reputation. Regular mistakes when collecting evidence in an accident scene can be quite expensive for the client since they will not get the compensation they initially wanted.

The deadline for filing an injury claim is different in each state, but the sooner you contact the accident lawyer, the better. Try asking for recommendations from people you trust regarding different accident lawyers they hired in the past and how their experience was with a lawyer. Go to the website of the lawyer to read reviews and ensure past clients who are satisfied with the services and compensation they received.

People go through different emotions when handling a personal injury claim which is why you should choose a lawyer you are comfortable around and can speak to without fear. Identify how long the lawyer has been practicing and if they provide references to see how many accidents cases they currently handled. It can be difficult to know how your case is going while in the hospital which is why you need a personal injury lawyer to give you updates and see if they handle numerous accident cases.

The accident lawyer will advise you when the insurance company provides a settlement offer so you will not make any mistakes and get a deal you deserve. The lawyer has spent enough time training and getting a license to ensure they understand the legal procedures and terms so it will be better to trust them.

The Value of Law in Our Lives and Society

It is known by all that law is an essential part of a society. It helps to make a society trouble free and peaceful. Law is made by humans in order to change the society with the introduction of equality, justice, and fairness.

Man has made laws, so being a maker we must follow laws too. Government and courts have set these laws and they are applicable for every citizen of a country. Victims are protected by law, whereas criminals are punished by it. You must obey law to avoid its consequences.

Law is very important for a society, for not only maintaining peace but also to control systematic lives of the people. Law protects a society from anarchy, chaos and disorder. Criminal actions like trespassing, rape, steal, damage, bully, murder and terrorism are controlled by the Law. This saves the society from every criminal act.

Disasters can be caused if people live in a society and start doing things according to their wills and principles. The Law helps to prevent people from doing actions what they want. A mentality of taking revenge will be created among the masses which may turn into unlawful acts. A society will be full of illegal actions, crimes and murders, if there is no law. Rules help a society to consider even a small problem to avoid its bigger consequences in the future.

A simple waste disposal may kill many people, if not prevented now. Cleanliness will not be maintained by people, if there is no such rule. People will find their own ways of living and survival, if they are not bound by laws. A war zone can be created in the world. Laws not only maintain peace in the society but also help to run the human race without any disturbance and in proper order.

A good relationship with each other in a society is regulated by a system of laws. Conflicts are also settled down by the means of law. The respect for human rights is ensured by this procedure of rules and laws. A society can function efficiently and properly only because of the presence of laws. Crimes are being stopped to become an everyday happening with the help of laws, so that children do not grow up finding the crimes to be normal. Future generations of the human race are safe and protected because of strict orders and laws.

So, laws are not only important in the society, but also in human lives

3 Ways to Search for the Best Whistleblower Lawyer

Whistleblower lawyers are the one, who exposes wrongdoing in the health care industry and bring unlawful activity to the attention of the court and the government.

Whistleblower lawyers who expose crime of an individual that is deemed to be illegal within the healthcare industry. They strive hard to bring false allegation to the light of the government/court. Whistleblower lawyers work under the False Claims Act (FCA) in order to punish those people, who deceived the system. The FCA allows individuals to file a lawsuit against criminals who have some in many ways swindled the government. The legal lawyers discover fraudulent activities against the government and blow a whistle on the perpetrators.

A whistleblower determines the interest of an innocent and protects him/her from being falsely accused. The lawyer exposes the violation of statutes, rules, and regulations that appear to be a threat to the financial health. If you are looking for the best whistleblower lawyer, then here are a few tips, which you should consider while choosing a whistleblower lawyer/agency:

Experience: A lawyer who has acute knowledge and expertise in handling the lawsuits related to whistleblowing. Whistleblower lawyers should have experience in handling Qui Tam Cases in the past. There are numerous online legal firms, it is advised that one should not rely on those firms who do not have specific lawyers for handling qui tam lawsuits or fail to mention that their lawyers have won civil cases. Before hiring any potential whistleblower lawyer, check whether they have won any qui tam cases in the past.

Analytical skills: A legal lawyer should have a proper skill set or analytical skills that can help them to investigate the accuracy of the case. There are online law firms that claim that their specialized lawyers handle lawsuit related to FCA, which any ordinary lawyer can also handle. Therefore, it is extremely important for you to ensure that the lawyer can handle any typical case with confidence. The lawyer should effectively communicate and must possess personal qualities to litigate the case very well.

Guidance on the risk: A good whistleblower lawyer counsel/advise an individual in different legal considerations and save from false allegations. The lawyer would share transparency in the case and help avoid any type of pitfalls. Whistleblowing is a stressful activity. It can create a problem for the lawyer and put livelihood, reputation, and personal relationships into risk. The lawyer who stands for truth and justice had can face familial discord.

How to Stop Harassment From Creditors

Creditors can take action to recover their money if you have unpaid debts and this intent is not illegal by itself. However, if the steps taken to recover the debt amount to harassment or cause you trauma, then you have the right to put an end to it.

What is harassment by creditors?

Sending reminders for their dues, calling you for the purpose of recovering the debt during working hours or even taking court action are technically not illegal. Creditors have the right to recover their money owed.

However, if creditors’ behavior includes the following actions, it could be seen as harassment, which you have the right to put a stop to:

– Contacting you any odd hour of the day, including early morning and late night
– Not informing you that your debt has been transferred to a collection agency
– Threatening you, either verbally or physically
– Not acknowledging it if you deny the debt; persisting with their collection practices
– Suggesting or pressuring you to get another loan or sell your existing assets to meet your dues
– Showing you false documents that look like court orders or legal papers to pressure you
– Telling you that your debt liability is a criminal offense or implying that your assets can be taken away from you as part of legal action against you
– Giving you the impression that legal action has been taken against you already
– Informing others about your debt directly or asking them to pass on the message for you
– Contacting you on social networking sites like Facebook

As a consumer, what can you do?

You need to start keeping a record of the calls or contacts made. As a consumer, you have rights that protect you from this harassment. However, ideally, you need to get in touch with a legal professional to help you understand what would work for your case against the creditors’ behavior and how best to stop the harassment immediately.

A legal professional can guide you on how to start building your case while also helping educate you on how best to deal with creditors until the harassment is brought to a full stop.

The Fair Debt Collection Practices Act (FDCPA) puts down certain behaviors by debt collectors that are not acceptable. If collectors indulge in these, legal action can be taken against them:

– Collectors cannot harass or abuse the consumer
– Make repeated calls or use obscene or profane language
– Make threats of violence
– Make public the names of people who have debts unpaid
– Make calls but not identify themselves

The FDCPA allows for certain practices such as:

– Contacting friends or relatives or neighbors of a debtor to learn only about how to contact the debtor
– During this call, they cannot reveal the purpose of the call nor their own identity
– They can call the debtor after 9 p.m., provided they have agreed to it previously
– Violations of the FDCPA can cause lawsuits to be filed and the consumer can win damages, including monetary damage.

Similarly, the Telephone Consumer Protection Act or TCPA also has guidelines on what constitutes legal debt collection practices. The TCPA also regulates the use of calls through automated equipment or what is also termed as robocalling. The TCPA prohibits calling debtors unless there is written consent from them. Violations to the TCPA can attract as much as $500 in monetary damages per incident. In case the violation is found to be willful, this can increase as much as by three times.

Free Legal Advice

What is a Founder Agreement (FA)?

When a startup company comes into existence, it requires a set of rules between the founders/promoters of that company. “Founder Agreement” is a contract which is drawn between the founders/promoters of a company on key issues in regards to their company.

Why do we need it?

· To outline mutual understanding, responsibilities, rights and obligations of each party to the FA and align their goals.

· To keep a record which will prevent ambiguities in future.

· To provide for allocation and distribution of resources.

When to enter such agreement?

– At the time of tabling the idea;

– At the time of incorporation;

– At the time of capitalization.

Standard Terms & Conditions of a FA

· Equity Investment and Shareholding Structure: Who should hold how much shares? Equity should be divided on the basis of contribution of each of the founders respectively.

· Board Management and Governance:How many founders to be on the Board and why? How the company is to be governed?

· Salary: Compute the salaries of the Founders and their increments.

· Roles & Responsibilities: Divide roles and responsibilities at the top management.

· Shareholders’ Meeting: Frequency of meetings, authorized people in the meetings.

· Fresh Issue and Transfer of Shares: Issues such as Lock-in periods, founder selling his stakes, Right of First Refusal, transfer upon death, etc.

· Approval of Debts: What will be the procedure to approve action which might incur debts to the company?

· Appointment and Removal of a CEO: It should be agreed as to how founder(s) will appoint and remove the CEO.

· Vesting: Right of the company to buy back its shares upon some contingencies is mentioned.

· Confidentiality, Non-Compete and Non-solicit:A founder not to engage in any activity (espionage, breach of confidentiality) with any other entity which would jeopardize or be adverse to the company’s interests or would directly compete with the company.

· Representation and Warranties: Founders are restricted from entering into any other contracts which would limit their obligation towards the company and also, prevent any third party rights over the Intellectual Property of the founder(s)/company.

· Amicable Exit from business: A strategy as to how to exit from the business should be devised.

· IP Rights: Intellectual Property Rights should be accorded to the company and in case of partnership, to all the partners.

· Indemnity: Founders to indemnify the investors for the loss caused by misrepresentation or warranties given to them.

· Governing Law and Dispute Resolution: The FA should mention the laws to be followed and the process of dispute resolution.

Statutory Law References

Sec. 2(h) of the Indian Contract Act, 1872.

Important Do(s) and Dont(s)

· It should be a written agreement to remove ambiguities,

· It should be entered into at the time of incorporation of the company,

· Ensure the legality of the contract and its proper execution,

· Do not provide for severability of clauses as it is not recognized under Indian laws,

· Articles of Association should contain the provisions of FA.

· Above all, lawyer consultation is necessary to draft the agreement so as to review the legalities.