I Need to Speak to my Lawyer!

Posted by on Nov 5, 2015 in Attorney Advice, Law & Legal, Personal Injury |

Yes, this is a famous movie sentence that main caracters yeal in the face of police officers, before they get cigarretes out of pocket and sit in deaf room with unbreakable glass, with their lawyer, with a lot of smoke inside.

This is a guestpost provided by our partnered website johnbales.com

But have you ever though, what would you do if there comes some bad situation which put you in that stage of contacting your lawyer? Do you even have your lawyer? That person to contact, if you find yourself in an unexpected legal situations that seems to have bad outcome for you, must be in your phonebook for just in case.

So, are you familiar how to find good lawyer?

First of all, you start with contacting your employer. You should ask your employer if he offers discounted legal services through employee assistance program (EAP). It can be  a great resource to get basic legal documents at a reasonable cost, or to see if it is worth taking the next step in a more complicated situation. For example, if your EAP offers a free hour of legal consultation, you can use that time to figure out if there is an easy way to get out of trouble, or to see if you have a valid legal claim to file a lawsuit, before hiring a more expensive attorney.

Once you are ready to hire an attorney, your next step is to ask family members, friends, your work colleagues etc. for recommendations. Lawyers that somebody of them knows might be useful even if they practice outside of area you are in, because lawyers are in tend to know other lawyers, and most importantly, which ones are most reputable. After all, very much of their career success depends on that unofficial relationships since almost all their business comes from referrals.

Now, when you found some prospects, do not just hire one attorney because they happen to be first on the list, or it has nice name, or something like that. Chosing the wrong attorney can end up costing you a lot of money and time, so it is recommended to interview a few of them, at least 3. You should make sure that the attorneys actually offer the service you are looking for. When it comes to interview, you should prepare a set of questions that will help you decide which one is the best for you. You cam make interviews more like competition between them, and hire the one who adroits better.


For instance, you can ask them these questions, and compare answers they have given, it will surely be helpfull.

  1. Are you going to work with me personaly? – You don’t want to find an attorney you really like only to discover that you’re handed off to a junior associate of him.
  2. Do you have any credentials? – This question is to find out if he has a specialization in some law area. It could be useful if it is your problem area, e.g. tax law.
  3. Is there any question that you want to ask me? – Every good attorney will be focused on your situation and needs, rather than his own. So, if he doesn’t have any question, it might be that he is not very patient for you. 



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Divorce – Tips for Father

Posted by on Nov 5, 2015 in Attorney Advice, Law & Legal, Personal Injury |

Well, father, if it comes to worst, divorce, make sure that your acts while the trial is ongoing is very influential on final trial outcome. Here are some tips that you should have on your mind to provide you better position on court.

  • Be calm

DivorceIn family relationships, we often hoist our sails when the wind blows hardest and thus get blown around out of control.  The fathers who made it through the process took down their sails when the wind blew harder, both at home prior to the divorce and during the process.  When the angry wife would hurl bitter comments or recriminations, they took note of what was said, but they didn’t retaliate in kind.  They found that when they could react rationally and not in anger, they were more careful and more thoughtful, and did not give their wife any ammunition to use against them later.

  • Bad time for moving

These fathers who made it through successfully learned that when a father moves out of the home prior to a divorce decree, they put themselves in a bad position.  The Mom has practical custody if Dad leaves, and she is in a stronger position to get the upper hand in a custody battle.  You may need to move into another bedroom and avoid your spouse as much as possible to keep the discord down, but leaving the house will be a strategic disadvantage later.

  • Make records

Purchase a journal and keep careful records of everything that is said and done in relation to the divorce process.  Record threats, insults, etc. from your spouse recording dates and times.  Keep very careful records of your spending habits, money you give her and the kids, and expenses you pay for.  If there is a negative incident in public, write it down and record the names of any witnesses.  Print out your bank records periodically so that you can show any large withdrawals made by your spouse.  Record keeping is often the great equalizer in a legal system that seems biased against men and that relies on records and facts.

  • Behaive well

Limit your consumption of alcohol and drugs; in fact, stop completely if possible.  Pay your bills on time.  Don’t get into public spectacles that will cause anyone to question your level of responsibility.  Don’t allow your spouse to egg you into a confrontation and especially do not engage in any form of physical, emotional or sexual abuse.  In order to come out of a divorce process with your reputation and finances intact, you cannot ever be the aggressor.  Because of the pro-mother bias of the family law system, you have a higher standard of behavior to exhibit than she does.  It’s not fair, but it is the way it is.

  • Be „ normal dad“ to your children

Keep communicating with them, show up to their games, recitals and performances and praise them.  Help with homework and have some fun together as well.  Don’t talk negatively about their mom in their presence, no matter how she may talk with them about you.  Your positive interactions with them will help with the process, and will also preserve a relationship for later when the dust settles and normal condition sets in.

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Five Tips for New Law Students

Posted by on Nov 4, 2015 in Attorney Advice, Law & Legal, Personal Injury |

A-Levels in hand and en route to law school? Congratulations. You are about to embark on a course that can inspire, frustrate and empower, often in unequal measure. Though it will feel like it on occasions, studying law is not just about Red Bull-fuelled library nights, jargon-filled lectures, book-burdened bags and headache-inducing judgments.

Be it Grisham-inspired impulse, the worldlier need for career prospects, or plain curiosity, hold on to your motivation for choosing the subject. Law will challenge, provoke and push you out of your comfort zone. It’s worth it. Here are some tips.

Get used to feeling lost

Whether scribbling notes about easements, indirect directives or promissory estoppel, you may find yourself lost in lectures. Law is not meant to be easy and you won’t be the only one who feels at times that you are “not getting it”. Recall how your A-Levels were once a step up. Remember lectures are where your understanding begins rather than it ending. Don’t self-doubt. Gain support from peers, be pragmatic and work consistently rather than cram.

Take Class Notes

Do not, however, get so caught up in trying to take down everything your professor says that you are not actively engaged in the class discussion. Review your class notes before starting your next reading assignment and analyze how the new cases you read affect those cases you already have reviewed in class.

Follow law’s four R’s: Read, Research, Write and Reference

Read widely using a range of sources beyond textbooks and cases. You may think you can avoid it, but learn how to use LexisNexis and Westlaw; they are a god-send. Mooting will propel your researching skills so give it a go. Redescribing lecture notes in essays is unlikely to get you very far. Analyse, evaluate and avoid fence-sitting. Referencing is easy to get right but getting it wrong is a sure-fire way to frustrate over-burdened academics. Ensure your essay sticks out for the right reasons.

Prepare an Outline for Each of Your Classes

Law student consults booksOutlines prepared by more senior students or commercial outlines are not acceptable substitutes for making your own outlines. According to John Bales, The analysis necessary to prepare a course outline helps you determine the rules of law applicable to the subject matter of the course, as well as determine how the rules relate to one another. If you do not go through this process, you are less likely to master the subject matter. Also, not all professors teach a subject the same way.

Review, Review, Review

 Just because you don’t have an exam until the end of the semester does not mean that you should wait until the reading period to begin your review. This is not undergraduate school. You cannot cram right before finals and get good grades. Therefore, make time for frequent review over the course of the semester.

Some professors and/or Academic Fellows hold review sessions prior to exams. This is a great way to clarify the issues about which you are confused without having to stand in line outside your professor’s office.

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Copyright Understanding

Posted by on Nov 4, 2015 in Attorney Advice, Law & Legal, Personal Injury |

Violation of copyrights is unauthorised usage of material that is protected by copyright law, in way of violating one of the most exclusive rights of original owner of copyrights, such as right to reproduce or perform that protected act, or perhaps make derivate acts based on it.

For electronic or audio and video media, unauthorized reproduction and distribution is often called piracy or stealing. Critics of term „ piracy“ for describing such practice says that it is unfairly to equal violation of copyright with activity that are much criminal, perhaps courts hold on attitude that these two terms are replaceable.

Improvement od PCs, ease of ripping media files from CDs or from radio stations, combined with internet and popular tools for file exchange considerably facilitated unauthorized copying of digital files. This caused a lot of digital publishers to start implementing DRM technology which purpose is to stop this type of piracy.

Laws about copyright are standardized through international conventions such as Bern convention, and they are required from international organizations such as European Union or World Trade Organization. Altough some countries penalize some sorts of obvious acts of violating copyrights and trying to prevent importation od some piracy material, violating of copyrights are often is usually threaten through personal complaint from owners of copyrights or ones who have exclusive rights and licences. If complaint is successful, defendant is usually penalized financialy, and he gets court warrant which forbiddens violating of copyrights in the future.

A lot of complaints about violating copyrights are are simple cases where violating is obvious. However, there are some cases where is far more complicated to find a solution, because copyrights obtain more than one copying. It is necessairly that creative work takes inspiration from wide culture, and often represents real challenge to determine if the inspiration crosses over and brough violating of copyrights. Also there is question if that work is covered with copyright, especially in cases of music industry. Acts that are not covered by copyright could include compilation of facts which is missing minimal dose of creativity to be obtained by copyright, or those acts that is found in public domain after their copyright period is expired.

Note about protection of copyright is usually just simple statement about act itself, year of production and owner detal, is not always good indication if that act is really copyrighted, because most of countries don’t require such formalities, so if there is no notification, it doesn’t mean that material is not protected. Regardless to that, notification about copyright presents at least some indication about who needs to be contacted if you need permission and when copyright expires, even though conditions under which copyright is protected sometimes are extended, or even taken back after expiring.

To avoid violating of copyrights, right to use material protected by copyright law could be gained with explicit contract or licence with author himself, through purchase legal copy and for some sorts of media, through statute licences. Even without going through those channels to get rights to use protected acts, doctrine like fair usage or fair handling could potentially provide wide basics for complaint defence from violating copyrights.

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Getting Married – Legal Tips

Posted by on Nov 3, 2015 in Attorney Advice, Law & Legal, Personal Injury |

So, it is time for destinys „ YES“, and everything is great, and love is upon you… But.. It is good to look forward, and have in mind every possibility that might happen after… let’s say, life hits you and your beloved. Here are some tips for both of you.

  • Make prenuptial agreement

Many marriage fights start at the moment when marriage is not even started. At the point of making prenuptial agreement. If that is the case, be sure that you need one! It is the most practical solution if there’s a significant gap between the wealth of the bride and groom. Although in Scotland the prenup is a contract, in England it is not legally binding, meaning that English courts have the power to overrule it. However, the UK supreme court’s decision to uphold the prenup in the case between German heiress Katrin Radmacher and her husband Nicholas Granatino last year suggests that they may be recognised in the future.

  • Sorting out the wedding venue

With some places costing a lot of money to hire for the big day, you need to make sure you have a legally binding contract with the venue or supplier so that they and you know exactly what is being provided. Many people choose to have an informal arrangement with their supplier, but this can lead to unexpected costs, or worse, being stood up by your venue before you’ve even reached the altar. „Hey, whrere is the cake!? Sorry we have not made deal about it. What!!??“ Contract, be secure.

  • Wedding gifts

Parents often give gifts to their children on marriage. Gifts of up to $ 5,000 by each parent are free of inheritance tax, regardless of whether the parent survives seven years, and grandparents can gift $ 2,500 each tax free. If parents are giving larger gifts, they should consider whether this should go to both child and spouse. Although it may seem mean to only give a present to their daughter and not their son-in-law, if the marriage comes to an end, the son-in-law may end up with an expensive gift the parents would rather he didn’t have.

  • Don’t let your marriage be taxing

Married couples can transfer assets between them free of capital gains tax and in some circumstances, it may be sensible to consider transferring income-producing assets to make the most of this allowance. Beware though, in Scotland if an asset owned by one party pre-marriage is transferred to a spouse, it will become matrimonial property and therefore subject to a claim on divorce. This may also affect the outcome of a divorce in England.

  • Where to live

Buying a property together is one of the most exciting things to do as a married couple but one must consider how to set up ownership. You can own the property as joint tenants or as tenants-in-common. In a joint tenancy, the partners own the whole property and do not have a particular share in it, while tenants-in-common each have a definite share in the property. As joint tenants, if one spouse dies than the property will automatically go to the other spouse, but owning the property as tenants-in-common means that the will dictates who gets the property, meaning that the spouse may not automatically receive it.

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